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  1. Canada–United States–Mexico Agreement Implementation Act - S.C. 2020, c. 1 (Section 37)

     The Act is amended by adding the following after section 390:

    Marginal note:Trade secret
    • 391 (1) 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.

    • Marginal note:Trade secret — prior knowledge

      (2) 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).

    • [...]

    • Marginal note:For greater certainty

      (4) 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.

    • Marginal note:Definition of trade secret

      (5) For the purpose of this section, trade secret means any information that

      • (a) is not generally known in the trade or business that uses or may use that information;


  2. Canada–United States–Mexico Agreement Implementation Act - S.C. 2020, c. 1 (Section 37)

    [...]

     The Act is amended by adding the following after section 390:

    Marginal note:Trade secret
    • 391 (1) 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.

    • Marginal note:Trade secret — prior knowledge

      (2) 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).

    • [...]

    • Marginal note:For greater certainty

      (4) 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.

    • Marginal note:Definition of trade secret

      (5) For the purpose of this section, trade secret means any information that

      • (a) is not generally known in the trade or business that uses or may use that information;


  3. Canada–United States–Mexico Agreement Implementation Act - S.C. 2020, c. 1 (Section 38)

     Section 1 of the schedule to Part XXII.1 of the Act is amended by adding the following after paragraph (x):

    • (x.1) section 391 (trade secret);


  4. Canada–United States–Mexico Agreement Implementation Act - S.C. 2020, c. 1 (Section 36)

     Paragraph (a) of the definition offence in section 183 of the Act is amended by adding the following after subparagraph (lxx):

    • (lxx.01) section 391 (trade secret),


  5. Canada–United States–Mexico Agreement Implementation Act - S.C. 2020, c. 1 (Section 38)

    [...]

     Section 1 of the schedule to Part XXII.1 of the Act is amended by adding the following after paragraph (x):

    • (x.1) section 391 (trade secret);



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