WIPO Symposium on Trade Secrets and Innovation
Jane Lambert Before he began his distinguished career in the WIPO, Francis Gurry was best known for a rather good book on the law of confidence . It is now in its second edition having been updated and edited by Tanya Aplin, Lionel Bently, Phillip Johnson, and Simon Malynicz. Although the law of confidence can be used to prevent unauthorized use or disclosure of any kind of secret information, it is the legal mechanism by which trade secrets are protected in the United Kingdom. It is probably the most widely used means of protecting investment in innovation and creativity in this and other common law countries. The law of confidence offers a number of advantages over patents and other registered rights. It is free. It arises whenever information the use or disclosure of which would benefit the confidant or harm the confider is imparted in circumstances that give rise to an obligation of confidence. It cannot be revoked as a patent can and the obligation of confide