Intellectual Property Protection | Download now (2023)

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The protection of intellectual property is primarily a federal responsibility and is governed by four main statutes:patentlov,The Trademark Act,copyright, jLaw Industrial Design.

The Canadian Intellectual Property Office of Industry Canada administers these statutes. But cases such as the unauthorized use of a trademark (known as the "law of impersonation of identity") or misappropriation of a trade secret fall under the jurisdiction of the county. In certain circumstances, federal and provincial jurisdictions will overlap, as is the case with spoofing, which is also provided for inThe Trademark Act.


Hepatentlovsetting up what is known as a "first to file" system. In Canada, the first applicant to file a patent application for an invention qualifies for patent protection for that invention.

A Canadian patent grants the owner the exclusive right to manufacture, use and sell an invention in Canada, as defined in the patent claims, for a period of 20 years from the date of application. Patents are granted only for inventions that are new, inventive, and useful and can be obtained for devices, materials, processes, and applications. Patent protection is not available for scientific principles, abstract propositions or ideas; nor is it available to higher life forms such as genetically modified animals.

To be considered novel or novel, the invention must not have been published in such a way that it was publicly available anywhere in the world. An exception to this is information originating from the inventor; a grace period of one year has been established for such information.

For the invention to be considered inventive, the differences between the prior art and the inventive concept in the claims must include steps requiring inventive step.

Finally, the invention must be functional and operable to meet the utility criterion. In other words, the invention must have a practical purpose.

international considerations

Canada, like the United States, is a signatory to many international patent-related agreements, includingParis Convention for the Protection of Industrial Property(Treaty of Paris) andPatent Cooperation Treaty(PCT). The Paris Convention allows applicants to use the earliest filing date in one Contracting State as the effective filing date in another Contracting State, provided the application is filed within 12 months. The PCT, on the other hand, provides an international patent application mechanism that facilitates the filing of patent applications in contracting states.

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Canada has also signed agreements with 27 other patent offices around the world. This program, known asHighway for patent processing(PPH), allows an applicant to significantly speed up the processing of a patent application, as long as there is a corresponding patent application with one of the other patent offices.

It is important to note that an invention that was patented in the United States several years ago, for example, will not be patentable in Canada, as the invention will not be considered new. Consequently, timing is an important issue in any new patent filing for companies looking to do business internationally.

Registering a Trademark in Canada

A trademark is a symbol (such as a word, logo, slogan, name, sound, hologram, moving image, three-dimensional product shape, etc., or a combination thereof) adopted and used by a manufacturer or retailer to distinguish and services of others'.

Registration and related matters

A trademark can only be considered registered if it is registered in the Federal Register of Trademarks; there are no provincial trademark registers. Registration gives the trademark owner the exclusive right to use the trademark throughout Canada in connection with the goods and services for which it is registered, and prevents others from using confusingly similar marks. Subscriptions are valid for a period of 10 years and can be renewed indefinitely upon payment of the corresponding administration fee. There is currently no requirement to demonstrate use of the trademark at the time of renewal.

While registration is not required to obtain legal protection (use of, advertising, or promotion of a trademark in a particular geographic area may establish rights to the trademark under the common law of that particular area), the method is always preferred.

The main benefit of registration is the protection afforded to the trademark owner in all provinces and territories of Canada. HeThe Trademark Actprovides a registration system for trademark owners based on the "first use principle". However, it should be noted that five years after a registration is issued, it becomes incontestable based on previous common law rights unless it is shown that the application was made with knowledge of such previous common law rights.

There is no requirement that a trademark must be used before a registration certificate is issued.

Registration is also proof of ownership. As a result, in the event of a trademark ownership challenge, the burden of proof is on the challenger, not the registrant. A registration may be canceled in whole or in part through an administrative procedure if no use has been made of the mark (in relation to the goods and services identified in the registration) for a period of three years, except in special circumstances justifying this lack of usage. usage can be displayed.

international considerations

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On June 17, 2019, Canada acceded to the Madrid Protocol and made changes to the Trademark Act. The Madrid Protocol allows trademark owners to file a single application for international registration with the World Intellectual Property Organization (WIPO) and then designate the Member States where protection is sought. Each member state then applies its own laws to determine whether a trademark can be registered in its territory. An application for registration filed under the Madrid Protocol does not grant international protection to a trademark, but facilitates the registration of that trademark in various jurisdictions.

A foreign party may register a trademark in Canada without appointing a Canadian third-party representative to assist with Trademark Office correspondence.

In addition, Canada is a party to the Paris Convention, which allows an applicant to use the filing date of an application for registration as a priority date when filing an application for trademark registration in other countries that are party to the Paris Convention. An applicant can benefit from the priority date no later than 6 months after the date of submission of the original application.


A copyright gives the author of a literary, artistic, dramatic or musical work a number of rights, including the exclusive right to produce and reproduce the work. Copyright protects the expression of ideas, but not the ideas themselves. It can be used to protect many kinds of works, including books, music, movies, and software.

Registration and related matters

Copyright registration in Canada is allowed, but not required. Copyright law establishes a rebuttable legal presumption that a copyright exists in the creator's work and belongs to its registered owner (similar to trademark law discussed above).

Canada is a signatory to the Berne Convention; therefore, copyright protection in Canada includes, for example, works by US citizens or works first published in the United States.

A copyright in Canada generally lasts for the life of the author plus 50 years.

authorship vs. Property

authorship vs. Ownership It is important to distinguish between authorship and ownership. According tocopyright, the author of a work is in principle the first owner of that work. The first owner of a copyright created by an employee in the context of his employment is the employer, unless otherwise agreed. Relationships with independent contractors (as opposed to employment relationships) can obscure job ownership. More specifically, the person who hires an independent contractor cannot own the copyright in the works created without a written assignment signed by the author or his agent.

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If the author is the first owner of a copyright, this has important long-term copyright implications, even in the face of written assignments. A copyright automatically passes to the heirs or successors in title of the author 25 years after his death, as long as the author was the first owner of the copyright.

See below for more information on quotas and licenses.

Industrial designs

An industrial design consists of the shape, configuration, pattern or decoration of an object or a combination thereof. The essence of an industrial design is its visual appeal along with its originality.

Registration and related matters

Unlike other forms of intellectual property, such as trademarks and copyrights, industrial designs must be registered to enjoy legal protection and ensure exclusive rights to the design.

An application for registration of an industrial drawing can be submitted at any time, as long as the design is not published in any way. If this is the case, the application must be submitted no later than 12 months after publication.

Industrial design protection gives the registered owner the exclusive right to manufacture, import, offer for sale, sell or lease any item to which the design is applied.

HeLaw Industrial Designentitles the applicant to exclusive use thereof for a period of 10 years from the date of registration or 15 years from the date of application, whichever is later, against payment of a maintenance fee. To obtain an industrial design registration, there must be an original shape, pattern, or decoration on a manufactured object that is not a use of the product.

trade secrets

A trade secret is confidential information of commercial value that retains its value as long as it remains secret. It is a subset of confidential information that is highly specific and widely believed to have an industrial or technical aspect. The legal protections available for trade secrets differ from traditional intellectual property frameworks such as copyrights, patents, and trademarks because trade secret protections promote economic activity by allowing people to exploit their ideas and classified information. Unlike traditional frameworks, there is also no uniform legal regime for trade secrets. Instead, trade secret protection is achieved through a variety of statutory, common law, and equitable protections. Recognized civil actions to protect trade secrets include:

  • breach of contract
  • breach of trust
  • Breach of a Fiduciary Duty
  • illegal enrichment
  • Interference in contractual relationships

Some statutes also provide protection for trade secrets, such asthe Penal Code and the Civil Code of Quebec.

(Video) Understanding Intellectual Property (IP)

Additional considerations

Assignments and licenses

Parties wishing to do business in Canada often partner with an existing Canadian company to introduce themselves to the Canadian market. Often, these types of arrangements require the Canadian party to use the foreign party's intellectual property. This can be achieved through a license to use the foreign party's intellectual property.

Intellectual property can also be sold or transferred. When a transfer of ownership is required, the transferor of the intangible property transfers it in writing and against payment to the transferee, who becomes the new owner. The appropriate offices of the Canadian Intellectual Property Office should be notified in these circumstances to ensure that registration information is up to date and to avoid ownership disputes after the transfer has taken place.

Guarding your intellectual property

Just as a property owner would hire a security guard to protect their investment, intellectual property owners should always be on the lookout for potential infringement.

In cases where a party's intellectual property rights become too large or complex, it is advisable to hire a Canada-based agent who will perform the necessary intellectual property oversight duties. Such a modest investment can save a lot of time and money later on.

Enforce your intellectual property

Intellectual property owners and licensees can sue to enforce their rights in Canadian courts. This includes infringement procedures (patents, trademarks, copyrights), prosecution (patents) and actions under specific regulatory regimes such as the patented medicines (Compliance Notice). There are no specialized intellectual property courts in Canada, although the federal court has developed expertise in these matters. Provincial courts have concurrent jurisdiction, with the exception of declaratory judgmentsrowingIt can only be awarded by federal court. Intellectual property cases generally have five main stages: a) pleadings; (b) documentary discovery; (c) oral discovery; d) expert reports; and (e) lawsuits. Motions and summary proceedings can be filed under certain circumstances. Remedies for intellectual property infringement are prescribed by federal statutes and common law, including: damages (patent, trademark, copyright), profit calculation (patent), destruction of infringing property (patent, commercial trademark), warranties (patent, trademark, copyright). ) and court costs. Final decisions may be appealed to full federal or provincial courts of appeals, and appeals to the Supreme Court are then possible, on leave, in cases of national concern.


Intellectual Property Protection | Download now? ›

The three main areas of intellectual property law that innovators use to protect their ideas are Trademarks, Patents, and Copyrights.

What laws currently protect intellectual property in the United States? ›

The three main areas of intellectual property law that innovators use to protect their ideas are Trademarks, Patents, and Copyrights.

What are the 3 ways of protecting intellectual property? ›

Copyrights, trademarks, patents, and trade secrets are the four primary types of intellectual property protection.

What is new intellectual property rights? ›

New Intellectual Property means the Intellectual Property jointly conceived, created, developed, improved or reduced to practice or writing by the Parties hereto as a result of the Project.

What is the intellectual property protection? ›

Intellectual property rights (IPR) promote innovation and creativity, which in turn generates jobs and improves competitiveness. Intellectual property rights enable authors, artists, designers, inventors and other IPR users to benefit when others use their creations and inventions.

What are the four 4 US intellectual property laws? ›

Intellectual Property Law includes patents, copyrights, trademarks, and trade secrets.

What are three 3 types of intellectual property protected by law in the United States and which two 2 may be used into perpetuity? ›

What does each intellectual property right protect?
Type of IPProtectsInfringement
PATENTS – Design PatentOrnamental FeaturesMake, Use, Offer, Sale, Import
TRADEMARKSBrandsUse in commerce
COPYRIGHTSWorks of AuthorshipCopying, Derivative works, Performance, etc.
TRADE SECRETSInformationMisappropriation
1 more row
Jan 19, 2022

What are three 3 examples of violation of intellectual property? ›

What Are Some Examples of Violations of Intellectual Property?
  • Creating a logo or name meant to confuse buyers into thinking they're buying the original brand.
  • Recording video or music without authorization or copying copyrighted materials (yes, even on a photocopier, for private use)
Apr 15, 2021

What is violation of intellectual property rights? ›

IPR infringement refers to the unauthorized use, duplication, or sale of materials or products that are legally regarded as protected intellectual property. IPR infringement refers to the unauthorized use, duplication, or sale of materials or products that are legally regarded as protected intellectual property (IP).

What is an example of protecting intellectual property? ›

IP is protected in law by, for example, patents, copyright and trademarks, which enable people to earn recognition or financial benefit from what they invent or create.

What are the 7 intellectual property rights? ›

In India, there are 7 types of intellectual property rights, namely – copyright, trademarks, patents, geographical indications, plant varieties, industrial designs and semiconductor integrated circuit layout designs.

Why is it so hard to protect intellectual property? ›

Intellectual property security is also difficult because it can be hard to determine who owns what and which licensing requirements govern how a given intellectual property asset can be reused.

What are the five major intellectual property rights? ›

Intellectual property can take many forms, and each form is protected differently. In this post, we will explain the basics of the most common types of intellectual property — copyrights, moral rights, trademarks, patents, and trade secrets.

How can you avoid violating intellectual property rights? ›

Avoid copyright infringement on social media by asking the content creator's permission before posting, linking to the content you use online, seeking royalty-free content or creating your own evergreen content for social platforms.

What are the six possible types of intellectual property protection? ›

Intellectual property can exist as one of six major types: patents, trademarks, copyrights, designs, databases, and trade secrets.

How do I protect my copyright? ›

  1. Register any Significant Work with the U.S. Copyright Office. ...
  2. Use the Copyright Symbol (©) ...
  3. Learn the Limits of Your Copyright. ...
  4. Learn What Copyright Doesn't Protect. ...
  5. Make it Easy for People to Contact You. ...
  6. Clarify Copyright Ownership in Your Business. ...
  7. Speak with a Copyright Attorney.
Jun 25, 2021

Is IP law federal or state? ›

Intellectual property functions at both the federal and state level. For example, copyrights are regulated by federal law and federal court. Conversely, trade secrets are regulated by state laws.

Why are intellectual property rights needed? ›

Intellectual property rights not only protect the ideas or concepts of business but also protect the genuine business assets that are vital to the products and services.

How does the federal government protect intellectual property? ›

The government can license the patents on these inventions to private companies to bring these technologies to market. However, identifying patentable inventions is not always easy, and the bureaucracy and length of the patent licensing process can deter companies from participating in this process.

Which of the following does not protect intellectual property? ›

Certain examples of Intellectual property are patents, copyrights and trademark, and it does not include physical property of an intellectual.

Which of the following is not used to protect intellectual property? ›

Explanation: The four classifications of intellectual property are patents, copyrights, trade secrets, and trademark. Innovation does not belong to the forms of intellectual property protection. Hence, Innovations is the correct option.

How do I claim intellectual property? ›

You can file a trade mark application online with the USPTO. A U.S. trade mark generally lasts as long as the trade mark continues to be used and is defended against infringement. To keep a registration alive, the registration owner must file required maintenance documents at regular intervals.

What IP is commonly violated by most people? ›

Examples of IP Violations
  • Inadequate Trademark Search. Trademark infringement often occurs if a new company did not conduct the proper trademark searches before establishing its branding. ...
  • Importation of Infringing Products. ...
  • Infringement on Websites and Social Media Sites. ...
  • Disclosure of Trade Secret.
May 20, 2022

What is the most common breach of intellectual property? ›

Although intellectual-property infringement can be unintentional, it still unacceptable under the eyes of the law. The most common examples of intellectual property disputes include using another's words, images, or logo without the property owner's permission.

Who typically owns intellectual property? ›

IP Ownership

As it relates to IP, the overriding principle is that its creator, developer or inventor is the owner. While IP can take many forms, this article will focus on issues surrounding copyrights, trademarks, patents and trade secrets.

How do you know if something is intellectual property? ›

Intellectual property (IP) refers to creations of the mind: inventions; literary and artistic works; and symbols, images, names and logos used in commerce.

What are examples of works not protected by copyright? ›

For example, copyright does not protect factual information or data, titles, short word combinations, names, characters, slogans, themes, plots, or ideas. These may be used or copied without permission or payment of royalties (unless they happen to be protected under trademark law).

What is a real life example of intellectual property theft? ›

IP theft can refer to someone stealing patents, copyrights, trademarks, or trade secrets. This includes names, logos, symbols, inventions, client lists, and more.

What is the difference between copyright and intellectual property? ›

Intellectual property is protected by laws specific to the expression of an idea. Copyright is the law specific to the expression of ideas in visual or audio form. Unlike a trademark that indicates a specific item or design is protected, copyright covers a different expression of thought.

What is another word for intellectual property? ›

synonyms for intellectual property
  • IP.
  • copyright.
  • patent.
  • trade secret.
  • trademark.

What is not a type of intellectual property? ›

The correct option is Incubators and accelerators

It is covered by valuable patents, trademarks, and copyrights under law, allowing individuals to identify and benefit from the idea. Thus, Incubators and accelerators​ are not covered under this category.

What is the most powerful intellectual property? ›

First, patents are the most tangible form of intellectual property, they enjoy the strongest legal protection, and (except in the media and entertainment fields) they have the greatest effect on the commercial success and market value of companies today.

What are main threats to intellectual property? ›

While employee negligence that leads to intellectual property misuse should also be on your radar, it is intentional theft by people who work for or with your company that is the biggest threat. Intentional theft by employees or contractors is often motivated by malice.

What is a major intellectual property problem? ›

Plagiarism is a prominent issue when it comes to intellectual property rights problems. Plagiarism is the act of stealing another person's intellectual property and using it as one's own without giving any credit to the original author or inventor.

What are the most popular intellectual properties? ›

The three most common types of intellectual property are patents, trademarks and copyrights, and they each provide different and varying levels of protection.

What is intellectual property 3 examples? ›

The four main types of intellectual property are patents, trademarks, copyrights, and trade secrets.

Has anyone gone to jail for copyright infringement? ›

Artur Sargsyan, 30, of Glendale, California, was sentenced by U.S. District Judge Timothy C. Batten, Sr., to five years in prison to be followed by three years of supervised release, and ordered to pay restitution in the amount of $458,200. He was also ordered to forfeit $184,768.87.

How much can you copy without infringing copyright? ›

Text and Data

You can use up to 10%, but no more than 1000 words, of essays, articles, or stories, of a single copyrighted work. You can use up to 250 words of an entire poem, or a portion of a poem.

How can I protect my intellectual property without a patent? ›

If you determine that the invention is probably not patentable, the most effective way to protect yourself is to have prospective licensees sign a nondisclosure agreement before you reveal your invention. This document is sometimes called an "NDA" or a "confidentiality agreement," but the terms are similar.

How long in the US does copyright last? ›

As a general rule, for works created after January 1, 1978, copyright protection lasts for the life of the author plus an additional 70 years.

How do I protect my product from being copied? ›

There are steps that you can take to proactively protect your work and although nothing is a guarantee, these will help if your work is ever copied:
  1. Get A copyright on your work. ...
  2. Get your brand or product name trademarked. ...
  3. Send a cease and desist letter. ...
  4. Send a DMCA take down notice. ...
  5. File a lawsuit.
Sep 25, 2020

Is intellectual property automatically copyrighted? ›

In general, registration is voluntary. Copyright exists from the moment the work is created. You will have to register, however, if you wish to bring a lawsuit for infringement of a U.S. work.

Can I just put a copyright symbol on my work? ›

You can place the copyright symbol on any original piece of work you have created. However, it is important to note that adding the copyright symbol does not enhance your work's protection in any way. You are merely making a statement that you claim to own the copyright.

When you create something is it automatically copyrighted? ›

Copyright exists automatically in an original work of authorship once it is fixed, but a copyright owner can take steps to enhance the protections. The most important step is registering the work.

How does the US Constitution protect intellectual property? ›

Article I, Section 8, Clause 8, of the United States Constitution grants Congress the enumerated power "To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries."

What federal document protects all intellectual property? ›

Federal Copyrights

Copyright intellectual property laws protect “original works of authorship” which are “fixed in a tangible medium of expression.” The owner of a copyright, per the Copyright Act of 1976, has the exclusive right to control the use of the copyrighted work.

Does the First Amendment protect intellectual property? ›

Fair use prevents copyright from running afoul of the First Amendment. The Supreme Court has portrayed the concept of fair use as a way of preventing copyright protection from running afoul of the First Amendment's guarantees of freedom of speech and press.

Does the state or national government protect intellectual property? ›

Intellectual Property System and Laws. U.S. federal IP law is directly permitted by the Constitution for copyrights and patents. For trademarks and other forms of IP, the federal government only has the authority to make law via its ability to regulate commerce.

Is intellectual property a constitutional right? ›

The Supreme Court and lower federal courts in the 19th century protected intellectual property rights as property under the Constitution. Despite its lack of reference to long-standing precedents, the Court in recent decades has protected intellectual property rights under the Constitution.

What is an example of a violation of intellectual property rights? ›

Violations of intellectual property include: Creating a logo or name meant to confuse buyers into thinking they're buying the original brand. Recording video or music without authorization or copying copyrighted materials (yes, even on a photocopier, for private use)

Can intellectual property be legally protected? ›

IP is protected in law by, for example, patents, copyright and trademarks, which enable people to earn recognition or financial benefit from what they invent or create.

Who enforces intellectual property rights? ›


The USPTO and partner agencies provide online tools and information for how to protect and enforce intellectual property rights, but rights holders should seek legal advice from a licensed attorney. In the U.S., the IP rights-holder is responsible for civil enforcement of its rights.

How long does IP last? ›

Works that were created after January 1, 1978, by individuals will get protection for 95 years from the date of the first publication, or 120 years from the date of creation (whichever ends first).


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5. Intellectual Property Protection: Everything You Need to Know
6. IP - Intellectual Property Protection & Avoiding Infringement: Check First Before You Create
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