Alberta trade secrets calgary office
The economic requirement for confidentiality arises in any situation where there may be a transfer of information, for example disclosure made to induce someone to enter into a joint venture or a takeover, or a disclosure to a banker or a potential investor. Confidentiality is also essential in the development and marketing of various forms of technology. Canadian law recognizes the economic importance of innovative products, processes and ideas. Protection of such products, processes and ideas is afforded primarily by the law of contract and equity.
The law also realizes that protection must be limited so as to not severely infringe other important public interests, such as the free flow of information.
This material will focus on the area of protection afforded by the law of contract, however, equity and tort law will also be discussed because both sometime offers protection in this area alberta trade secrets calgary office or not the parties have entered into a contract addressing confidentiality.
A confidentiality agreement is a contract designed to protect confidential information by requiring a recipient to keep confidential and not disclose or use the confider's confidential information or trade secrets. The agreement can be used to cover any information which is used in a business, which gives a commercial advantage, and which is not generally known.
This would include, for example, trade secrets, secret formulas or other processes for manufacturing. It is not however, limited to those things.
A customer list, a mailing list, a list of qualified vendors, and a list of customers who pay their bills as opposed to those who do not all provide extremely valuable information. Financial information can also be valuable. For example, prices paid for components, the wages paid to employees, the total cost of each product, overhead expenses, and capital resources are all things which competitors might like to know.
In summary, "confidential" information is any information alberta trade secrets calgary office is? Confidential information is often protected by the law of equity or fairness under the inherent jurisdiction of the court. For example, abuses of confidential information are subject to legal sanction where a previous relationship but no contract existed between the parties.
Equity provides the courts with 2 doctrines upon which such protection could be based: International Corona Resources Ltd. With respect to the third requirement, the courts will infer misuse and the burden shifts to the recipient to establish that the use was not prohibited. In that case, the plaintiff company owned mining rights on certain land, on which it was drilling exploratory holes. The defendant company approached the plaintiff company with a view to a possible partnership or a joint venture.
The plaintiff revealed the results of the drilling, from which it was clear that an adjacent property was likely to include mineral bearing deposits. The plaintiff attempted to acquire the mining rights in the adjacent property, but the defendant put in a successful competing bid, and developed the mine on its own account. Since the information given to the defendant was confidential, and revealed only for the purpose of a possible joint business venture, the defendant was in breach of its duty of confidence in acquiring the adjacent property.
As a result the court held that the defendant held the property on trust for the plaintiff. It is interesting that the S. Only 2 of the 5 judges held that there was also a breach of fiduciary duty by LAC. In order for a fiduciary obligation to arise, an element of trust or promise must alberta trade secrets calgary office created and an unequal relationship must exist between the parties.
Three justices in the Corona case held that there was not an unequal relationship present, despite the alberta trade secrets calgary office that one party was a junior mining company and the other a senior mining company.
Equity may also apply even where the parties have entered into a binding contract, but have not specifically addressed an obligation of confidence. The courts are sometimes willing to imply such an obligation in the contract to protect the confider.
If confidential information is protected by equity as well as by contract, why would one enter into a confidentiality agreement contract to protect confidential information? There are a number of good reasons. First, in trade secret litigation, the central issue is often whether the information was confidential. Assessing whether information is confidential or not can be an exceedingly difficult task for a judge particularly when the information concerns an unfamiliar and complex technology.
A confidentiality agreement, containing a specific definition of what is considered confidential information by the parties for the purposes of that agreement, provides alberta trade secrets calgary office to the judge. The agreement may also extend the definition of confidential information to include information alberta trade secrets calgary office is not technically a trade secret.
Alberta trade secrets calgary office, there is the possibility that where the parties have entered into a binding contract governing many areas of the relationship, but alberta trade secrets calgary office to deal with confidentiality, a court may construe the contract as constituting the entire agreement between the parties and conclude that they intended not to treat any information as confidential.
As a result, spelling out confidential obligations is often a good idea. In addition, signature by a recipient on a confidentiality agreement indicates that the recipient has been put on notice that he has become privy to trade secrets and that he occupies a position of alberta trade secrets calgary office and confidence with respect to that information.
Finally, injunctive relief a common remedy for breach of confidence is more likely where the parties have alberta trade secrets calgary office into a confidentiality agreement. Where such relief is granted an injunction is issued by the courts to prevent the offending party from continuing to use the confidential information.
A sample confidentiality agreement is contained in Appendix I. In general the agreement should address the following elements. Contract law requires that the confider give alberta trade secrets calgary office some form of payment to the recipient or detriment to the confider in order to form a valid confidentiality agreement.
In the case of an employee, consideration will likely be the promises of the overall employment agreement. In other situations, consideration may be the terms of the contract or the right of the recipient to examine the confidential information, thus enabling the recipient to make an informed decision as to whether or not to enter into a contract or make a bid. The consideration of the confidentiality agreement should be stated clearly, so as to prevent a later agreement that there was alberta trade secrets calgary office lack of consideration.
Every confidentiality agreement should contain a definition of Aconfidential information. If the definition is too broad, it could be found void for restraint of trade. Thus, the client should carefully assess what information it really would be harmful to disclose. All such information should be included in the definition of "confidential information", but care should be taken to ensure that the definition is not over broad. The definition should specifically exclude: A clause which shifts the onus of proof may be inserted so that the recipient has the burden of proving that information was not confidential.
It is important to specify the uses to which the recipient may put the confidential information. This use is likely the consideration, or part of the consideration, given by the confider.
Many agreements strictly prohibit any disclosure of the confidential information. The parties may prefer to insert a clause allowing disclosure in certain circumstances e. The recipient may desire a clause requiring that all confidential information be marked "confidential".
A clause requiring the recipient to take reasonable measures to keep the information confidential should be included. This may include a list of the specific steps to be taken by the recipient.
Although a clause stating the time limit during which confidentiality must be maintained may be included, such a clause is not required. An obligation of confidence may terminate by an agreement for consideration; the express or implied consent of the confider; or expiration of the confidentiality of the information.
As with any contract, the parties may wish to include some boilerplate provisions: As previously mentioned, protection afforded by a confidentiality agreement should not be over broad. A confidentiality agreement is a form of restrictive covenant. All provisions must be considered to make sure that they will not be void as unreasonable restraints of trade. Breach of a confidentiality alberta trade secrets calgary office is a breach of contract.
Thus, remedies available for breach of contract would be available to a confider where the recipient of confidential information breached the confidentiality agreement. Also, because breach of confidence is alberta trade secrets calgary office equitable doctrine, remedies available in equity may also be available to the confider.
Remedies for breach include: A confidentiality agreement does not give perfect protection to the owner of a trade secret or other confidential information.
It is important to understand the limitations involved in one. It is therefore important to ensure that the person or organization to whom the information is to be disclosed is properly named. It is difficult and may be costly to prove that a party has breached their duty of confidentiality and that the creator has suffered injury as a result. Both of these questions must be proved before any remedy is available.
Should the circumstances be appropriate, the creator may ask that a criminal charge be laid for theft of property as there is some authority in Canada which suggests that taking confidential information may be the subject of theft charge. Where this is not appropriate, the creator of a trade secret should be aware that no independent organization will enforce the agreement on his behalf.
If there has been "publication" of the information which comprises the trade secret, then it will be quite easy for the other party under a confidentiality agreement to argue that the creator did not intend strict confidentiality was necessary.
Cases decided under industrial design and patent legislation suggest that publication of a product, process or idea will occur if it is disclosed alberta trade secrets calgary office confidentiality to even one person. Alberta trade secrets calgary office, the need for a disclosure agreement will arise at the earliest stage of a creator's work on the product, process or idea.
University of Calgary University Dr. The major limitations are: Campus Life Go Dinos!
In late October ASRA surveyed the collision industry to determine the extent of the technician shortage. One hundred and six shops, representing almost three-quarters of the industry capacity responded to the survey. If the following qualified workers walked into your office today and were willing to work for you at prevailing wages, would you hire them?
The shops that responded indicated they needed: Incredibly, shops have work for individuals they cannot find! Introduction of Auto Body Prepper Craft! Apprenticeship has created a third craft within the Auto Body Trade: Auto body preppers are responsible for the restorations of anti-corrosion treatments, substrate identification, surface preparation, undercoat product mixing and application. Auto body preppers are involved throughout the collision repair process, often beginning with the application of anti-corrosion compounds while the alberta trade secrets calgary office is still mounted on the frame repair equipment.
They also remove and install bolt-on components such as hoods, alberta trade secrets calgary office lids, fenders, trim, doors, glass and interior components. The term of apprenticeship for an auto body prepper is 2 years, including a minimum of hours of on-the-job training and 4 weeks of technical training in the first year and hours of on-the-job training in the second year. An applicant who previously completed courses of study or work experience related to the Prepper branch of the trade or holds a related journeyman certificate and has the employer's consent, may qualify for credit that could reduce the term of apprenticeship.
A high school student can become an apprentice and gain credits toward apprenticeship training and a high school diploma at the same time under the Registered Apprenticeship Program.
To sign up your preppers, or for more information contact: Inspector in Calgary at The auto body and auto service trades are compulsory trades. The only people alberta trade secrets calgary office can do auto body or auto service work as defined by the Auto Body Technician Trade Regulation and the Automotive Service Technician Trade Regulation are licensed journeymen and apprentices. The regulations also mandate a one-to-one ratio alberta trade secrets calgary office journeymen to apprentices.
Alberta Apprenticeship administers these acts. Traditionally they have focused on making sure that shops comply with the regulation. Indeed, Apprenticeship often goes out of their way to accommodate a shop and create a way for them alberta trade secrets calgary office be in compliance. In this case, the shop ignored numerous opportunities to alberta trade secrets calgary office their non-compliance. This court order indicates that shops that refuse to get into compliance can face serious consequences.
Evidence of the Pressure on the Collision Industry. Victor Marciano, Executive Director. Thank you for coming through!!! We received a very small summer student grant and we put Pam Jones to work assembling a complete and accurate database alberta trade secrets calgary office our industry.
This database will be used to conduct more thorough surveys of the industry. The long-term goal is to develop accurate and useful information about our industry, that ASRA members and other stakeholders can use for business planning. First, I must thank the industry for their participation. ASRA identified over potential participants who were contacted by phone or fax and asked to complete a short one-page survey.
Over shops answered the survey! This is spectacular participation and it has provided us with some excellent data. As of August 20, there were collision shops in Alberta in Calgary, in Edmonton, in rural southern Alberta, and in rural northern Alberta. Incredibly there were 84 collision shops that had a business license or were listed in the phone book but were no longer in business! The following is a summary of alberta trade secrets calgary office findings.
For we will focus on creating a comprehensive database of the mechanical repair industry. So when you get that call or fax from the ASRA office this summer, please help out and help put your association in a better position to help you! To meet the rising costs of providing quality technical training for a growing number of apprentices, tuition fees for technical training are being increased for the first time since Fees will then increase over the three years after that, as follows: CPI is a measure of the cost of living.
The average annual change in the CPI over the last ten years has been two percent. Apprentices, employers and institutions that deliver apprenticeship technical training were involved in discussions on these upcoming changes to apprenticeship tuition fees, and how they are set. The Alberta Government and the Alberta Apprenticeship and Industry Training Board are fully committed to offering quality training that is accessible for all Alberta trade secrets calgary office apprentices.
Apprentices who can demonstrate need may qualify for grants from the Skills Development Program of Alberta Human Resources and Employment to help pay for tuition, books, supplies and alberta trade secrets calgary office expenses. Grants do NOT have to be repaid. Alberta trade secrets calgary office information about tuition fees, the new apprentice tuition fee policy, or financial assistance alberta trade secrets calgary office apprentices is attached, or visit www.
The Calgary Police Service is seeking the media's assistance in helping to identify the owners of recently recovered stolen automobiles and automobile parts. The stolen items were recovered when the Calgary Police Service's Auto Theft Unit uncovered the largest chop shop known to be operating in Calgary this year. Investigators, however, cannot positively identify the owners of these vehicles and parts.
Unfortunately, the number of vehicles not recovered has also increased during the same time period. This means these vehicles are being dismantled, renumbered or shipped out of the country. In the end, this costs the insurance industry millions of dollars, and these costs are eventually passed down to the consumer. Further investigations into the case are continuing. Average occupational growth Physical Requirements: They may work primarily on structural repairs or refinishing, or do both types of work.
In general, auto body technicians: Auto body technicians may specialize in making collision repairs or in refinishing, or work in both branches of the trade. Collision specialists are involved in damage appraisal, frame and unibody structural repair, body sheet metal work, plastic repair, component replacement and alignment. In the past, they used heavy frame machines and simple gauges to repair heavy collision damage.
Today, they rely on precise factory specification charts and use sophisticated measuring and repair systems to restore damaged vehicles. In particular, collision specialists. Alberta trade secrets calgary office specialists are involved in damage appraisal, surface preparation, minor damage repair, masking, colour matching, priming and top coating. In particular, refinishing specialists. Auto body technicians generally work a hour, five-day week with occasional overtime required.
They work indoors in a noisy, sometimes dusty, environment. Although most shops are well ventilated, the work involves exposure to dust and fumes. There is always some risk of injury involved in working with sharp or hot metals, welders and power tools.
Auto body technicians may be required to lift parts and equipment weighing up to 25 kilograms. Skills, Interests, Values Auto body technicians need the following characteristics: They should enjoy using tools and equipment to perform tasks requiring precision, following routine procedures, and repairing damaged auto body components.
Education Requirements [ click here for BC requirements ]. In Alberta, the Apprenticeship and Industry Training Act requires that anyone working in this trade be a certified journeyman or a registered apprentice.
To enter the Auto Body Technician apprenticeship program, applicants must have a minimum of Grade 10 education or equivalent or pass an entrance exam alberta trade secrets calgary office, and find an appropriate employer who is willing to hire and train an apprentice. Employers generally prefer to hire high school graduates and may select apprentices from among their current employees. While still in high school, students can begin an apprenticeship program and earn high school credits at the same time through the Registered Apprenticeship Program RAP.
After high school graduation, RAP apprentices may complete their apprenticeship programs as full-time apprentices. To register in the apprenticeship program, the apprentice and the employer complete an application form together and submit it to the closest Alberta trade secrets calgary office and Industry Training office. Once the application alberta trade secrets calgary office approved, a contract is drawn up and signed by the apprentice and the employer.
The term of apprenticeship is different for each branch of the trade. The term for collision is four years four month periods with a minimum of hours of employment in each of alberta trade secrets calgary office first two periods and hours of employment in each of the third and fourth periods.
In addition to the on-the-job training, the term requires six weeks of classroom training in the first and second periods and eight weeks of classroom training in the third period.
The term for refinishing is three years three month periods with a minimum of hours of employment each of the first two periods and hours of employment in the third period. In addition to the on-the-job training, the term requires six weeks of classroom training in the first and second periods and four weeks of classroom training in the third period. The term for collision and refinishing is four years four month periods with a minimum of hours of employment in each of the first two periods, hours in the third period and hours of employment in the fourth period.
In addition to the on-the-job training, the term requires six weeks of classroom training in the first and second periods, eight weeks in the third period and four weeks of classroom training in the fourth period.
The classroom training for the first and second periods is common for all branches of the trade. Applicants who have successfully completed related courses of study or work experience may be alberta trade secrets calgary office for advanced standing in the apprenticeship program. When apprentices attend training, they are required to pay the applicable tuition fee and purchase course supplies. Human Resources Development Canada may provide employment insurance benefits to apprentices attending classroom training.
For more detailed information, contact your local Human Resources Development Canada office. After successfully completing the required examinations and hours of employment, an apprentice is awarded an Alberta Journeyman Certificate. Alberta trade secrets calgary office who pass an approved interprovincial exam qualify for the Interprovincial Standards Red Seal which means their trade qualifications are recognized throughout most of Canada.
The program entrance requirement is completion of English 10 or 13, Math 10 or 13 and a Grade 10 science. Alberta trade secrets calgary office the apprenticeship program is completed, auto body technicians need to keep up to date with new technologies and industry advancements. Auto body technicians are employed by auto body repair shops, automobile and truck dealerships, custom shops and sometimes by trucking companies and buslines.
Experienced auto body technicians may advance to supervisory positions, start their own businesses or become automobile damage appraisers for insurance companies. With additional training, they can transfer their skills to related occupations such as sheet metal worker, aircraft technician, motorcycle mechanic or automotive service technician. For the foreseeable future in Alberta, the employment outlook in this alberta trade secrets calgary office is expected to be average compared to all other occupations.