The subtopic commences with a discussion on confidential information and is followed by a discussion of the principles that concern the subset of confidential information that is known as trade secrets.

Confidential information is distinct from other forms of intellectual property. It is not dependent on statute for its existence. It is information that is the subject matter of an obligation of confidence. Put another way, it is information with respect to which an action for breach of confidence may lie.

See What is confidential information?

Three elements are normally required to establish a case of breach of confidence is to succeed. These are that the information must have the necessary quality of confidence about it; the information must have been imparted in circumstances importing an obligation of confidence; and there must have been an actual or threatened unauthorized use or disclosure of that information.

See What are the requirements for the subsistence of confidentiality?

Trade secrets are a subset of confidential information that have particular importance in connection with the employment relationship.

See Trade secrets.

The enforcement of obligations of confidence require an understanding of what is alleged to be confidential and what remedies may be available for breaches of the confidentiality obligations.

See Enforcement of the obligation of confidence.

It is a fundamental principle that a recipient of confidential information should not be allowed to use the information as a springboard into a better position than would have been achieved from the use of publicly available information and the recipient’s own independent skill and ingenuity.

See Spring-board doctrine.

Confidential information is neither physical property nor is it a statutory right. The mechanism to transfer confidential information relies on the only way that such information can be transferred, ie by disclosure.

See Transfer of confidential information.