Tuesday, July 3, 2018

No Formal Process for Protecting a Trade Secret in Canada ?!?!

Canada - At the annual Uniform Law Conference of Canada in 1989, there was proposed legislation drafted that was called the Uniform Trade Secrets Act.

It provided for potential civil remedies against anyone who acquired a trade secret improperly, including through commercial espionage or electronic means. Courts could grant injunctions, award damages and determine who could make future use of the trade secret.

The proposed legislation was put forward one year after the Supreme Court of Canada issued its ruling in R. v. Stewart on the issue of whether “confidential information” can be the subject of theft under the Criminal Code. The court, in a unanimous decision, concluded that it could not, since confidential information on its own is not property...

Three decades later, there are still no criminal offences specific to this area and the Uniform Trade Secrets Act was never enacted into law by any province. In fact, the current website of the federal Canadian Intellectual Property Office states flatly that there is “no formal process” for protecting a trade secret. more

Meanwhile... Australia has passed new laws to get tough on spying. more