Title: Protecting and licensing trade secrets and know-how under Canadian law

Authors: G. Ronald Bell

Addresses: Senior Partner, Bell and Arkin, Ottawa, Canada

Abstract: The requirement to protect new and sophisticated technological developments which are inappropriate for patent protection has increased the need to understand, protect and licence, where possible, trade secrets and know-how. This paper reviews and restates Canadian law and practice on this subject. Although defying strict legal definition, various understandings of the meaning of the terms trade secret and know-how are described, together with an outline of the legal basis for protecting trade secrets. The author supports the possessors of both commercial and industrial trade secrets in ensuring that those who are made privy to those secrets are regulated by the terms of carefully prepared, legally enforceable agreements. The subject-matter contained in licences, the rights granted therein, confidentiality understandings, royalty recovery and possible restrictions in licence agreements are also considered.

Keywords: licensing; trade secrets; know-how; patents; licence agreements; confidentiality; Canadian law; Canada; protection; royalty recovery.

DOI: 10.1504/IJTM.1988.025959

International Journal of Technology Management, 1988 Vol.3 No.1/2, pp.105 - 121

Available online: 26 May 2009 *

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