Confidentiality and Employment – what can I protect?

Introduction It is not uncommon to find confidentiality clauses in employment agreements that aim to protect the enterprise from misuse or theft of Confidential Information including Trade Secrets. The question is how effective these are. What is Confidential Information in Australian Law? Confidential Information (‘CI’) is largely a creature of contract or equity. We do […]

Can I copy that – Copyright Law and Defence?

Copyright and Defence There are some very interesting questions raised by the tech described in a recent article on printing of materials by Defence and some (possible) hurdles that the Department of Defence may have to overcome. On the other hand I can see some possible benefits for defence SME’s as well if tech like […]

Feeling a bit Purple? You may not be able to Trademark that….

Did you know that in certain (limited) circumstances you can trademark a colour? Colours can be used to differentiate products. In Australia, marketers and companies have shown interest in gaining trade mark protection for the use of some colours. Think Cadbury Chocolate. As with most trademarks, that use has to be on a commercial basis […]

Confidentiality to PIA or Not?

Something I’ve often been asked to advise on is what is the difference (or similarity) between Confidentiality Agreements, which is the normal term used in Australia and Proprietary Information Agreements, which is the term most used in the United States. The following is a summary only. Confidential Information (‘CI’) as its commonly called in Australia […]