Many enterprises and organizations need to be able to demonstrate Intellectual Property rights over trade secrets or proprietary data. Yet since trade secrecy or confidentiality rights are, in Canada, based in the common law, how can you go about making them? This post discusses what systems can be put into place to reasonably ensure real-world access control over privately held information, and how implementing such a system leads to establishing enforceable rights.
Confidential information and trade secrets are legally protectable. This triggers liability for illicit use or disclosure, and backstops the rights holder’s ability to act as the gatekeeper or “owner” controlling the terms for lawful access. We explore how Canadian law assesses what information may support such legally enforceable rights.