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Trade secrets in Canada
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 and improve its value. 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.
== Purpose ==
Trade secrets are a type of intellectual property that consists of certain information, expertise or knowhow that has been developed or acquired by firms. This knowledge frequently gives firms their competitive edge in the market and it has to be kept as a secret.
In Canada any information that a firm or its employees produces or acquires for the purpose of the firm’s business can constitute confidential information that courts are willing to protect. All that is required is that the creator of the information “has used his brain and thus produced a result which can be produced by somebody who goes through the same process”.〔''Salman Engineering Co. Ltd v. Campbell Engineering Co. Ltd.'' (1948), () 3 All E.R. 413 at 415 (C.A.).〕
According to ''Seager v. Copydex Ltd'',〔''Seager Limited v Copydex Limited'', () 2 All ER 415〕 courts will even act to protect a comparatively underdeveloped idea from misappropriation. However, information may stop being confidential and confident may be released from its obligations of confidence if the information subject to confidence is later publicly disclosed by the confider or a third party.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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