Testing the limits of confidentiality—when does use become misuse? (Illiquidx Ltd v Atlana Weal...
Information Law analysis: This was a High Court case involving issues of confidentiality, trade secrets and copyright. It centred around two firms who had entered into a non-disclosure agreement (NDA) and subsequently embarked on a joint venture to set up an investment fund. Following the breakdown of the business relationship, one of the firms, Atlana, set up its own fund which was very similar to the one envisaged under the joint venture. The High Court ruled that in setting up its own fund, Atlana had breached the terms of the NDA by misusing confidential information and in turn had also infringed trade secrets. The judgment reinforces the importance of precise drafting in NDAs and provides clarifications around the meaning of information being in the public domain. It also emphasises the importance of originality when establishing copyright infringement, particularly in the context of business presentations and other materials which may be more difficult to prove. Written by Marija Nonkovic, associate at Kemp IT Law LLP.