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Section 391 — Criminal Code: Trade secret

Text of the provision Official document

Everyone commits an offence who, by deceit, falsehood or other fraudulent means, knowingly obtains a trade secret or communicates or makes available a trade secret. Everyone commits an offence who knowingly obtains a trade secret or communicates or makes available a trade secret knowing that it was obtained by the commission of an offence under subsection (1). Everyone who commits an offence referred to in subsection (1) or (2) is guilty of an indictable offence and is liable to imprisonment for a term not exceeding 14 years; or of an offence punishable on summary conviction. For greater certainty, no person commits an offence under subsection (1) or (2) if the trade secret was obtained by independent development or by reason only of reverse engineering. For the purpose of this section, trade secret means any information that is not generally known in the trade or business that uses or may use that information; has economic value from not being generally known;

and is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.

Official source: laws-lois.justice.gc.ca

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Statutory text from an official public source. Informational content — does not replace advice from a qualified lawyer.