1E9Ct5D

owner of a database right is normally theperson who has made this investment.The owner can prevent anyone else fromextracting or re-utilising a part of the contentsof the database. Database right lasts for fifteenyears from the date when the database wascompleted. Databases may also be protectedby copyright.7. Confidential informationThe confidential information of a business,such as know-how, has been described as itslifeblood. Many businesses rely on theirconfidential information as much as on anyintellectual property rights in order to give thema competitive advantage. Under English law, aduty of confidence arises if confidentialinformation is disclosed in circumstanceswhere the recipient has a duty (including aduty inferred from the circumstances) to keepthe information confidential.In view of the potential for disputes as to whathas been disclosed and the extent of therecipient’s duties, it is essential thatbusinesses that disclose confidentialinformation, such as customer lists or technicaldata, do so under the terms of a confidentialityagreement - also known as a non-disclosureagreement. It is important to note thatinformation that is not truly confidential (e.g.because it is trivial) cannot be protected. Inparticular, information that enters the publicdomain ceases to be protectable, although it isstill possible to claim damages for priorunauthorised disclosure if this happens.Information may cease to be protectable underthe law of confidence if too many disclosuresare made.PAGE 29