An application for trade-mark or copyright registration may be considered abandoned if the applicant does not take steps to complete the process. An application for Industrial design will be considered abandoned if the applicant fails to reply within the specified time to any report that sets out objections to registration.
A brief summary of an invention.
Abuse of Patent
Abusing one's patent rights by failing to make one's invention commercially available in Canada without adequate reason.
The Canadian Patent Office Record is a weekly publication that contains various important notices and information on newly issued patents, laid-open applications, Patent Cooperation Treaty (PCT) applications entering the national phase, and patents that are available for licence or sale.
A reprography collective that grants licences to photocopy works and collects fees on behalf of its members.
Marks identifying goods or services meeting a defined standard (e.g., Wool Mark on clothing).
The basis for filing an application that allows for the determination of the person entitled to the registration of the mark.
A mark that clearly describes a feature of a ware or service and that is therefore not registrable as a trade-mark.
Organization that administers rights granted by the copyright system on behalf of copyright owners who have joined that collective.
The right granted by the Comissioner of Patents to one or more parties to produce a patented invention. These are granted under certain circumstances as a measure against abuse of patent rights.
Provide protection for literary, artistic, dramatic or musical works,computer programs, and sound recordings.
Federal legislation governing copyright in Canada.
Copyright Board of Canada
A tribunal that reviews and must approve all tariffs and fees proposed by the SOCAN, the Canadian performing rights society. The Board can also set royalties when asked to do so by either a collective or a user of a collective's repertoire.
Violation of copyright through unauthorized copying or use of a work or other subject matter under copyright.
The federal government office responsible for registering copyrights and agreements affecting a copyright in Canada.
Copyright of works prepared for or published by the government, i.e., government publications.
A mark that deceptively misdescribes a feature of a ware or service in such a way as to potentially mislead the consumer is not registrable as a trade-mark.
Formal statement that you are the proprietor of the design and that, to your knowledge, no one else was using the design when you created it.
Formal statement that the applicant is the author, the owner of the work, an assignee or a person to whom an interest in the copyright has been granted by licence.
A description is a basic requirement of an application for an industrial design. It identifies the features of shape, configuration, pattern or ornament that distinguish the design, and indicates whether the design resides in the entire article or a portion.
The term used in the United States to describe a form of protection similar to that of industrial design protection in Canada.
A statement that the applicant does not claim exclusive rights for a portion of the trade-mark.
The unique shape of a product or package that can be registered as a trade-mark.
Includes plays, screenplays, scripts, films, videos and choreographic works as well as translations of such works.
The process through which the Trade-marks Office determines whether an application for trade-mark is registrable.
The process through which the Industrial Design Office determines whether a design warrants registration. The main objective is to determine whether the design is indeed design subject matter, that it is original, and that the documentation meets the requirements of the Acts and Rules.
A provision in a copyright law permitting the use of a work by defined user groups without the consent of its creator or without the payment of royalties, conditions that would normally constitute an infringement of copyright. Examples of user groups benefitting from exceptions are educational institutions, libraries, museums, archives and persons with a perceptual disability.
Use of works for purposes of private study, research, criticism, review or news reporting that does not constitute infringement of copyright.
Specific sums payable for various services provided by CIPO.
First to file
A patent system in which the first inventor to file a patent application for a specific invention is entitled to the patent. In Canada and in most other countries, the first person to file has priority over other people claiming rights for the same invention.
Work consisting of text such as novels, poems, song lyrics without music, catalogues, reports, tables as well as translations of such works. It also includes computer programs.
Legal agreement granting someone permission to use a work for certain purposes or under certain conditions. A licence does not constitute a change in ownership of the copyright.
If an entity is licensed by or with the authority of the owner to use the mark, and the owner has direct or indirect control over the character or quality of the wares or services with which the mark is used, then the licensee's use of the mark or a trade-name including the mark is deemed to have, and to always have had, the same effect as use by the owner.
Licensing a design
Granting of an exclusive licence from the owner of the design to another party that allows said party to manufacture, use and sell the design, and to sub-licence others to do so.
Licencing an invention
Allowing a business or individual to manufacture and sell an invention, usually in exchange for royalties.
Signalling that a design is registered by placing a capital "D" in a circle along with the name, or abbreviation thereof, of the design's proprietor on the object to which the design has been applied, or to its label or packaging.
Canada's Trade-marks Act does not contain any marking requirements. However, trade-mark owners often indicate their registration through certain symbols, such as R in a circle (registered), TM (trade-mark), SM (service mark), MD (marque déposée) or MC (marque de commerce). (See Guide to Trade-marks for more information on marking.)
Rights an author retains over the integrity of a work and the right to be named as its author even after sale or transfer of the copyright.
Work that consists of music plus lyrics or music only.
A label sometimes affixed to new products informing others that the inventor has applied for a patent and that legal protection from infringement (including retroactive rights) may be forthcoming.
PCT Sequence Listing Standard
The Standard for the Presentation of Nucleotide Amino Acid Sequence Listings in International Patent Applications under the PCT provided for in the Administrative Instructions under the Patent Cooperation Treaty.
Performers and producers rights
A term used to indicate rights of performers and sound recording producers to be remunerated when their performances and sound recordings are performed publicly or broadcast. Also referred to as "neighbouring rights".
Performing Rights Society
An organization that administers rights to perform musical works on behalf of composers, lyricists, songwriters and music publishers. (See SOCAN.)
Using the work (or part of it) of another person and claiming it as your own.
A work that is published for the first time (or, for certain types of works, published, performed or delivered in public for the first time) after the author's death.
An explanation, in a patent application, of the most appropriate and useful practical applications of an invention.
Industrial Design : The body of registered industrial designs or other published designs including catalogues, manuals and other publications throughout the world relevant to the application for registration of a design.
Copying of pre-recorded musical works, performers' performances and sound recordings into a blank medium, such as audio tape or cassette, for personal use.
Private Copying Levy
An amount of money established by the Copyright Board on blank recording media, whether made here or imported, by manufacturers and importers and is then sold in Canada redistributed to eligible composers, lyricists, performers and sound recording makers through their professional associations and collectives.
All the steps involved in completing a patent application.
The proprietor of an industrial design is the owner of the design. This can be the person who created it or who paid to have it created or who bought the design rights from the original owner.
Making copies of a work available to the public. The construction of an architectural work and the incorporation of an artistic work into an architectural work are considered publication.
Plant breeders' denomination
A plant variety denomination is a right that is granted to the owner for the control over the multiplication and sale of reproductive material for a particular plant variety.
Place of origin
A word or depiction that designates the origin of a product or service and that therefore may not be registered as a trade-mark.
The search of Trade-marks Office records that one should undertake before submitting an application for trade-mark registration. The search may turn up conflicting trade-marks and show that the application process would be in vain.
Marks that are specifically prohibited from use as defined in section 9(1) of the Trade-marks Act
A statement indicating intention to use a certain trade-mark and how that use will occur.
Protected geographical indication
A geographical indication is an indication that identifies a wine or spirit as originating from a territory where a quality, reputation or other characteristics of the wine or spirit are essentially attributable to its geographical origin and that is listed on the List of Geographical Indications kept by the Registrar.
The act of searching through intellectual property records in order to verify whether a patent, trade-mark or industrial design has been previously filed or registered.
Has the same meaning as in the PCT sequence listing standard.
In respect of an invention, means an entity that employs 50 or fewer employees or that is a university, but does not include an entity that:
is controlled directly or indirectly by an entity, other than a university, that employes more than 50 employees; or
has transferred or licensed or has an obligation, other than a contingent obligation, to transfer or license any right in the invention to an entity, other than a university, that employs more than 50 employees.
Part of the patent application. It includes a detailed description of the invention, claims specifying the aspects of the invention for which protection is sought, and the extent of the protection being sought