Confidential Information & trade secrets: When is a trade secret in the public domain?

Graeme S Clarke SC writes on Confidential Information & trade secrets: When is a trade secret in the public domain?. According to Graeme Clarke SC, the public domain is a limiting concept on breach of confidence claims. Information in the public domain is not confidential. Where the information is a trade secret about a product, sale of the product in the marketplace does not necessarily mean that the confidentiality of the secret, along with the plaintiff’s cause of action, is destroyed. A Court of Equity may order relief despite the sale in appropriate circumstances.
Graeme Clark SC – Confidential Information & trade secrets: When is a trade secret in the public domain?…