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Journal of Intellectual Property Law & Practice 2006 1(6):380-382; doi:10.1093/jiplp/jpl047
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© The Author (2006). Published by Oxford University Press. All rights reserved

Current Intelligence

Shopping and fishing: where claims of confidentiality meet demands for disclosure

Larry Cohen
Partner, Mcdermott Will & Emery UK LLP

Where a public interest defence is raised, for example by a newspaper, to rebut an assertion by a claimant alleging breach of confidence, and the defence is not purely speculative, the claimant has to give disclosure in relation to the defence, subject to the search for documents not being disproportionate.


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