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examination of the product. If a competitoris able to discover the secret throughlegitimate means, they acquire the full rightto use it. Unlike patents, trade secrets donot provide the right to prevent others frommaking use of the secret, if it is successfullydiscovered through means that are notwrongful. As with confidential information,non-disclosure or confidentiality agreementsare an important tool that should be used toprotect a company’s trade secrets.In some circumstances, businesses may fallvictim to the disclosure of trade secretsdespite taking appropriate precautions. Thismay be caused through unauthorizeddisclosure by a former employee or formerdirector or officer of the business. As longas the possessor of the secret tookreasonable steps to ensure that theinformation remained confidential, thecourts will usually treat the disclosure of thesecret as wrongful and may award damagesagainst the offending party, injunctive relief,or both.Advertising Standards CanadaAdvertising Standards Canada isresponsible for regulating advertising inCanada in accordance with the CanadianCode of Advertising Standards (the “Code”).The Code covers all forms of advertisingexcept foreign advertising (unless made bya Canadian advertiser), election advertisingand packaging and labelling. The Codestates advertisements “must not, unfairly,discredit, disparage or attack otherproducts, services, advertisements orcompanies, or exaggerate the nature orimportance of competitive differences.” TheCode further prohibits advertisers fromimitating the slogans or illustrations ofanother advertiser in a manner that wouldmislead the consumer. Advertising thatcompares the product or servicecharacteristics, value, performance,consumer preference, market share, salesorigin or availability of one advertiser’sproducts or services with those of anotheridentifiable organization is considered to becomparative advertising under the Code.Product Standards and CodesProducts and services in Canada aresubject to numerous technical standardswhich set minimum requirements for safetyor performance. Many of these standardshave been developed by industryassociations on a voluntary basis. Federaland provincial governments have alsoestablished many mandatory standards,often by incorporating into law standardsdeveloped by industry organizations. One ofthe key federal statutes to be aware of is theHazardous Products Act, which applies tothe advertising, sale and importation intoCanada of hazardous products andsubstances, and which sets out nationalsafety standards for numerous consumerproducts, including toys, furniture,household and garden products.The Standards Council of Canada is afederal Crown corporation with the mandateto promote efficient and effectivestandardization. It coordinates and overseesthe efforts of the National StandardsSystem, which includes organizations andindividuals involved in voluntary standardsdevelopment, promotion andimplementation in Canada. Some of themore prominent standards developingorganizations in Canada include theCanadian Standards Association (whichTrade and Business Conduct Regulation47

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