Canada Intellectual Property Law Resource Guide for Entrepreneur: In order to safeguard their company and intellectual assets, immigrant entrepreneurs who relocate to Canada to create and launch a firm need to be conversant with Canadian intellectual property legislation.
Intellectual property might include innovations, cutting-edge technology, fresh brands, proprietary software, cutting-edge designs, one-of-a-kind methods, and more. According to the website of the Canadian government, it is vital to employ intellectual property wisely to manage a firm, and protecting these assets can provide companies with a competitive edge in the market.
Applying for a patent, trademark, or copyright registration in Canada is one way to safeguard your intellectual property.
The government grants the inventor the right to prevent others from creating, using, or selling an invention through the use of a patent from the day the patent is granted up to 20 years after the day the application was submitted. A Canadian patent confers rights that apply exclusively within Canada and not to other nations. Similarly, an invention in Canada is not covered by a foreign patent.
The patent belongs to the person who submits a patent application for an invention first. This means that in case someone else is on a similar path, you should file as soon as feasible.
A piece of invention qualifies for patent protection if:
- The invention is new and has never been introduced before.
- The invention is useful, and it is working properly.
- Showing originality and a level of inventiveness that would surprise a person with typical expertise in the sector
The invention must additionally:
- A product
- A composition
- A device
- A procedure
- A step up from any of these
If someone creates, uses, or sells your patented innovation in Canada without your consent, that is considered patent infringement. You might be eligible to file a lawsuit for damages if you think your patent has been violated.
Articles do not need to be designated “patented” according to the Patent Act. After you have submitted your application, you might want to indicate that your innovation is “Patent applied for” or “Patent pending.” It may serve as a warning to others that you will be able to enforce your exclusive right to make the innovation once a patent is awarded, even though these terms have no legal significance.
For further information, go to the Government of Canada’s page on patents.
A trademark is a grouping of letters, words, sounds, or visual elements that sets one company’s products or services apart from those of other businesses. When you register a trademark, you are given ten years of renewed exclusivity to use it in Canada.
Over time, a trademark may come to represent both the reputation of the manufacturer and the actual goods and services that a person or business offers.
Trademarks come in two varieties:
- Ordinary Trademark: To differentiate the goods or services of one person or organization from those of competitors, a trademark may consist of words, designs, tastes, textures, moving images, modes of packaging, holograms, sounds, scents, three-dimensional shapes, colors, or a combination of these.
- Certification Mark: A certification mark can be issued to numerous individuals or businesses in order to demonstrate that specific products or services adhere to a specified standard.
To be sure your trademark cannot be confused with someone else’s before submitting a trademark application, a useful initial step is to search the Canadian Trademarks Database. If it does, you can be found guilty of trademark infringement and sent to court.
For more information, go to the trademarks section of the Government of Canada website.
Copyright The sole legal authority to create, duplicate, publish, or perform a unique literary, artistic, theatrical, or musical work is known as copyright. The copyright owner is typically the person who created the work. However, unless there is a written agreement to the contrary, an employer may have a copyright in works produced by employees.
All original creative works are protected by Canadian law if they adhere to the guidelines outlined in the Copyright Act. Owning the copyright to a piece of work gives you authority over how it is used, and anyone else who wants to use it must get your permission first.
In most cases, the moment you create a unique work, it is copyright protected. When you register your copyright, the Canadian Intellectual Property Office issues you a certificate that can be used as ownership proof in court.
In Canada, you have a copyright both while alive and for 70 years after your passing. The work is in the public domain after your passing, so anyone may use it.
For more information, go to the copyright reference page of the Canadian government.
How to enter Canada as a businessperson
Numerous immigration alternatives are available to immigrant entrepreneurs who want to move to Canada to start and develop a new business concept.
Immigrant business owners are encouraged to expand in Canada under the Federal Start-Up Visa Program. Successful applicants are connected with Canadian private sector groups where they can obtain funding, knowledge, and advice for beginning and running their businesses. Canada seeks entrepreneurs with the ability to establish creative businesses that can fill employment gaps in the domestic labor market and compete globally.
A variety of entrepreneur categories are available through the Provincial Nominee Programs (PNP) in Canadian provinces. Immigrant entrepreneurs can locate in a certain province using these criteria. PNP is an easier way to Canadian Immigration.
For eligible business owners and managers who can start or buy an industrial, commercial, or agricultural enterprise in Quebec, there is a category called “Quebec Entrepreneur.”
- Protect intellectual property.
- Preserve their company’s assets.
- Patent protection for 20 years.
- Trademark rights for 10 years.
- Copyright for 70 years.