Maxwells

Confidential Information

How are intellectual property rights related to confidential information and rights of privacy?

Confidential information

Confidential information (or trade secrets) are a type of IP.  You can provide effective protection for some technologies, proprietary knowledge (know-how), confidential information by asking people who you wish to disclose it to, to sign a Confidentiality Agreement. (See section on Sharing Information.)

Rights of privacy

Your rights of privacy at work are governed by privacy laws at the federal, State and Territory level. The laws set out the management of personal information and attempt to balance the individual’s right to privacy of personal information with the need of organisations to collect, use or disclose personal information for legitimate work purposes. Personal Information is information that identifies an individual.




IP complexity 

Data has multiple restrictions.

A single piece of information or data may be covered by different legislation and legal rules.  For example, a simple Name and Address table (see below) may involve Copyright, Confidential Information, Personal Information and Contract law.  Each piece of data can only be used in accordance with each of the rules that apply.  More than one rule might apply to a single piece of data.  Confidential Information is also protected by the law of equity even if there is no contract in place.

Name

Address

Charitable Donations Index

Joe Bloggs

54 George Street, SYDNEY NSW 2000


4567

Mary Wilson

67 April Lane, NORTH SYDNEY  NSW  2060


4568

Fred Name

Unit 2/98 Mill Street, BANKSTOWN  NSW 2200


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4569

A film, for example, may have multiple rights

A film will include a sound track, artistic works, copyright works in the underlying story and may include clips of trademarked products.  Each has a different right of exploitation and copying.  Each right is independent, and starts on different days and lasts for different periods.


For further information on Confidential Information, please visit Maxwells website or, next, learn about Domain Names.

 
 

Which contract is best for me?


Clicking on the link to one of the specific online Contract Templates listed on this page will give you a description of when that particular contract should be used, and help you decide if it is the right document for your needs.