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Practices

Trade Secrets & Data Security

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Our multidisciplinary team leverages a unique combination of experience in intellectual property and cybersecurity strategy to ensure that your trade secrets remain protected. We combine extensive knowledge and experience to advise clients across industries on how to identify, protect and enforce their trade secrets to stay ahead of the competition.

A trade secret is commercially valuable information that retains its value as long as it remains secret. Trade secrets give an individual or business an edge over their competitors and offer an alternative form of legal protection to assets that are not covered by patents, copyrights or industrial designs. At Fasken, we provide business-oriented advice to help clients develop a trade secret strategy that centers on their commercial goals. Our IP team is regularly recognized by Chambers & Partners, Canada’s Best Lawyers, WIPR World Leaders, and IP Stars

Like all valuable assets, trade secrets need to be secured against unauthorized disclosure. The rise of cyberattacks, including state-sponsored, pose a growing threat to trade secret confidentiality, as do criminal and industrial cyberespionage. Our team includes cybersecurity practitioners and lawyers with law enforcement experience to assist you every step of the way, from advising on how to shore up your security against cyber attacks, through investigating potential trade secret theft, to responding to leaks, attacks or breaches.

Our team also features some of the top IP and commercial litigators in the country and has received accolades from Lexpert and Benchmark Canada. We regularly help clients enforce their rights, leveraging our deep knowledge and experience in complex litigation, injunctions and extraordinary remedies for trade secret enforcement.

In Canada, unlike other jurisdictions, there is no statutory protection for trade secrets. Companies doing business in Canada must therefore take all possible measures to maintain the secrecy of their commercial information in order to benefit from trade secret protection. Whether your interests are local or international, our team has the experience you need to ensure your intangible assets are fully protected.

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