This web page offers sensible info that will help you benefit from your IP when doing enterprise in Canada.
If you intend to do enterprise in Canada, or if you’re already buying and selling there, it’s important to know how one can handle and implement your IP as non-public property rights.
British companies on the lookout for entry to IP steering and help can contact our North America IP Attaché, based mostly in the British Embassy, Washington D.C.
The Canadian Intellectual Property Office (CIPO) is the physique accountable for working the patent, industrial designs, copyright and commerce mark system in Canada.
Trademarks
The Canadian commerce mark system is just like the UK’s. Trade marks defend symbols, colors or different units used to determine a enterprise’ services or products. A commerce mark is legitimate for 10 years, it could also be renewed indefinitely for additional 10-yr intervals.
To defend a commerce mark in Canada you may:
- File an utility on to CIPO.
- Make a world commerce mark utility and choose Canada as a delegated nation. More info on worldwide commerce marks might be discovered in the protective your commerce mark overseas web page.
Good to know
There are not any restrictions concerning nationality or residency.
Patents
Like in the UK, innovations might be protected by means of patents for as much as 20 years in Canada. All patent rights in Canada are topic to the fee of annual charges after they’ve been granted.
To defend your invention with a patent in Canada you may:
- File an utility on to CIPO.
- File a world patent utility and choose Canada as a delegated nation. This can scale back the price and energy of making use of for patents in a number of international locations. More info on worldwide patents might be discovered in the protective you patents overseas web page.
Good to know
Like in the UK, Canada operates a ‘first to file’ precept. If two folks submit an utility for a patent for an similar invention, with an identically accomplished utility and paperwork submitted, the primary one to file the applying can be awarded the patent assuming it fulfils all of the patentability standards.
Canada does function a grace interval the place you may register a patent inside 12 months of a public disclosure (below sure circumstances). However, you will need to be aware that use of a grace interval overseas could limit your potential to guard your invention in international locations that don’t function a 12-month grace interval, together with the UK.
There are not any restrictions concerning nationality or residency.
You can file a patent your self in Canada, however it is strongly recommended that you just search recommendation from an IP skilled.
Designs
In Canada, design safety initially lasts for five years and might be prolonged for added 5-yr intervals for a most of 15 years.
To defend your design in Canada you may:
- File an utility on to CIPO.
- File a world design utility and choose Canada as a delegated nation. This can scale back the price and energy of making use of for designs in a number of international locations. More info on worldwide designs might be discovered in the protective your designs overseas web page.
Good to know
There are not any restrictions concerning nationality or residency.
Canada does function a grace interval the place you may register a patent inside 12 months of a public disclosure (below sure circumstances). However, you will need to be aware that use of a grace interval overseas could limit your potential to guard your invention in international locations that don’t function a 12-month grace interval, together with the UK.
Copyright
As in the UK, copyright is an automated proper below Canadian legislation, which is run by CIPO.
Copyright in Canada protects works which can be authentic and expressed in a tangible type, for instance, recorded on tape or written down.
The size of safety lasts for the lifetime of the creator + 70 years, counted from 1 January of the yr following the creator’s loss of life.
Good to know
It is advisable that copyrighted works are registered at CIPO for a payment. Copyright registration is voluntary however helps to supply proof of copyright possession earlier than a court docket or related enforcement authorities.
Enforcing your rights
IP enforcement is mostly efficient in Canada. If your IP rights are infringed, there are other ways that you could be look to implement them. Litigation (court docket motion) is probably the most generally identified technique; nevertheless, this may typically be very time consuming and costly. Alternative enforcement routes embody mediation, arbitration and skilled dedication.
CIPO has helpful steering on infringement of IP and imposing your rights. Read: Enforcement/Infringement – IP Hub CIPO.
If you think items infringing your commerce mark, copyright or geographical indicator are being imported into Canada, you may request help from the Canada Border Security Services Agency (CBSA).
More info
Visit these pages for extra details about exporting to Canada and to report a market entry barrier on IP in Canada.
The British Canadian Chamber of Trade and Commerce (BCCTC), present a wide range of enterprise recommendation, companies, and help to companies in Canada.
IP in Canada – GOV.UK
IP in Canada – GOV.UK
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IP in Canada – GOV.UK