IP in Canada

Author John Picken Licence CC BY 2.0 Source Wikimedia Commons

Jane Lambert

On 30 Jan 2023, I discussed the Intellectual Property Office's guidance on  IP in New Zealand  (see IP in New Zealand).  The IPO has published similar guidance entitled IP in Canada.  Like the New Zealand guidance, it covers trade marks, patents, designs, copyrights and enforcement.  It has links to the Department for International Trade's Exporting Guide to Canada and Report a Trade Barrier pages, the British Canadian Chamber of Trade and Commerce and the UK's IP attaché for North America at the British embassy in Washington DC.

The guidance states that the intellectual property authority for Canada is the Canadian Intellectual Property Office ("CIPO").   According to its home page, CIPO is a special operating agency of Innovation, Science and Economic Development Canada which delivers intellectual property services in Canada and educates Canadians on how to use IP more effectively.  Its services include examining applications for patents, trade marks and industrial designs and the registration of copyrights and integrated circuit topographies. Its education, tools and resources include information on green technology. managing IP, data and research, an IP academy, an IP hub, an IP toolbox, events, webinars and seminars, a newsletter and other publications.  CIPO also publishes several blogs.

It would appear from the guidance that Canadian trade mark, patent, industrial designs and copyright laws are similar to ours.  The main differences seem to be a grace period for patents and a registration system for copyrights,  Applications for patents, trade marks and designs can be made directly to CIPO or through international conventions.

Infringement actions can be brought in the civil courts although the guidance warns that litigation is expensive and time-consuming.   Arbitration, mediation and expert determination are also available,  Information on enforcement can be obtained from the IPHub Enforcement/Infringement.  The Canadian Border Services Agency can intercept and detain counterfeit goods or pirate copies of copyright works.

Anyone wishing to discuss this topic further should call me at +44 (0)20 7404 5252 during office hours or send me a message through my contact form at other times.