An Introduction to Intellectual Property (IP)
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On this page
- Before you begin …
- Canadian IP at a Glance
- Patents
- Trademarks
- Industrial Designs
- Copyright
- Integrated Circuit Topographies
- The IP behind the BlackBerry
- The Canadian IP System at a Glance
- Benefits of doing IP searches
- Contact us
Before you begin …
You are about to take a journey into the world of IP. The following presentation will introduce you to the strategic value of IP and how it applies to your research, your inventions or innovation, and your artistic creations.
You will learn about the five main types of intellectual property rights (IPRs) administered by the Canadian Intellectual Property Office (CIPO). CIPO plays a key role in supporting Canada's innovation and productivity by delivering and granting quality and timely IP rights.
Canadian IP at a Glance
Patents
- Walkie Talkie, Insulin Process
Trademarks
- BlackBerry, Beavertails
Copyright
- Recordings by The Tragically Hip, Anne of Green Gables (book content)
Industrial Designs
- Bombardier Snowmobile, Hockey Goalie Mask
Integrated Circuit Topography
- Canadarm (Mechanical arm)
Patents
New inventions or any new and useful improvement of an existing invention
- Novel: must be new, first in the world
- Useful: functional and operative
- Inventive: must show ingenuity and must not be obvious to someone of average skill in the field of invention
What Can You Patent?
Using a door lock as an example:
Car door lock
Patent number : CA 2590356
Filed by Zygmunt Dziwak in 2007
- A Product: a door lock
- A Composition: a chemical composition used in lubricants for door locks
- An Apparatus: a machine for making door locks
- A Process: a method for making door locks
… or an improvement on any of these
Did You Know That:
90% of patents are for improvements to existing patented inventions
Find three improvements
- Cheese (the plastic smells like cheese)
- The spring is longer
- Hook at the end of the arm
Famous Canadian patents: Snowmobile
"Some day, I will invent a little machine that will glide over the snow and will even allow me to go up hills."
J.Armand Bombardier
© Musée J. Armand Bombardier
The SKI-DOO ® snowmobile has made tracks since J.Armand Bombardier registered his first patent in 1937. Bombardier Recreational Products now has manufacturing facilities in six countries on three continents and the company's products are sold in more than 80 countries worldwide!
Patent application no. 367104
Registered June 29, 1937
Ontarian Alexander Graham Bell invents the telephone — the genesis of Bell Canada, originally founded in 1880 as the Bell Telephone Company of Canada Ltd
Alexander Graham Bell
Trademarks
A word (or words), a design, or a combination of these used to distinguish the goods and services of one person or organization from those of others in the marketplace
Look around you
… how many trademarks do you see everyday?
You might notice that some trademarks are followed by the symbols ® or ™.
Canada's Trade-marks Act does not contain any marking requirements. However, you may have come across the following symbols used by trademark owners, namely, ® (registered), TM (trademark), MD (marque déposée) or MC (marque de commerce). The ® or MD are generally used to identify a registered mark. The symbols TM or MC are generally used to identify an unregistered mark.
Trademarks can be used to uniquely identify goods and services
Petro-Canada holds the Team sponsorship rights for the Vancouver 2010 Olympic and Paralympic games. You will see this logo on our Canadian athletes.
A brand is a collection of perceptions in the mind of the consumer.
A trademark is a distinctive indicator which uniquely identifies a particular company, individual, or product/service.
Top Canadian Brands
Canadian brands | (in billions of dollars) |
---|---|
TD Bank | 10.8 |
Royal Bank of Canada | 10.5 |
Thomson Reuters | 8.3 |
Scotiabank | 7.7 |
Tim Hortons | 3.9 |
Bell Canada | 3.3 |
Shoppers Drug Mart/ Pharmaprix | 3.2 |
Rogers | 3.2 |
lululemon athletica | 2.9 |
Telus | 2.9 |
Source: Interbrand Canada 2014
Trademark protection
In today's competitive global marketplace, branding often becomes the most important aspect of a business or an organization.
Registering a trademark has important advantages in Canada:
- It provides proof of ownership
- It allows you to flag infringement under the Trademark Act
- It prevents others from adopting a similar trademark
- It can make licensing your products and services easier
Industrial Designs
The visual features of shape, configuration, pattern or ornament (or any combination of these features) applied to a finished article made by hand, tool or machine
Features that Appeal to the Eye
- Design must be original
- Can be two- or three-dimensional
Copyright
Rights derived from any original literary, dramatic, musical or artistic work can be registered from the moment this work is created
The World of Copyright
Copyright is automatic upon creation. However, it's a good idea to:
- Have your original work witnessed and dated
- Register your copyright
- Use proper marking for your copyright ©
- Document details of any collaboration in respect of the work
Copyright-Protected Canadian Works
- © Script
- © Cover
- © Movie scenes
- © Movie editing
- © Actor interpretation
- © Pictures
- © Cover
- © Pictures
- © Articles
- © Pictures
- © Lyrics
- © Music
- © Cover
Integrated Circuit Topographies
3-D configuration of electronic circuits embodied in integrated-circuit products or layout designs
Integrated Circuit Topographies (ICTs)
Used in many technologies, such as:
- Computers
- Automobiles
- Pacemakers
- Industrial robots
- Cameras
- Spacecraft
Canada's most famous robotic and technological achievement made its space debut on November 13, 1981.
The Canadarm is being used to install the shuttle docking port on MIR. Photo: NASA
The IP behind the BlackBerry
Patent
Patent CA 2508239
A display for a handheld computing device includes a display panel; a circuit board carrying display electronics for the display panel; a cover assembly securing the display panel to the circuit board; and a resilient layer adhered to the circuit board for securing the display to the computing device.
Inventors: HOLMES, CHEN, SIMŒS
Owner: RESEARCH IN MOTION LIMITED
Trademark
Trademark Registration TMA 659946
Goods/Services: Electronic handheld units.
Registrant : BlackBerry Limited
Industrial Design
Industrial Design Registration 125919
Title: Handheld Electronic Device.
Registrant: RESEARCH IN MOTION LIMITED
The Canadian IP system at a glance
Patents
Term
Up to 20 years after filing
Protection
Apply nationally
Protects against
Use, sale, manufacture
What is protected
Inventions
Trademarks
Term
Renewable 15-year period
Protection
Apply nationally
Protects against
Use
What is protected
Identity of your products and services: words and designs
Copyright
Term
Generally life plus 70 years
Protection
Automatic, apply internationally (but registration can be sought in Canada)
Protects against
Copying, reproducing
What is protected
Original literary, artistic, musical and dramatic works, and other subject matters: sound recordings, performances, communication signals
Industrial designs
Term
Up to 10 years
Protection
Apply nationally
Protects against
Manufacture, sale, rent or importation
What is protected
Visual appearance of a product: ornamentation, shape, pattern, configuration
Integrated circuit topographies
Term
10 years
Protection
Apply nationally
Protects against
Use, sale, manufacture
What is protected
Original integrated circuit layout designs
Benefits of doing IP searches
- Identify trends and new developments
- Generate new ideas
- Gain competitive intelligence
- License new products
- Solve technical problems
- Identify manufacturing partners
Visit www.cipo.ic.gc.ca to access CIPO IP databases.
Contact us
E-mail: ic.contact-contact.ic@canada.ca
Toll-free: 1-866-997-2476
Fax: 819-953-OPIC (6742)
http://www.cipo.ic.gc.ca