Intellectual Property In Australia

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Intellectual property is a term that extensively used both in the legal profession and society in general nowadays. Nevertheless, it still a concept in debate especially in terms of definition since it has different sense in different context. Landes and Posner (cited in Wang 2014) state the definition of intellectual property as follow: By “intellectual property” we mean ideas, inventions, discoveries, symbols, images, expressive works (verbal, visual, musical, theatrical), or in short any potentially valuable human product (broadly, “information”) that has an existence separable from a unique physical embodiment, whether or not the product has actually been “propertised,” that is, brought under a legal regime of property rights. The recent…show more content…
2012). In law, confidential information are considered as not “property” like a patent is. It cannot be sold or stolen. However, it can be protected against a breach of confidence. Davison, Monotti and Wiseman (2012) said that confidential information with commercial value are protected by the combination of common law and equitable principles in Australia. That information are protected from being acquired, disclosed or used by other in conditions where an obligation of confidentially arises. The obligation may arise from any one or a combination of sources such as contract or the fact that the situations in which a person acquired the confidential information are such that the courts consider that those situations force an obligation of…show more content…
Fiduciary duties to act in their employer’s best interest, which include a duty not to misuse their employer’s confidential information The obligation of confidence over information learned during the fiduciary relationship continues even after that relationship is over. Nevertheless, there is a weakness or problems in defining the confidential information itself. Caenegem (2007) on his article discuss about the case of Bluescope Steel Ltd v Kelly [2007] whether there are some difficulties to identify precisely what information disclosed considered as confidential. That caused problems in precisely formulate an injunction and in determining the extent, if any, of an award of an account of profits. In Faccenda Chicken Ltd. v. Fowler et al, [1986] 1 All E.R. 617 (C.A.), the English Court of Appeal distinguished between trade secrets and two degrees of confidential information: "highly confidential information" which will be protected after the termination of the employment relationship and "less confidential information" which will not. 3. Corresponding obligations owed under the Corporation Act 2001 section 183 (1) That legislation stated

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