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The British Columbia decision [1] highlights the difficult, time consuming, and expensive exercise that organizations may find themselves in when an employee misuses confidential information. In today’s environment, information can be downloaded, transferred or shared instantly. How can organizations best protect their intellectual property assets and confidential information to maintain their competitive advantage? Intellectual Property and Confidential Information Intellectual property and confidential information are related concepts. The World Intellectual Property Office defines intellectual property as “creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce.”[2] Confidential information, in comparison, includes any non-public information or material that is communicated or shared from a disclosing party to a recipient. The exact definition of confidential information may further be defined under

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