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Intellectual Property

There are five main types of intellectual property - patents, copyrights, trade-marks, industrial designs and integrated circuit topographies. Each provides a specific type of protection and it is not unusual to employ more than one form to protect an original creation. For example, if you have invented a board game, you may obtain industrial design protection along with copyright and trade-mark protection. A brief description of each is listed below along with links to detailed information.

Another form of intellectual property is Plant Breeder's Rights which is overseen by the Canadian Food Inspection Agency.

What does each form of intellectual property protect?

Patents protect inventions that are new, serve a useful purpose and demonstrate innovative thinking. An invention can be a product, process, composition, or apparatus, or an improvement on any of these.

Copyrights protect original literary, artistic, dramatic or musical works. Examples include books and other writings, music, sculptures, paintings, photographs, films, plays, television and radio programs, and computer programs. Copyright does not cover themes, ideas, most titles, names, catch-phrases and other short-word combinations of no real substance.

Trade-marks protect words, symbols or designs, or a combination of these items used to distinguish the goods or services of one person or company from those of another.

Industrial designs protect the shape, configuration, pattern or ornament (or any combination thereof) applied to a finished article. It may be, for example, the shape of a table or the ornamentation on the handle of a spoon. The article can be made by hand, tool or machine.

Integrated circuit topographies cover the three-dimensional configuration of electronic circuits used in microchips and semiconductor chips. Protection can extend to the layout design as well as to the finished product. This form of protection also supplements any patent protection obtained for the circuit itself.

Plant breeders' rights permit plant breeders to legally protect new varieties of plants. All plant species except algae, bacteria and fungi are eligible for protection. For detailed information, visit the Canadian Food Inspection Agency's plant breeders' rights information page.

See also:


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