Is that the sound of your Intellectual Property disappearing?
Troy Wild and John-Anthony Hodgens of Gadens report on a recent New South Wales Court of Appeal decision of Del Casale & Ors v Artedomus (Aust) Pty Limited [2007] NSWCA 172, which has highlighted more than ever the importance for employers to protect their confidential information with clear and concise contractual provisions. According to Troy Wild and John-Anthony Hodgens, in the absence of a contractual provision specifically relating to maintaining confidentiality, employers are reliant on both the duty of good faith as an implied term in an employment contract, and the duty of confidentiality, which is an obligation arising under equity or through the Corporations Act 2001 (Cth), where applicable.
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