James & Wells - Intellectual Property

Expertise > Enforce

Confidential Information and Trade Secrets

Maintaining confidentiality of information and trade secrets is critical to maintain competitive advantage. If you discover confidentiality has been broken or a secret leaked we can help you. We can also assist you to implement procedures to minimise the risk of such leaks.

Protecting confidential information and trade secrets

Confidential information and trade secrets are valuable commercial assets.

Protection starts with having robust in-house procedures for identifying and securing confidential information, and for educating employees and visitors as to their obligations in respect of it.

Protecting confidential information is particularly important if you intend to seek patent or registered design protection. Patents and registered designs cannot be obtained for products or processes which have been publicly disclosed (even if unwittingly).

What we can do for you

We can:

  • Assist you to identify confidential information and trade secrets
  • Review in-house procedures, employment and third party agreements for the protection of confidential information and trade secrets
  • Provide confidentiality agreements for your interactions with third parties, such as collaborators, licensees, and investors
  • Provide advice in relation to the enforcement of confidentiality clauses in commercial agreements
  • Notify others of your rights in confidential information or trade secrets and how they may be in breach of those rights
  • Advise you on allegations of breaches of confidence
  • Prosecute or defend court proceedings concerning allegations of breaches of confidence

Want more information?

For further information on identifying and protecting confidential information and trade secrets, contact our Commercialisation team.

For further information on resolving a dispute concerning a breach of confidence or trade secret, contact our Litigation team.



The Commercialisation Team is headed by partner Simon Rowell, who is experienced in cross-border IP deals, particularly in the area of high-tech agricultural technology, animal health, life sciences (including plant varieties) and clean technology.

Contact Simon for commercialisation advice:

Simon Rowell


The Litigation Team is based in the firm's Auckland Office and is headed by partner Ian Finch. Ian is recognised nationally and internationally as an expert in IP litigation.

Contact our litigation experts:

Ian Finch

Katrina Crooks

Claire Deeks

Ben Cain