Protecting and Exploiting New Technology and Designs by K. Hodkinson

By K. Hodkinson

The safety of highbrow estate rights has develop into a tremendous problem in recent times. The possibilities being seized, or misplaced, in components similar to software program or biotechnology have captured many of the headlines yet in each learn facility, regardless of the topic, there's an elevated knowledge of the significance to R & D administration of a extra advertisement angle. Keith Hodkinson has run govt subsidized "professional updating" classes for tutorial and commercial researchers and enterprise executives. the sensible questions raised there and the recommendation stumbled on most beneficial have all helped to make this consultant a down-to-earth resource of support for you to be of rapid, ecocnomic use to its readers. Appendices to the publication in addition to giving lists of helpful names and addresses to touch additionally comprise examples of draft letters, contracts and list varieties and licensing negotiating checklists.

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3 Public interest It can be argued that certain information is of such a character that there is a public interest in its disclosure. The usual example cited is the inventor who claims to have discovered a cure for cancer but who will not disclose it. Should another who receives the information in confidence be able to disclose it? It has been said in an English case that the public interest could never justify the disclosure in breach of confidence of a valuable chemical formula. But such questions do raise grave questions.

2 Visitors’ books It is good practice to maintain a visitors’ book signed by anyone entering the firm’s premises—and not just selected security zones. This book should contain a prominent notice which the visitors see before signing, whereby they acknowledge the obligation of confidence upon them in respect of information they may acquire in the course of the visit. A model notice appears in the appendices. For legal purposes this is useful in so far as it expressly imposes the obligation of confidence on visitors.

Most consultants too or senior staff with some professional expertise will be placed in a fiduciary category by the courts. Such consultants, particularly business strategy consultants but also trouble-shooting technical advisers, are increasingly common means of introducing expertise into a company. The company may well need to provide confidential information to consultants to enable them to do their job. This raises little difficulty. But that information not known to the company but discovered by the consultants for the company in the course of their performance of the task allotted to them may cause more difficulty.

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