Editing Trade secret (section)

=== Commonwealth nations ===

In [[Commonwealth of Nations|Commonwealth]] [[common law]] jurisdictions, confidentiality and trade secrets are regarded as an [[Equity (law)|equitable]] right rather than a [[property]] right.<ref>{{Cite book |last1=Radhakrishnan |first1=Rajagopalan |url=https://books.google.com/books?id=nEc8PtMOuzsC&dq=In+Commonwealth+common+law+jurisdictions%2C+confidentiality+and+trade+secrets+are+regarded+as+an+equitable+right+rather+than+a+property+right&pg=PA211 |title=Intellectual Property Rights: Text and Cases |last2=Balasubramanian |first2=Dr R. Radhakrishnan and Dr S. |date=2008 |publisher=Excel Books India |isbn=978-81-7446-609-9 |language=en}}</ref>

{{See also|Breach of confidence in English law}}

The [[Court of Appeal of England and Wales]] in the case of ''Saltman Engineering Co Ltd v. Campbell Engineering Ltd''<ref>''Saltman Engineering Co Ltd v. Campbell Engineering Ltd'', (1948) 65 P.R.C. 203</ref> held that the action for breach of confidence is based on a principle of preserving "good faith".

The test for a cause of action for breach of confidence in the [[common law]] world is set out in the case of ''Coco v. A.N. Clark (Engineers) Ltd'':<ref>''Coco v. A.N. Clark (Engineers) Ltd'', (1969) R.P.C. 41 at 47</ref>

* The information itself must have the necessary quality of confidence about it;
* That information must have been imparted in circumstances imparting an obligation of confidence;
* There must be an unauthorized use of that information to the detriment of the party communicating it.

The "quality of confidence" highlights that trade secrets are a legal concept. With sufficient effort or through illegal acts (such as breaking and entering), competitors can usually obtain trade secrets. However, so long as the owner of the trade secret can prove that reasonable efforts have been made to keep the information confidential, the information remains a trade secret and generally remains legally protected. Conversely, trade secret owners who cannot evidence reasonable efforts at protecting confidential information risk losing the trade secret, even if the information is obtained by competitors illegally. It is for this reason that trade secret owners shred documents and do not simply recycle them.{{Citation needed|date=August 2007}}

A successful plaintiff is entitled to various forms of [[judicial relief]], including:

* An [[injunction]]
* An [[account of profits]] or an award of [[damages]]
* A [[Declaration (law)|declaration]]

[[Hong Kong]] does not follow the traditional commonwealth approach, instead recognizing trade secrets where a judgment of the High Court indicates that confidential information may be a property right.<ref>{{cite web |title=Trade Secrets (Undisclosed Commercial Information) |url=https://www.ipd.gov.hk/eng/intellectual_property/trade_secrets.htm |website=Intellectual Property Department |publisher=The Government Of Hong Kong Special Administrative Region |access-date=7 September 2020}}</ref>