Sally Yoon is an IPilogue Writer, IP Innovation Clinic Fellow, and a 2L JD Candidate at Osgoode Hall Law School.

, Xiaorong You, a former employee of the Coca-Cola Company and Eastman Chemical Company was sentenced to 14 years in prison and made to pay a $200,000 fine for a scheme to steal trade secrets, engaging in economic espionage and committing fraud. Matthew G. Olsen emphasized that the sentence not only reflects the gravity of the offence but also a“commitment to protect [the] nation’s security by investigating and prosecuting those who steal US companies’ intellectual property.”

Between 2012 to 2018, You worked as the Principal Engineer for Global Research at Coca-Cola in Atlanta and the packaging application development manager at Eastman Chemical Company in Kingsport, Tennessee, which granted her explicit access to valuable trade secrets related to the “formulations for bisphenol-A-free (BPA-free) coatings for the inside of beverage cans.” Several other chemical and coating companies also owned the trade secret and its development cost nearly $120 million.

You the trade secrets to set up a new BPA-free coating company in China with Weihai Jinhong Group, her Chinese corporate partner, where both parties received millions in grants from the Chinese government to support the new business. In addition to the grant money, You also received the “”, a Chinese government program aimed at attracting scientists and engineers abroad. At , You’s application for the program revealed her intentions to not only benefit her corporate partner, but also the governments of China.

, BPA is still used in the linings of the company’s beverage cans, as well as other packaging, to preserve the quality and taste of the drink. The company further maintains that for potential health risks resulting from BPA in the company’s products is based on “sound science” as there is a clear scientific consensus that the miniscule amounts of BPA in beverage cans poses no risk to the public. Nonetheless, the company has publicly stated that it is undergoing research for BPA-free alternatives in preparation to protect its consumers’ and .

Economic espionage has profoundly affected the US economy. In fact, the estimates that trade secret theft costs the US economy at least $180 billion annually. Despite Canada’s sizeable economic difference from the US, the maintains that its advanced and competitive economy and close economic partnership with the US makes Canada a continuing target of hostile foreign state activities. Moreover, according to the , CSIS observed an increase in the scale and scope of espionage and foreign interference threats. Often, such threats become exponentially more complex and pressing in light of , as it can be difficult to establish the nexus between an accused and a foreign government. In addition, foreign states can target members of vulnerable groups, posing a risk not only to the Canadian economy but also the overall safety of Canadians.

Both Canada and the US must continue to diligently investigate and identify the threats of espionage targeting innovation and intellectual property in its various sectors. Moreover, Canada should continue to work with and refer to its domestic and international partners to determine reasonable punishments for similar criminal acts threatening valuable IP in the country.

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Photo by Jakub Kapusnak ()

Emily Chow is an��IPilogue��Writer and a 1L JD Candidate at Osgoode Hall Law School.��

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Over the past decade, the media has published several scandals about the quality and safety of the food we eat – from to . It is estimated that the counterfeit food industry

Beyond , fraudulent foodstuffs exacerbate the risks facing endangered species. Researchers found that an estimated were substituted with . Inaccurate labelling makes it difficult to track and identify what animals are at risk due to human activity; this is especially concerning given that . There are of other examples of highly substituted foods. found king scallops sold in Germany were replaced with the less valued Japanese species in 48% of samples. Another found prawn balls on sale in Singapore .

Difficult conservation policy decisions, already limited in funding, can be more effective when comprehensive data is available to inform such decisions. Oceana, whose mandate is to protect Earth’s oceans, by increasing the profitability of destructive fishing practices, undermining consumer-driven conservation efforts, and harming large-scale conservation initiatives such as quotas and restrictions.

Interestingly, food products are not the only counterfeit organic item on the market.

In 2016, An internal investigation revealed that approximately , a direct contradiction of Welspun’s appeal and promises of quality. Welspun’s intricate network of cotton suppliers, manufacturers, and retailers made sourcing the error difficult. Whether it was a mistake in labelling or a deliberate act of fraud, makes it difficult for consumers and producers alike to confirm the authenticity of an item. Luckily for Welspun, a was up to the task. In 2017, they that would allow Oritain to validate Welspun’s supply chain of home textile products.

In Oritain’s co-founder Russel Frew discussed his past life as a researcher at the University of Otago. A geochemist, Frew utilized a mass spectrometer often, which allowed him to determine the precise atomic makeup of water and soil samples gathered from across the world: a unique elemental signature for a given area. Applied to products, Oritain describes its method as

Atoms of a particular element can have different amounts of neutrons—neutral particles that do not contain an electric charge—residing within each atom’s nucleus, resulting in various isotopes. Oritain determines the relative ratios of isotopes within a sample to ascertain its origin. For instance, a sample’s . Oritain also analyzes trace elements in These can include sodium and iron derived from the composition of soils, water, and feeds. In addition to sourcing the origins of fabrics and textiles, Oritain has to combat food fraud.

The expansion of verification and traceability programs may lead to the and supply chains around the globe.

Further Reading:

Oritain Certification:

Oceana:

“What is Mass Spectrometry?” by the Broad Institute: .

Canadian Food Inspection Agency’s survey to verify the authenticity of honey samples:

“Food Fraud in Canada” published by the Arrell Food Institute at the University of Guelph:

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