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Trade secrets

Contacts

Meet the team

Our lawyers appreciate that some of our clients’ most valuable intangible assets may not be amenable to patent, trade-mark or copyright protection. Whether it be proprietary know-how, secret formulae, patterns, devices or compilations of information, Norton Rose Fulbright in Canada can provide you with advice on how to protect, enforce and exploit your trade secrets and other confidential information.

“Excellent lawyers with a lot of experience” Chambers Global 2013

 

Our professionals can assist in the protection of your trade secret rights, including:

 

  • Identifying trade secrets – the identification of trade secret and other confidential information through an intellectual property (IP) audit or cataloguing initiative.
  • Maintaining the secrecy of confidential information - The ability to protect a trade secret is entirely dependent upon the owner’s ability to maintain its confidentiality, and we can assist you with advice on how to properly safeguard your trade secrets and other confidential information, such as through the use of physical and contractual means including confidentiality policies and restrictive covenants.
  • Exploiting your trade secrets - As valuable as your trade secrets and other confidential information are, we also understand that the success of your business may also depend on the use and exploitation of that information which requires its controlled disclosure to employees, consultants, third party suppliers, or potential business partners. Our integrated team of skilled professionals will provide you with advice from lawyers practicing in IP, employment and labour and business law and can assist you with the drafting of non-disclosure agreements.
  • Enforcing trade secret rights – Our IP litigators are ranked among the best in Canada. We provide offensive and defensive litigation strategies and representation at all levels of the Federal Courts, Provincial Courts and the Supreme Court of Canada. We are skilled in obtaining interlocutory injunctions, which can prevent or halt the misuse of proprietary information by others, and Anton Piller Orders, which help to preserve evidence through the seizure of confidential information from unauthorized persons.
  • International team – We provide global, seamless advice and fully understand the role of IP rights in the internationalization of businesses. Our offices throughout the world feature prominent lawyers who support our clients in the acquisition, protection and enforcement of IP rights. Our unique global footprint gives our team a privileged perspective on the international deployment of IP strategies.

Rankings and accolades

  • Chambers Canada, Nationwide: Intellectual Property (Band 1), Chambers and Partners, 2018
  • Chambers Global, Canada: Intellectual Property, Chambers and Partners, 2017
  • Legal 500, Canada: Intellectual Property, Legal 500, 2017

Select client work

  • Counsel in the leading authority on the application of the “inevitable disclosure” doctrine in Canada in ATI Technologies Inc. v. Henry, [2000] O.J. No. 4596.
  • Canadian counsel for Mattel Inc. in Mattel Inc. v. MGA Entertainment with respect to trade secret theft in connection with the Bratz line of dolls.
  • Acted for an innovator company in the field of global telecommunications in respect of a breach of confidence action.
  • Motion to obtain an Anton Piller Order in an action for the misappropriation of confidential software code.
  • Action for the misappropriation of confidential strategies for short-term futures trading.
  • Risk assessment opinions in connection with the launch of competing products.