CONFIDENTIALITY AGREEMENTS AND THE PROTECTION OF TRADE SECRETS: DOES IT HAVE TO BE ALL OR NOTHING?

STEVE KAPNOULLAS, BRUCE CLARKE

Abstract


[In Maggbury v Hafele, the High Court of Australia had to consider whether a perpetual restraint of trade clause in a confidentiality agree- ment was valid. The majority judgment, which refused to enforce the re- straint, has been subject to criticism that it potentially puts confidentiality agreements at risk and hinders innovation. In spite of the criticism the au- thors of this article argue that the High Court decision was correct and that Maggbury provides valuable lessons for those drafting confidentiality agreements and seeking to protect trade secrets.] 


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DOI: https://doi.org/10.21153/dlr2005vol10no2art294

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