From The Jolly Contrarian
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| {{a|confi|}}Information that you or one of your clients has a legitimate interest in protecting by means of a [[confidentiality agreement]]. There are two main categories of this data:
| | #redirect[[Proprietary information]] |
| *'''Intellectual property''': Information which is protected by [[intellectual property]] rules — trade secrets, creative work and so on; and
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| *'''Raw data''': Unimproved raw data which didn't involve any creative work and isn’t able to be copyrighted or patented, but which nonetheless the client is hotly keen on keeping a lid on (its own client lists, its trading data, its internal economic performanace data and so on).
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| [[Intellectual property]] is legally protected in itself and without the need for a {{tag|contract}}: {{tag|copyright}} arises automatically on creation; patents and trademarks when registered, and an intellectual property holder can enforce its rights against the world without having to prove any agreement. Nonetheless, a [[counterparty]] might want to reinforce its general [[intellectual property]] rights with a contract, though that is usually quite fussy. [[Intellectual property]] rights expire — for good reason, and usually far later than they should, in this old bugger’s opinion — and only protect certain things (and don't stop you passing on something that has been legitimately provided to you).
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| Confidentiality obligations are more comprehensive in some ways and the measure of compensations for breach is quite different. Your remedy for a copyright infringement is an account for profits. Your remedy for breach of confidentiality is damages.
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| Both tend to be hard to make out where the material infringed is not commercially sensitive.
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| {{Sa}}
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| *[[Copyright vs. confidence]].
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Latest revision as of 06:39, 1 July 2024