First Reference company logo

Inside Internal Controls

News and discussion on implementing risk management

machine cogs image

trade secrets

Protecting trade secrets when employees depart

Several recent court cases in the United States focus on the misappropriation of trade secrets by employees departing technology companies. These high profile American cases are a reminder that Canadian companies face the same issues.

 

, ,

Protecting trade secrets using non-disclosure agreements

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.

 

, , , , , , , , , , , , , ,