Software protection

Software protection refers to the legal and practical tools used to protect software: copyright in the code, patents for some software related inventions, trade secret protection for source code and algorithms, trademarks for product names, and contracts such as licences and confidentiality agreements. Technical measures like access controls and licence keys support these legal rights.

How BC law treats it

Copyright arises automatically under the Copyright Act, RSC 1985, c C-42, and patents for computer implemented inventions are available in Canada only where the claimed invention is more than an abstract algorithm. BC has no trade secrets statute, so confidential code is protected through contracts and the action for breach of confidence.

What it means for your business

Layering copyright, confidentiality agreements and careful licensing usually protects a BC software business better than relying on any single tool.

Risks and common mistakes

Sharing source code with partners or contractors without a written confidentiality agreement can weaken or lose trade secret protection.

For the full explanation, see our entry on Intellectual property.

General information about British Columbia and Canadian law, current to October 2026. It is not legal advice.