Confidentiality and know-how disputes are common with disgruntled employees, when collaborations go wrong and through misuse of advertising pitches. The best protection is for there to be some form of Non Disclosure Agreement to be in place which details what the confidential information and know-how, who is can be disclosed to and for what purposes.
More commonly, information exists or is disclosed beyond the bounds of these agreements or there is no written agreement in place. In those cases, a claim may be brought on the basis of a spoken arrangement on the basis that the information or know-how is sufficiently valuable to be confidential and it has disclosed in circumstances where the requirement for confidentiality was expressed or would have been obvious to an onlooker.
In these circumstances, the disputes can be extremely detailed and fact heavy. By understanding ours clients' business we are able to guide through the often daunting fact gathering process. Working closely with our IP lawyers, we of provide considered legal and commercial advice in relation to the prospects of success, risks and implement a successful dispute resolution strategy.
We can also help you with preparing your NDA and commercial agreements to minimise the risk of a dispute arising. For help with your commercial agreements please see our specialist commercial disputes team.