Misuse of Confidential Information


  • Jack Prothroe




Energy Law, Petroleum Law


A continuing concern in the oil and gas business is the protection of secret information which may be fundamental to the success of company in developing prospects. This paper discusses the extent to which the law will afford protection to such information, either through damage actions for its misuse or injunctions to restrain its use. The author discusses the circumstances under which information may become "confidential", and the guidelines developed by the courts in number of different circumstances. Reference is made to the scope of s. 7(e) of the Trade Marks Act; and the paper examines number of practical considerations which may arise in attempting to protect confidential information through the courts.