Trade secrets and proprietary data are the oxygen for the modern information economy. Canadian entrepreneurs and knowledge workers alike should be aware of their legal rights in this area and ensure that they can enforce those rights where necessary. They must equally be mindful of the danger of inadvertently exposing themselves to liability by infringing upon another’s rights to a legally protected source of information.
Trade secret misappropriation often arises in the context of allegedly unfair competition or following businesses or individuals parting ways. It is also now common to see trade secret issues develop where licensing or service agreement relationships involve the sharing, collection, or development of data among different organizations or contractors. This situation can lead to a dispute regarding the ownership, use, and control over intangible assets that include information as a component.
We take pride in providing legal advice and audit services that will prevent trade secrecy issues from arising or ensure that legal rights to trade secrets and proprietary data can effectively be owned and enforced in Canada. We can advise on best practices and existing rights and obligations relating to past or future projects and for individual entrepreneurs and knowledge workers. For start-ups or more established businesses alike, we can assist in implementing systems that establish clear legal rights and manage risks relating to trade secrets and proprietary data.
Where necessary, we are experts in all forms of litigation relating to trade secrets and proprietary data and regularly act for both plaintiffs and defendants. This includes experience in the extraordinary remedies and court practices often engaged by trade secrecy disputes, including injunctions, Anton Piller orders, and preservation orders. Suppose a potential misappropriation of a trade secret has been detected. In that case, we recommend involving legal counsel at the earliest possible stage because the conduct of the initial investigation and legal response is crucial and often time-sensitive.