Entrepreneurial immigrants who relocate to Canada with the intention of developing and launching a business should be familiar with Canadian intellectual property law in order to safeguard their company and their intellectual property.
A number of things can be considered intellectual property, such as innovations, cutting-edge technology, fresh brands, proprietary software, cutting-edge designs, one-of-a-kind methods, and so on. According to the website of the Canadian government, it is vital to employ intellectual property wisely in order to manage a firm. As well as, 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.
Patents
Inventors have the right, under a patent, to prevent other people from creating, using, or selling their invention from the moment the patent is granted for up to 20 years following the submission of the application. Patents granted by Canada carry exclusive rights within the country and are not transferrable to other nations. The same is true for inventions in Canada that are not protected by foreign patents.
Whoever submits the first patent application for an invention wins the patent. You should therefore file as soon as possible if someone else is following the same path.
Patent protection is available for inventions that meet the following criteria:
- New – a world first
- Useful – functional and operative
- Inventive – not obvious to an average skilled worker who works in your field but shows ingenuity
Also, the invention must meet the following requirements:
- A machine
- A product
- A process
- An improvement in any of these
- A product
Your patented innovation is infringed upon if it is created, used, or sold without your consent in Canada. If your patent has been violated, you might be able to sue for damages.
According to the Patent Act, articles are not required to be patented. You may wish to indicate your innovation as “Patent pending” or “Patent applied for” after you submit your application. 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.
Trademarks
A trademark identifies a company’s products or services as different from those of other companies through a combination of letters, words, sounds, or visual elements. Trademarks in Canada are granted ten years of renewed exclusivity when they are registered.
Eventually, a trademark may serve both as an indication of the manufacturer’s reputation and of the actual goods and services offered by the company.
Trademarks can be divided into two types:
- An ordinary trademark encompasses various elements such as words, designs, tastes, textures, moving images, packaging styles, holograms, sounds, scents, three-dimensional shapes, colors, or a blend of these. These distinctive characteristics are utilized to differentiate the goods or services provided by one individual or organization from those of others.
- A certification mark is a symbol that can be licensed to multiple individuals or companies to indicate that specific goods or services adhere to a predetermined standard.
An important first step is to search the Canadian Trademarks Database to ensure your trademark is not confusing with someone else’s. A trademark infringement conviction can result in a court case being filed against you.
Copyright
Creative, artistic, dramatic, or musical works are protected by copyright, which allows them to be created, duplicated, published, or performed. Copyrights are typically owned by the creator of the work. Employers are generally entitled to copyright in works produced by their employees unless there is a written agreement to the contrary.
As long as original creative works adhere to the provisions of the Copyright Act, they are protected by Canadian law. You can decide how a piece of work is used if you own the copyright. And anyone else using it needs your permission.
Original works are protected by copyright from the moment they are created. Copyright can be proved in court by registering it with the Canadian Intellectual Property Office, which gives you a certificate of ownership.
As a Canadian, your copyright protects you both during your lifetime and for 70 years after your death. Anyone can use the work after your passing, as it belongs to the public.
Move to Canada as an entrepreneur
Entrepreneurs who wish to start and develop new businesses in Canada have numerous immigration options.
As part of the Federal Start-Up Visa Program, immigrants are encouraged to expand their businesses in Canada. In addition to funding, knowledge, and advice for starting and running their business. Successful applicants are connected with Canadian private-sector organizations. As part of its efforts to fill employment gaps in the domestic labor market. Canada is looking for entrepreneurs who are able to build creative businesses that can compete globally.
PNPs (Provincial Nominee Programs) in Canadian provinces are available for a variety of entrepreneurs. This criterion can help immigrants locate in a certain province.
Businesses and managers in Quebec that can start, purchase, or expand their businesses can apply for “Quebec Entrepreneur.”