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ARTICLE · 16 AUGUST 2022

What's The Secret To Protecting Trade Secrets?

Gowling WLG
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In technical terms, a trade secret is a form of intellectual property pertaining to information that is commercially valuable. Why? Well, by virtue of the fact that it's secret.

CanadaIntellectual Property
Madison MacColl
Madison MacColl
Anita Nador
Anita Nador
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In technical terms, a trade secret is a form of intellectual property pertaining to information that is commercially valuable. Why? Well, by virtue of the fact that it's secret.

Valuable, secret information can take many forms. For example: the formula for Coca Cola's signature beverage, or the fabled "Original Recipe" of Kentucky Fried Chicken (KFC). It could apply to anything, really, including a manufacturing process, a method for doing business, research projects, business plans, source codes, and even algorithms. The list is potentially endless.

In order to maintain inherent value in the information, the secret has to be safeguarded and reasonable IP security measures need to be taken. How does one do that? Unlike other forms of IP, such as patents, trademarks, designs, or copyright, there is no searchable registry of trade secrets. Although many countries have laws outlining how misappropriation of trade secrets is a crime, enforcement can be a long and

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