Intellectual Property

Nearly all business transactions and new product launches have intellectual property implications. Canadian federal law governs almost all intellectual property in Canada. Federal statute law regulates patents, trademarks, copyright and moral rights, industrial designs, topography rights and plant breeders’ rights.

The Canadian provinces regulate personality rights and use of confidential information. Provincial law also governs trade names and contracts related to intellectual property, such as transfers, licenses and security interests.

Canadian Intellectual Property Office (CIPO)
The Canadian Intellectual Property Office (CIPO) is responsible for the administration and processing of most intellectual property law in Canada. CIPO's areas of activity include:

• Patents that cover new inventions (process, machine, manufacture, composition of matter), or any new and useful improvement of an existing invention.
• Trademarks are words, symbols or designs used to distinguish the wares or services of one person or organization from those of others in the marketplace.
• Copyrights provide protection for artistic, dramatic, musical or literary works (including computer programs). They also include performances, sound recordings and communication signals.
• Industrial designs are the visual features applied to a finished manufactured article. For example, the shape, configuration, pattern or ornament, or any combination of these features of an object.
• Integrated circuit topographies refer to the three-dimensional configurations of electronic circuits found in integrated circuit products or layout designs.

Frequently asked questions for this section:

• Where can I find more information about laws and regulations related to the various forms of intellectual property in Canada?
• How do I obtain a patent?
• Is the copyright of a Canadian author valid in foreign countries? And, is the copyright of a foreign author valid in Canada?
• Does registration in Canada protect my rights in other countries?
• Do I need to register an industrial design in order to be protected? Is there a time limit for filing an application for registration?
• May non-Canadians register their designs in Canada?
• Why obtain Integrated Circuit Topography (ICT) registration? How long is registration effective?

Privacy Legislation

Canada ’s federal privacy legislation is known as the Personal Information Protection and Electronic Documents Act (PIPEDA) and is now in effect for all organizations in Canada.

As of January 1, 2004, all collection, use or disclosure of personal information in the course of a commercial activity is subject to PIPEDA. All organizations must comply with certain rules when collecting, using, storing or disclosing personal information.

To understand and meet your obligations under PIPEDA, visit the official PIPEDA Guide for Businesses and Organizations.

Frequently asked questions for this section:

• Where can I find more information on privacy legislation in Canada?