confidentiality agreement
April 10, 2017 Occasional Contributors Business and Legal Issues, Competition, Corporate Administration, Corporate Governance, Finance and Accounting, Intellectual Property, IP, Leadership and Management, Records Management and Retention, Sales, Marketing and Operations
In Canada, the issue of whether an NDA may be an unenforceable restraint of trade has been explored in the employment law context, however, there has been very little discussion as to whether an NDA could be considered a restraint of trade in transactions between two or more businesses. There has also been little discussion in Canada as to the distinction between trade secrets and ordinary confidential information. As such, US case law may provide some guidance.
Access to Information Act, Confidential information, confidentiality agreement, DB Riley Inc v AB Engineering Corp, Di Giacomo v. Di Giacomo Canada Inc., Merck Frosst Canada Ltée c Canada (Ministre de la Santé), NDA, non-disclosure agreement, prima facie, Silicon Image Inc v Analogk Semiconductor Inc., trade secret, trade secret information, trade secret protection, trade secrets, Uniform Trade Secrets Act
