Confidential information and trade secrets arising from University research: Time for greater clarity?

Abstract

This article considers the law of confidential information and trade secrecy as it applies to university researchers. It outlines the statutory and policy framework for university research activity and the commercialisation of that research, reviews the relevant civil and criminal law that protects confidential information and trade secrets, and reviews the approach taken to confidential information in the provisions of publicly available New Zealand university intellectual property policies. The article concludes that there is considerable uncertainty about the obligations of researchers and argues that greater clarity would benefit all parties. It proposes that, for staff working on specific projects, employment contracts should provide for clear identification of information to which an obligation of confidence arises, and the nature of that obligation. In addition, it proposes that universities review intellectual property policies in order to clarify claims made to confidential information and the obligations applying to staff.