Published on: 09 August 2023 at 17:11 IST
Court: High Court of Bombay
Citation: Zee Telefilms Ltd. V. Sundial Communications Pvt. Ltd. (2003)
Honourable High Court of Bombay has held that the Law of Confidence is different from Law of Copyright. It is held that there can be no copyright of ideas or information as it is not practically possible to infringe any copyright to adopt or appropriate ideas of another or to publish information received from another. However, it is held that if the ideas or information have been acquired by a person under any circumstances such as confidential information then it would be a breach of good faith to publish them and the Court may grant injunction in such scenario.
It held that a Plaintiff in a breach of confidence action must address, viz. : (i) to identify clearly the information relied on; (ii) to show that it was handed over in circumstances of confidence; (iii) to show that it was information that could be treated as confidential; and (iv) to show that it was used, or threatened to be used, without his licence
10. The law of confidence is different from law of copyright. In paragraph 21.2 (page 721), the learned author has pointed out that right to restrain publication of work upon the grounds, that to do so would be breach of trust or confidence, is a broader right than proprietary right of copyright.
There can be no copyright of ideas or information and it is not infringement of copyright to adopt or appropriate ideas of another or to publish information received from another, provided there is no substantial copying of the form in which those ideas have, or that information has, been previously embodied. But if the ideas or information have been acquired by a person under such circumstances that it would be a breach of good faith to publish them and he has no just case or excuses for doing so, the Court may grant injunction against him.
The distinction between the copyright and confidence may be of considerable importance with regard to unpublished manuscripts/works submitted, and not accepted, for publication or use. Whereas copyright protects material that has been reduced to permanent form, the general law of confidence may protect either written or oral confidential communication. Copyright is good against the world generally while confidence operates against those who receive information or ideas in confidence………….
Drafted By Abhijit Mishra