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In Canada, trade secrets are generally considered to include information set out, contained or embodied in, but not limited to, a formula, pattern, plan, compilation, computer program, method, technique, process, product, device or mechanism; it may be information of any sort; an idea of a scientific nature, or of a literary nature, as long as they grant an economical advantage to the business ...
Additionally, there must be some element of secrecy. Matters of public knowledge or of general knowledge in an industry cannot be the subject-matter of a trade secret. [11] While most areas of Canadian intellectual property law are within the purview of Parliament and the Federal government, the Supreme Court of Canada ruled in MacDonald v
In general, trade secret misappropriation occurs when someone improperly acquires, discloses, or uses a trade secret without the trade secret holder's consent. [ 36 ] [ 37 ] [ 38 ] Common scenarios include former employees taking proprietary data to a new employer in violation of non-disclosure agreements (NDAs), espionage, or unauthorized ...
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Canadian trademark law provides protection to marks by statute under the Trademarks Act [1] and also at common law. Trademark law provides protection for distinctive marks, certification marks, distinguishing guises, and proposed marks against those who appropriate the goodwill of the mark or create confusion between different vendors' goods or services.
The Security of Information Act (French: Loi sur la protection de l’information, R.S.C. 1985, c. O-5), [1] formerly known as the Official Secrets Act, is an Act of the Parliament of Canada that addresses national security concerns, including threats of espionage by foreign powers and terrorist groups, and the intimidation or coercion of ethnocultural communities in and against Canada.