Trade Secrets

Version 1.1 by Joseph Potvin on 2014/02/04 00:08

The legal concept of "trade secret" refers to any information of value to a business that:
(a) is not publicly available or otherwise generally known within the relevant industry or trade; and
(b) is treated as secret or confidential at all times by its owner, who has taken steps to protect it.

A third party who obtains confidential information illegally or in confidence may be prevented from using or disclosing the trade secret, and may have to compensate the owner of the confidential information for using it without permission.

In each country, the allocation of national vs. state/provincial/departmenal jurisdiction over Copyright Law, Patent Law and Trade Secrets Law is handled differently.

For example, in Canada: "Paradoxically, the protection conferred by law on trade secret holders appears to be a complex matter in Quebec as well as in Canada. Not only do the governing rules tend to be difficult to define, but the ambit of the protection conferred by such rules and the likelihood of success of the remedies available remains unclear and unpredictable."_ ("The Law of Trade Secrets in Quebec and in Canada - A Pragmatic Approach" http://www.fasken.com/files/Publication/b0248faa-dbad-44d0-b7d5-2ccb1574d5bb/Presentation/PublicationAttachment/4ea8c215-b6b7-48df-b3f7-39a19bcc9484/The_law_of_trade_secrets_in_quebec_and_in_canada.pdf )

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