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ARTICLE · 03 OCTOBER 2008

Protecting Business

It is now increasingly important to take proactive steps as an employer to protect your business interests in situations where former employees set up in competition with your business. Given the unprecedented value of confidential information and intellectual property, these disputes can mean the difference between success or failure of your commercial venture.

AustraliaEmployment and HR

It is now increasingly important to take proactive steps as an employer to protect your business interests in situations where former employees set up in competition with your business. Given the unprecedented value of confidential information and intellectual property, these disputes can mean the difference between success or failure of your commercial venture. 

Confidential Information

All employees owe their employer a duty to maintain the secrecy of all the employer's "confidential information" obtained during the course of their employment. This is a duty implied by the law into all employment contracts (unless the duty is expressly removed by way of a written contract). However, the duty extends only to "confidential information" which would be regarded as essentially a trademark secret of the employer. It may not extend to what is commonly thought to be "confidential" information. For example, the fact that your business may keep a client database or

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