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ARTICLE · 21 JUNE 2018

How effective is the confidentiality clause in your email footer?

Madderns
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This recent decision is a cautionary tale about the effectiveness of generic confidentiality clauses in email footers.

AustraliaIntellectual Property
David Bey
David Bey
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A recently published decision by the Australian Design Office provides a cautionary tale about the effectiveness of generic confidentiality clauses in email footers.

Sun-Wizard Holding Pty Ltd v Key Logic Pty Ltd [2017] ADO 8

Key Logic (the owner of a registered design for a Sollar Bolard) had sent email correspondence (prior to filing a registered design application) containing representations of the design to a number of parties. Despite the emails including a generic confidentiality footer below the signature block, a Delegate found that the representations were not communicated in a way which imposed an obligation of confidence on the recipient, and were therefore considered published for the purpose of the Designs Act.

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