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Intellectual Property

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Intellectual Property, or IP, as it is colloquially called, is characterised as legal protection for commercially precious products of human intellect. There are, generally, three forms of IP: patents, copyrights and trademarks. Although these articles are similar many some ways, they each have individual idiosyncrasies and definitions which make them unique. Perhaps most importantly, there is no physicality to intellectual property. If effectively safeguards an intangible idea or process.

Patents

Generally speaking, patents are granted to inventors for inventions. These can include anything from machinery, tools, processes, chemicals, biotechnology, software, etc.

To qualify for a patent, an inventor must invariably create something that is:

• Of patentable matter
• Unique to patentee
• Merited and can be utilised
• Innovative
• Non-obvious

Under a patent, the patentee reserves the right stop or limit others from utilising and trading the invention. Without explicit permission from the patentee, persons using the patent in any of these ways are infringing, and could be subjected to legal action.

Applying for a Patent

Patents are granted by the government for inventions that satisfy the criteria pertaining to the Patent Act. It excludes everyone other than the Patentee from making, using or selling the protected invention.

Canada subscribes to both the Paris Convention and General Agreements on Tariffs and Trade. It is also signatory of the North American Free Trade Agreement, Budapest Treaty and Patent Cooperation Treaty.

Trademarks

Trademarks are used to denote epithets, logos, symbols, slogans, etc, that are individual to a business and product. Fundamentally, the things that distinguish your product or service from a competitor's. Businesses understandably go to endless lengths to have control over their trademarks. Therefore, any persons found infringing upon them through unlawful use could be subject to legal action.

Famous examples of trademarks are Coca Cola and McDonald's.

Applying for a Trademark

Canada neither subscribes to the Nice Treaty nor the Madrid Protocol. Registration is governed by the Trademarks Act. The first person or entity to use or adopt a trademark is commonly prioritised for registration, regardless if someone else attempts to apply for the name first.

Anyone whom has applied for a trademark in their country of origin may be eligible to treat any foreign application as a Canadian one under the Paris Convention or World Trade Organisation, providing it is done within six months of the priority date.

Copyright

Copyright gives someone to sell and reproduce a protected product, which is invariably printed work. Things like books, magazines, websites, photographs, music, film and art are common examples of copyrighted work. Copyright denotes five rights of the author, artist, etc: reproduction, distribution, adaptation, performance and display. Use of such materials or works without the explicit permission of the copyright holder is classed as infringement, and persons doing so could be subject to legal action.

Registration Office
Canadian Intellectual Property Office
Place du Portage
50 Victoria Street
Room C-114
Gatineau
Quebec
K1A OC9
Telephone: +1 866 997 1936
Fax: +1 819 953 2476
Website: www.patents.ic.gc.ca/cipo/cpd/en/introduction.html

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