Criminal Enforcement of Trade Secret Theft: Strategic Considerations for Canadian SMEs
Many innovative small and medium enterprises (SMEs) face unique challenges in protecting their intellectual property (IP). Potential theft of trade secrets is a key feature of these challenges, which arises often in the context of disputes related to employee mobility. Despite the risks these challe...
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| Format: | Article |
| Language: | English |
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Carleton University
2020-11-01
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| Series: | Technology Innovation Management Review |
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| Online Access: | https://timreview.ca/timreview.ca/article/1402 |
| _version_ | 1818825528524668928 |
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| author | Matt Malone |
| author_facet | Matt Malone |
| author_sort | Matt Malone |
| collection | DOAJ |
| description | Many innovative small and medium enterprises (SMEs) face unique challenges in protecting their intellectual property (IP). Potential theft of trade secrets is a key feature of these challenges, which arises often in the context of disputes related to employee mobility. Despite the risks these challenges pose, SMEs often confront significant resource barriers in protecting themselves from trade secret theft. The passage of a recent criminal law by the Canadian federal government, section 391 of the Criminal Code, creates a powerful new tool for innovative SMEs to report, investigate, and prosecute theft of trade secrets. It also comes with specific considerations and risks that innovative SMEs should examine and contemplate. This article explores strategies for SMEs in Canada to use section 391 to protect their trade secrets, navigate the legal environment during theft of a trade secret, and remediate such theft. |
| first_indexed | 2024-12-19T00:13:12Z |
| format | Article |
| id | doaj.art-88e443e618f24c0e8152497fde97c11c |
| institution | Directory Open Access Journal |
| issn | 1927-0321 |
| language | English |
| last_indexed | 2024-12-19T00:13:12Z |
| publishDate | 2020-11-01 |
| publisher | Carleton University |
| record_format | Article |
| series | Technology Innovation Management Review |
| spelling | doaj.art-88e443e618f24c0e8152497fde97c11c2022-12-21T20:45:57ZengCarleton UniversityTechnology Innovation Management Review1927-03212020-11-0110114046http://doi.org/10.22215/timreview/1402Criminal Enforcement of Trade Secret Theft: Strategic Considerations for Canadian SMEsMatt Malone0 McGill University Many innovative small and medium enterprises (SMEs) face unique challenges in protecting their intellectual property (IP). Potential theft of trade secrets is a key feature of these challenges, which arises often in the context of disputes related to employee mobility. Despite the risks these challenges pose, SMEs often confront significant resource barriers in protecting themselves from trade secret theft. The passage of a recent criminal law by the Canadian federal government, section 391 of the Criminal Code, creates a powerful new tool for innovative SMEs to report, investigate, and prosecute theft of trade secrets. It also comes with specific considerations and risks that innovative SMEs should examine and contemplate. This article explores strategies for SMEs in Canada to use section 391 to protect their trade secrets, navigate the legal environment during theft of a trade secret, and remediate such theft.https://timreview.ca/timreview.ca/article/1402confidential informationcriminal laweconomic espionageenforcementsmall and medium-sized enterprisestrade secrets |
| spellingShingle | Matt Malone Criminal Enforcement of Trade Secret Theft: Strategic Considerations for Canadian SMEs Technology Innovation Management Review confidential information criminal law economic espionage enforcement small and medium-sized enterprises trade secrets |
| title | Criminal Enforcement of Trade Secret Theft: Strategic Considerations for Canadian SMEs |
| title_full | Criminal Enforcement of Trade Secret Theft: Strategic Considerations for Canadian SMEs |
| title_fullStr | Criminal Enforcement of Trade Secret Theft: Strategic Considerations for Canadian SMEs |
| title_full_unstemmed | Criminal Enforcement of Trade Secret Theft: Strategic Considerations for Canadian SMEs |
| title_short | Criminal Enforcement of Trade Secret Theft: Strategic Considerations for Canadian SMEs |
| title_sort | criminal enforcement of trade secret theft strategic considerations for canadian smes |
| topic | confidential information criminal law economic espionage enforcement small and medium-sized enterprises trade secrets |
| url | https://timreview.ca/timreview.ca/article/1402 |
| work_keys_str_mv | AT mattmalone criminalenforcementoftradesecrettheftstrategicconsiderationsforcanadiansmes |