Share on LinkedInShare on LinkedIn

VIDEO · 22 JANUARY 2021

Video: Protecting Your Digital Assets

Torys
Torys
Contributor
Torys

Torys

Torys LLP is an international business law firm that works with clients who expect the best advice...

View firm profile
Explore more from Torys

What are the benefits and risks of relying on patent or trade secret protection for your technology? In our latest discussion, members of our intellectual property protection team

CanadaIntellectual Property
Teresa Reguly
Teresa Reguly
Tasha De Freitas
Tasha De Freitas
Author LinkedIn connections

What are the benefits and risks of relying on patent or trade secret protection for your technology? In our latest discussion, members of our intellectual property protection team, Teresa Reguly and Tasha De Freitas, break down the fundamentals of confidential information, trade secret and patent protection, including:

  • an overview on the important differences between confidential information, trade secret and patent protection;
  • the benefits and challenges of confidential information, trade secret and patent protection; and
  • considerations to keep in mind when choosing a certain type of IP protection.

Watch the discussion below for everything founders need to know to kickstart their IP protection strategy.

self

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

View source

Related Articles

Read more about

Related Comparative Guides

See more popular content from

Article

A KTEP Ahead: Canada's New Mechanism For Advanced Examination Of Patent Applications

For a Canadian patent application to be examined, an applicant must file a request for examination with the Canadian Intellectual Property Office (CIPO). In most cases, the order in which applications are examined is based on the order that the requests for examination are received. An applicant may be able to accelerate examination of their patent application through several existing mechanisms, including advancing examination via special order, accelerating examination of applications related to green technology, and the Patent Prosecution Highway (PPH).
CanadaIntellectual Property
Smart & Biggar
Smart & Biggar
Article

Patenting Innovation In Data Centres: Protecting Configurations, Cooling Technologies, And The Green Advantage

The rapid expansion of data centre infrastructure has made these facilities a focal point for technological innovation and intellectual property investment. From server configurations to advanced cooling systems, the technologies deployed inside data centres represent significant R&D expenditure and competitive advantages. Patent protection offers operators and developers opportunities to safeguard innovations...
WorldwideIntellectual Property
Gowling WLG
Gowling WLG
Article

Recent TMOB Decision Shows That Sometimes, Establishing Use In A Section 45 Proceeding Is Straightforward

The Trademarks Opposition Board recently upheld a registration for the FRÜH & DESIGN trademark covering top fermented beers, demonstrating that clear evidence of use can successfully defend against section 45 proceedings. This decision illustrates how straightforward documentation of sales, distribution networks, and delivery records proved sufficient to maintain trademark protection in Canada.
CanadaIntellectual Property
Oyen Wiggs Green & Mutala
Oyen Wiggs Green & Mutala
Article

Understanding The Canadian Intellectual Property Office's Patent TermAdjustment (PTA) System

Canada's new Patent Term Adjustment system offers compensation for delays in patent issuance, but qualifying depends on meeting specific eligibility requirements and strategic prosecution decisions. Understanding how the CIPO's "chess clock" philosophy works and implementing key strategies like deferred examination and timely maintenance fee payments can significantly impact whether meaningful term adjustments are granted.
CanadaIntellectual Property
Calfee, Halter & Griswold LLP
Calfee, Halter & Griswold LLP
Article

What Evidence Of Use Is Required In A Section 45 Proceeding?

The Trademarks Opposition Board's recent ruling in Therrien Couture Joli-coeur v Oldcastle Building Products clarifies the evidentiary standards trademark owners must meet when responding to section 45 notices under Canada's Trademarks Act. This decision highlights critical distinctions between evidence of actual transfers versus mere advertising, and underscores the necessity of providing specific proof for each registered good to avoid expungement.
CanadaIntellectual Property
Oyen Wiggs Green & Mutala
Oyen Wiggs Green & Mutala
Article

Restoring Patent Priority In Canada

Canadian patent law provides mechanisms for restoring priority claims when applications are filed after the standard 12-month priority period expires. Understanding the specific requirements, timelines, and criteria for restoration across regular Canadian applications, PCT national phase entries, and international stage PCT applications can help applicants preserve earlier filing dates and avoid self-anticipation issues.
CanadaIntellectual Property
Gowling WLG
Gowling WLG
Article

Trademarks For Businesses - Part 3: Applying To Register A Trademark

Obtaining a trademark registration provides several benefits for businesses. Trademark registrations can help protect your rights and serve as assets that may be leveraged through licensing or used as collateral. However, obtaining a trademark registration in multiple jurisdictions can be a costly endeavour, and it can be difficult to prioritize where and when to seek registration to maximize protection.
CanadaIntellectual Property
Smart & Biggar
Smart & Biggar
Article

Landmark SCC Ruling Provides Clarity On Privative Clauses

The Supreme Court of Canada has delivered a landmark ruling declaring section 66 of the Conflict of Interest Act unconstitutional, fundamentally reshaping the boundaries between legislative authority and judicial oversight of administrative decisions. This unanimous decision addresses longstanding questions about the validity of privative clauses that restrict courts' ability to review findings by Parliament's ethics commissioner.
CanadaLitigation, Mediation & Arbitration
Torys
Torys
Article

Government Of Canada Makes Significant Changes To Energy Project Approvals Process

On September 3, the Government of Canada published amendments removing seven types of energy projects from the Physical Activities Regulations (the Project List) under the Impact Assessment Act (IAA). As a result, these types of projects will no longer be subject to the IAA but will continue to be regulated by the Canada Energy Regulator Act (CER Act) or applicable provincial environmental assessment regimes.
CanadaEnergy and Natural Resources
Torys
Torys
Article

US Federal Court Considers The Implications For Canadian Exempt Organizations Earning US Source Income Through An Intermediary Vehicle

The US Court of Federal Claims recently addressed a critical question for Canadian exempt organizations earning US-source income: can they rely on fiscal transparency rules to claim treaty benefits through investment vehicles? The court's ruling in The South Saskatchewan Community Foundation Inc. v. United States examines when charitable organizations may look through intermediary entities to access tax exemptions under the US-Canada tax treaty, with significant implications for cross-border investment
United StatesTax
Torys
Torys
Article

Keeping Your AI Disclosure Clean: “AI Washing” In The United States And Lessons For Canadian Issuers

In the first half of 2026, there have been more AI-related securities class action filings in the United States than in all of 2025, representing the highest number of such claims in the last five years1. Many of these class actions involve allegations of “AI washing”—a term used to describe issuers alleged to have exaggerated or misrepresented the role, capabilities, or impact of AI in their business.
WorldwideCorporate/Commercial Law
Torys
Torys
Article

Ontario Court Of Appeal Weighs In On The Bounds Of Solicitor-client Privilege

The Ontario Court of Appeal has ruled on the protection of lawyers' trust ledgers under solicitor-client privilege, addressing whether these financial records can be compelled in civil fraud proceedings. The decision examines the scope of the crime-fraud exception to privilege and whether it applies beyond criminal cases to civil matters involving allegations of fraudulent conduct and breach of court orders.
CanadaLitigation, Mediation & Arbitration
Torys
Torys
Article

Canada’s Merger Review Landscape: Longer Reviews, More Complexity, Increased Litigation, And Greater Deal Uncertainty

The amendments expanded the Competition Bureau’s ability to challenge mergers, and directed greater attention toward smaller and serial acquisitions. The practical result is an environment characterized by longer and more intensive merger reviews, increased scrutiny of transactions that fall below the notification thresholds, and greater willingness by the Bureau to litigate.
CanadaAntitrust/Competition Law
Torys
Torys
Article

Ontario Writes The Playbook: A New Framework For Data Centre Grid Connections

On August 13, Ontario released long-awaited details on how the province will regulate the connection of data centres to its electricity grid1. Titled the Data Centre Playbook (the Playbook), the proposed framework outlines how the province plans to evaluate large-scale data centres against the government’s objectives of driving economic growth, keeping Canadians’ data in Canada, and delivering benefits to local communities2.
CanadaEnergy and Natural Resources
Torys
Torys