Marginal note:Use of trade secret for the benefit of foreign economic entity
19. (1) Every person commits an offence who, at the direction of, for the benefit of or in association with a foreign economic entity, fraudulently and without colour of right and to the detriment of Canada’s economic interests, international relations or national defence or national security
(a) communicates a trade secret to another person, group or organization; or
(b) obtains, retains, alters or destroys a trade secret.
(2) Every person who commits an offence under subsection (1) is guilty of an indictable offence and is liable to imprisonment for a term of not more than 10 years.
(3) A person is not guilty of an offence under subsection (1) if the trade secret was
(a) obtained by independent development or by reason only of reverse engineering; or
(b) acquired in the course of the person’s work and is of such a character that its acquisition amounts to no more than an enhancement of that person’s personal knowledge, skill or expertise.
Marginal note:Meaning of “trade secret”
(4) For the purpose of this section, “trade secret” means any information, including a formula, pattern, compilation, program, method, technique, process, negotiation position or strategy or any information contained or embodied in a product, device or mechanism that
(a) is or may be used in a trade or business;
(b) is not generally known in that trade or business;
(c) has economic value from not being generally known; and
(d) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.
- 2001, c. 41, s. 29.
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