Protection of Intangible Business Interests is an elective course in Osgoode’s Professional LLM in Intellectual Property Law. The course explores how the common law protects valuable business information and relationships that fall outside traditional intellectual property regimes, such as trade secrets, confidential information, and reputational interests.
The course is taught by Andrew Finkelstein, Brendan Brammall, and Bryan McLeese, partners at Chernos Flaherty Svonkin LLP, a Toronto-based litigation boutique. Their practices span complex corporate and commercial disputes, and together they bring a deeply practical perspective shaped by extensive experience litigating the very issues explored in the course.
At its core, Protection of Intangible Business Interests examines a growing area of law shaped by the realities of an information-driven economy. As McLeese explains, businesses increasingly view information as a key asset, whether in the form of client lists, proprietary processes, or strategic know-how.
Yet much of this information cannot be protected through patents, copyright, or trademark law. Instead, the course focuses on the alternative legal mechanisms developed by courts and legislatures to fill that gap. Students examine doctrines such as trade secrets and breach of confidence, along with a range of related causes of action—including inducing breach of contract, unlawful interference with economic relations, conspiracy, and trade libel—that address unfair competition and the misuse of intangible assets.
These issues are becoming more urgent as the nature of business assets continues to evolve. While many of the doctrines are rooted in older case law, McLeese notes they are “perhaps even more relevant now that there’s an information economy.” He points to a growing grey area where valuable business information does not neatly fit within traditional intellectual property frameworks, but still demands legal protection.
A defining feature of Protection of Intangible Business Interests is its practical, litigation-focused approach. Taught by practicing lawyers, the course emphasizes how these legal doctrines operate in real disputes. Students not only learn the governing legal tests and their theoretical underpinnings, but also how claims are proven, defended, and strategically deployed in practice.
“We try to inform students about how these causes of action play out in real life…what you need to prove and where the difficulties arise,” McLeese explains.
Throughout the course, students engage with fact patterns involving departing employees, competitive business practices, and disputes over confidential information. In practice, these issues often arise in subtle ways. McLeese notes that problems frequently emerge when individuals attempt to retain or use information informally—highlighting how easily legal risk can develop in everyday business contexts.
Learning is reinforced through a collaborative workshop, where students work through a detailed scenario and advise different clients on a shared set of facts. This hands-on approach allows them to apply legal principles in context and prepares them for real-world problem-solving.
The classroom also reflects the interdisciplinary nature of the field, bringing together lawyers and non-legal professionals. Because many of the doctrines explored are rooted in broader ideas of fairness rather than strict statutory rules, these varied perspectives often deepen discussion. As McLeese suggests, many of these claims ultimately reflect a basic intuition about conduct, even where no contract or statute directly applies.
By the end of the course, students develop the ability to identify legal risks related to intangible business interests and apply common law principles in both litigation and advisory contexts. Whether prosecuting or defending claims—or advising clients on how to mitigate risk—they gain practical tools to navigate an increasingly important area of intellectual property and commercial law.
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Andrew Finkelstein – Instructor for the LLM in Intellectual Property Law and Partner at Chernos Flaherty Svonkin LLP
Brendan Brammal – Instructor for the LLM in Intellectual Property Law and Partner at Chernos Flaherty Svonkin LLP
Bryan McLeese – Instructor for the LLM in Intellectual Property Law and Partner at Chernos Flaherty Svonkin LLP