The legal protection of trade secrets is a desirable objective for the law to pursue and requires improvement through the implementation of new civil and criminal law measures. This report recommends the creation of two new statutory torts to protect the plaintiff who is without an agreement that is governed by the general law of contract. The first tort is aimed at industrial espionage in relation to trade secrets and would make the acquisition of a trade secret by improper means actionable. The second new tort would make the disclosure or use of a trade secret actionable where the consent of the person lawfully entitled to the benefit of that trade secret had not been obtained. A draft civil statute is provided and the enactment of this civil legislation by the common law provinces should be uniform. New criminal offences prohibit the misappropriation of a trade secret through alterations to the offence of fraud under the Code to bring certain activities related to trade secrets within that offence. Draft criminal legislation is provided and it is recommended that the enactment of these suggested offences and amendments in the Code by the federal Parliament.
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