24 December 2005

IP/it Update: New Articles and Case Notes

I have managed to update and upload two articles and two case notes from the old chambers site. The articles are on:
- Ocular Sciences where Mr Justice Laddie rammed home the distinction between the obligation of confidence to which some employees might become subject in the course of their work and the contractual and fiduciary duty to advance his employer's interests that all employees owe to their employer (Case Note: Ocular Sciences v Aspect Vision Care Have Faccenda's Chickens had their Chips?); and
- the distinction between the duty of confidence and fiduciary duty as originally discerned by the Canadian Supreme Court in Lac Minerals Ltd. v. International Corona Resources Ltd., [1989] 2 S.C.R. 574, 1989 CanLII 34 (S.C.C.) and developed by the Privy Council in Arklow Investments Ltd and Another v. I.D. Maclean and Others (New Zealand) [1999] UKPC 51 in "How far does an Obligation of Confidence overlap with Fiduciary Duty?"
All are important cases but for some reason or other they are not cited all that often. Ocular Sciences is important is important for design rights as well as confidence.

The two cases notes are on Wallace Bogan v Gove and Bunn v BBC. The former is on departing solicitors and contains many practical tips. The latter has a human rights dimension.

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