ABSTRACT
Unlike the statutory intellectual property rights, the action for breach of confidence was developed by the common law. The result has been an action which carries the blessings of flexibility, but also the concomitant burden of uncertainty. The protection which is given against unauthorised disclosure or use by anyone who owes an obligation of confidence to the imparter of information applies to any type of information, whether commercial, private or governmental. In the intellectual property field, the action stands as an alternative, or an adjunct, to statutory design, copyright or patent protection. Confidence has the advantage of not needing any formalities of application or registration, or the payment of fees. It also has the advantage that it can be implied from the circumstances in which information is divulged between the parties to an action. However, the obligation to preserve confidence is dependent on there being a relationship between those parties and, once the information has been disclosed to the public, there can be no effective further secrecy.
