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Introduction to Commercial Law

 

Instructions

You are employed as company secretary and general counsel for Veronica Airlines. The CEO has read the following recent article in the newsDISSERTATION concerning a competitor, Qantas, and its dispute with an employee Lucinda Holdforth:
http://www.abc.net.au/news/2015-06-24/qantas-moves-to-block-lucinda-holdforth-memoirs-over-secrets/6569642
The CEO has asked you to prepare a DISSERTATION for the board of directors which outlines the ways in which Veronica Airlines might seek to legally protect its confidential information including trade secrets from disclosure or exploitation by employees or former employees.
In your DISSERTATION you should outline the laws relating to the protection of confidential information in the context of employers and employees andanalyse the strengths and weaknesses of the current legal regime in this regard.
Are there any recommendations you would make about terms which should be included in employee contracts in the future to provide better protection in this regard?
You should refer, where applicable, to cases, legislation and/or journal articles to support and illustrate your points.
Note that you only need to consider the protection of confidential information for which the company does not hold patents or trade marks.Note also that you do not need to discuss protection provided by defamation law.
In addition to material already covered in the course refer to chapter 21 of the text on intellectual property for background on this topic.

 

 
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