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ARTICLE · 07 NOVEMBER 2019

Strengthening Trade Secret Protection In Canada

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Staying a step ahead of competitors is key in innovative technology and life sciences industries. A minority of innovations are protected by patents

CanadaIntellectual Property
Noel Courage
Noel Courage
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Staying a step ahead of competitors is key in innovative technology and life sciences industries. A minority of innovations are protected by patents, which provide a time limited monopoly to exploit an invention, in return for publicly disclosing it. Many advancements are kept as trade secrets, meaning they are not disclosed at all. Trade secrets can include either business information or technical information. The hallmarks of a trade secret are that (a) it is not generally known, (b) it has commercial value because it is secret, and (c) measures are taken to keep it secret. 

This article provides a brief view of the Canadian landscape for trade secret protection, and potential for legislation to strengthen trade secret protection.

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