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ARTICLE · 19 JANUARY 2018

La Protection Des Secrets Commerciaux À La Suite Du Départ D'Employés Clés

Gowling WLG
Gowling WLG
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Gowling WLG

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Workforce mobility is constantly on the rise and it reminds employers that, in many cases, their employees' know-how figure among their company's most significant assets.

CanadaIntellectual Property

Workforce mobility is constantly on the rise and it reminds employers that, in many cases, their employees' know-how figure among their company's most significant assets. This realization is accompanied by an important consideration, namely that employers must constantly remember that their company could suffer should an employee choose to leave them and work for a competitor.

Indeed, the times when employees refrained from joining the ranks of a competitor by virtue of their unfailing loyalty toward their employer are long gone. Workforce mobility has now gone from the exception to the norm, and employers must consequently manage and protect their trade secrets.

Courts have recognized the fundamental value of the corporate assets that are trade secrets, as well as the corollary obligation of employees to respect their confidential nature.

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