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ARTICLE · 12 APRIL 2024

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Native Extracts v Plant Extracts: essential elements of confidential information claims

Piper Alderman
Piper Alderman
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Piper Alderman

Piper Alderman

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Businesses need to take care in ensuring sufficient measures are taken to secure confidential information.

AustraliaIntellectual Property
Tim O’Callaghan
Tim O’Callaghan
Travis Shueard
Travis Shueard
Zara Cox
Zara Cox
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The recent decision of Native Extracts Pty Ltd v Plant Extracts Pty Ltd (No 2) [2024] FCA 106 highlights the importance for a business to exercise particular caution when sharing information that it wishes to protect confidentially.

While Native Extracts considers several claims, the decision does emphasise that the value in confidential information is the protected confidence of the information from disclosure to the public, and it is this imported secrecy which must be clear to any potential misusers.

Background & Material Facts

Ms Lisa Carroll and Mr Ross Macdougald commenced a relationship in late 2011.1 At the time, Mr Ross Macdougald was a director of FPI Oceania Pty Ltd (FPI).2

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