Information about the source of a product, even if kept confidential by the employer, may not be protectable after employment ends if it cannot realistically be separated from the employee's general know-how in the relevant industry. The test for whether an implied contractual duty of good faith survives termination of employment is one of necessity for the effective operation of the contract. The concept of 'trade secret' has different meanings depending on whether it is used in the context of equitable obligations of confidence, validity of restrictive covenants, express contractual terms, or implied terms, and must be applied with consciousness of the particular legal context. Use of information in breach of an equitable obligation of confidentiality constitutes 'improper use' under s 183 of the Corporations Act 2001 (Cth), but where no equitable breach is established, s 183 has no application.
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