C onfidential information is information disclosed in a relationship of confidence, where that information is not otherwise publicly available. Relationships where an obligation of confidence is imposed include that between employer and employee, lawyer and client, and many business relationships.
Confidential information is also known as “know how” or trade secrets. It includes commercial secrets, personal secrets, artistic secrets and state secrets, and may possibly include formula, businesses processes, price lists
and customer lists.
Although not strictly considered property, confidential information is often positioned alongside intellectual property because similar to IP, you can control access to confidential information, and license its use or transfer it to another person.
An action for a breach of confidence may result in an injunction and damages or an account of profits.
For specific advice regarding your situation, please contact McIntoshIP for more information.