Gurry on Breach of Confidence: The Protection of Confidential Information

Francis Gurry’s renowned work, Breach of Confidence, published in 1984, was groundbreaking and invaluable in the field of intellectual property as the first text to synthesise the then burgeoning case law on breach of confidence into a systematic form. A highly regarded book, it was the first point of resort for practitioners and a key source for judges. Aplin, Bently and Malynicz bring us a new edition of this important work, fully updating it in light of the developments since the first edition and adding new material on the history and current relevance of the action, as well as on comparative legal protection of confidential information within Europe. Like Gurry, the authors constantly distinguish the action of confidence from associated legislative regimes which regulate the access to, acquisition, use and disclosure of information and both the advantages and disadvantages of the action for breach of confidence, and references to the many analyses of the data protection regime are included. They expand on the original work, in particular considering and analysing how the issues with which the law of confidence are handled elsewhere, keeping in mind the transnational nature of many of the business transactions. Furthermore, some issues of jurisdiction and choices of applicable law are considered. Bringing together their particular skills and interests, the three authors produce a fresh re-writing of a highly significant text and it aims to retain the academic quality of the original whilst enabling it to regain its status as the leading authority in the field.