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Trade secrets include any business information that has commercial value derived from its secrecy. Trade secrets can be very valuable to you, whether you have developed new technology, designed original products, created the perfect recipe or amassed a gold mine of customer data.
Securing your trade secret. There is no formal application or registration process for trade secrets in Canada. You should consider different ways to keep your valuable business information secret, including: non-disclosure or confidentiality agreements; confidentiality clauses in employment agreements; encryption; password protection; lock and key
What is trade secret infringement? There is no unified statutory regime in Canada to regulate the protection and enforcement of a trade secret. Courts considering whether information is a trade secret, whether an action involves the misuse of a trade secret and how to compensate an owner of a trade secret for its misuse look at factors ...
Jun 1, 2022 · Chambers and Partners Trade Secrets 2022 provides the latest legal information on the duration of protection, criminal liability, extraterritoriality, misappropriation, industrial espionage, initiating a lawsuit, the trial process, remedies, appeals and alternative dispute resolution (ADR).
In all the provinces but Quebec, trade secrets are governed by the common law, ultimately derived from the English common law as interpreted and applied in Canada. The Canadian definition of trade secret is based on Canadian case law and doctrine, and also draws on American and English case law.
May 25, 2012 · Unlike patents or trademarks, a trade secret is a type of intellectual property for which the holder does not seek registration or a grant from the Canadian Government. Currently, no province in Canada has enacted any special trade secret legislation.
Jun 1, 2022 · Background on trade secret enforcement in Canada. Enforcement of trade secret (or confidential information) rights in Canada is, at the provincial level, through an applicable provincial civil court system.
Jan 22, 2019 · There is no Trade Secrets Act or equivalent statute in Canada. Trade secret law is instead based on common-law principles enforced through common-law torts, such as of breach of confidence or breach of fiduciary duties.
Feb 25, 2022 · There is currently a push by many Canadian businesses, entrepreneurs and innovators for the passing of a Federal Canada Trade Secrets Act. With Canada’s vitally important AI-sector and the fact that trade secrets are a powerful tool for protecting AI-related innovations, protection is key.
