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3 unusual facts about Trade secrets in Canada


Trade secrets in Canada

According to the Civil Code of Quebec, an action for breach of trade secrets or confidential business information generally arises either from a contractual liability action (article 1458) or, in the absence of a contract, from a civil liability action (article 1457).

The Civil Code of Quebec deals specifically with trade secrets in two articles (1472 and 1612); however, none of its provisions define the concept of trade secret.

According to Continental Casualty Company v. Combined Insurance Company (1967), the Quebec Court of Appeal decided that those who owned trade secrets (secrets de commerce) are entitled to seek protection and that Quebec courts are competent to grant remedies in the case the plaintiff can evidence its ownership of such trade secrets.



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