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IP > Trade Secrets > Flashcards

Trade Secrets Flashcards

1
Q

What is the main case concerning trade secrets requirements?

A

Coco v Clark

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2
Q

Facts of Coco v Clark

A

C designed Moped and negotiated with D to manufacture it

Negotiations broke down, and D manufactured and sold Moped for himself

Claim failed: info likely to be in public domain

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3
Q

What are the 3 basic requirements for trade secret protection to arise?

A
  1. Info must have necessary quality of confidence about it
  2. info must have been given in circumstances imposing obligation of confidence
  3. must have been unauthorised use of the info to the detriment of party communicating it
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4
Q

Where is a trade secret defined?

A 
Art 39(2) TRIPS Agreement 1995
Art 1 and 2 Trade Secrets Directive 2016
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5
Q

How is a trade secret defined?

A

info Not generally known among or readily accessible to people within circles that normally deal with that kind of information

information that has commercial value because it is secret

information that is subject to reasonable steps to keep it secret

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6
Q

What are the main rules concerning the necessary quality? (5)

A

Must be identifiable

must be more than trivial

must not be immoral

must not be vague

must not be in the public domain

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7
Q

What is the main case concerning identification?

A

PA Thomas v Mould

owner of info must make it clear and certain it was that information intended to be protected

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8
Q

Which cases concern trivial information?

A

Coco v Clark - info must be of sufficient gravity

Douglas v Hello - “trivial” is subjective

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9
Q

Which case concerns immoral information?

A

Stephens v Averay - matters of “grossly immoral tendency” not protected

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10
Q

What are the main two cases concerning vague information?

A

De Maudsley v Palumbo

Fraser v Thames TV

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11
Q

What are the facts of De Maudsley v Palumbo?

A

C shared various ideas for a nightclub, including:

  1. large and decorated in “high tech” style”
  2. different areas for dancing, socializing and VIP lounge
  3. host renounced DJs

held: action dismissed because ideas were too vague, and when combined, lacked originality

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12
Q

What are the facts of Fraser v Thames TV?

A

Girl rock band wanted to create a reality TV show about themselves, with fictitious elements

held to be commercially attractive and the idea was sufficiently well developed to be protected

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13
Q

Which cases concern the public domain? (3)

A

Coco v Clark
Terrapin v Builders supply Co
Ackroyds v Islington Plastics

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14
Q

Which case concerns the springboard doctrine? What are the facts?

A

Terrapin v Builders Supply Co

  • D obtained information about manufacturing of portable buildings, and used it for himself
  • Springboard doctrine states that those who obtained info in confidence, cannot use it to the detriment of the owner, even where the information is already in the public domain
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15
Q

True or False: encrypted information that requires reverse engineering is considered to be in the public domain

A

True

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16
Q

Which case concerns reverse engineering / encryption?

A

Ackroyds v Islington Plastics

17
Q

What rule is established in Ackroyds v Islington Plastics?

A

Where reverse engineering requires substantial work to acquire the information, the information is not considered to be in the public domain

18
Q

In which 3 ways does obligation of confidence arise?

A
  1. direct
  2. indirect
  3. employment
19
Q

examples of intrinsic, direct obligation of confidence? (4)

A
  1. doctor / patient
  2. solicitor / client
  3. director / company
  4. husband & Wife - Argyll v Aargyll
20
Q

What is the test applied to determine whether there is an inherent, direct obligation of confidence?

A

Would the reasonable person standing in the shoes of the recipient realise the info was imparted in confidence?
Coco v Clark

21
Q

In what circumstances does no direct obligation of confidence arise?

A

blurting information out in public - coco v clark

informal, social setting - de maudsley v Palumbo

22
Q

In what circumstances does an indirect relationship arise?

A
  1. recipient aware of the confidential nature
  2. subsequent discovery - English and American v Herbert Smith

3, Bona fide purchaser - vaelo vision v flexible lamps

23
Q

What is the main rule regarding strangers and indirect relationships? Case?

A

obligation arises where recipient knew, or ought reasonably to have known, that the info was confidential

Douglas v Hello!

24
Q

What is the main case regarding employment in indirect relationships?

A

Faccenda chicken v Fowler

25
Q

According to Faccenda v Chicken v Fowler, what obligation does the employee owe to employer during emplyoment? (2)

A
  1. Not to disclose employers affairs to his detriment

2. not to misuse employers property, e.g. lists, plans

26
Q

According to Faccenda Chicken v Fowler, what must the court consider when determining whether an obligation of confidence arises? (4)

A
  1. nature of the emloyment - is the info habitially handled by employee? If yes, likely there is an obligation
  2. nature of the information itself
  3. did the employer press on the employee that the info was confidential?
  4. can the information be isolated easily from free information? If yes, probably no obligation of confidence
27
Q

What are the three types of breach? With cases

A
  1. use for own purpose - Coco v Clark
  2. Disclosure - making info public - douglas v Hello
  3. acquisition - intentionally and secretly obtaining information, knowing the c intended it to be private - Tchenguiz v Imerman
28
Q

What is needed for breach to be established? What are the rules for this, and what is the relevant case?

A

CMI Centres for Medical Innovation v Phytopharm

there must be causation - 3 ways to prove this

  1. direct evidence
    2 indirect evidence (e..g similarities)
  2. speed - D couldnt have achieved their objectives so fast without relying on the information

IP (6 decks)

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