Coco v AN Clark (Engineers) Ltd

A claim for breach of confidence requires information with the necessary quality of confidence, imparted in circumstances importing an obligation of confidence, and unauthorised use of it to the detriment of the confider.

Citation
[1969] RPC 41
Court
Chancery Division
Year
1969
Subject
Intellectual Property Law
Topic
Breach of confidence and trade secrets

Facts

Mr Coco designed a moped engine, and had discussions with Clark, an engineering company, about manufacturing it together, during which he gave them details of the design. The discussions broke down, and Clark then produced its own moped engine, which Mr Coco claimed was based on the information he had given. He sought an interim injunction for breach of confidence.

Legal principle

Megarry J refused the injunction, because Mr Coco had not shown that Clark had used confidential information. He set out three elements of a claim for breach of confidence: first, the information itself must have the necessary quality of confidence about it; second, that information must have been imparted in circumstances importing an obligation of confidence; and third, there must be an unauthorised use of that information to the detriment of the party communicating it. He said that, where information is given in a business context for a limited purpose, the recipient is likely to be bound by an obligation of confidence. These elements remain the basis of the action for breach of confidence.

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