Ascertaining the Dimensions of a Reasonable Restraint of Trade in an Intellectual Property Context
AbstractA fundamental issue that arises when there is a confidentiality agreement in existence between an inventor and a prospective financier or manufacturer is: what is a reasonable restraint of trade in an intellectual property context? This paper explores that issue in the context of the decision by the High Court of Australia in the case of Maggbury v Hafele. The paper proceeds by (1) examining the commercialisation process which occurred in Maggbury, and (2) undertaking a critical analysis of the Court's decision with particular focus on the Court's treatment of the interface of various policy considerations. Finally (3) this paper concludes with the lessons that inventors can take from the High Court's decision in Maggbury. |