Information On Intellectual Property Law For Entrepreneurs In Canada: Suppose you want to go to Canada as an immigrant entrepreneur to start or develop a business. In that case, you must know the intellectual property law to protect your intellectual assets and business. The intellectual assets include new brands, technologies, inventions, novel designs, unique processes, original software, and more. This article will provide information on intellectual property law for entrepreneurs In Canada.
Information On Intellectual Property Law For Entrepreneurs In Canada
The Canadian government website says that strategically using all these intellectual assets is important to running any business, and protecting all these assets can provide companies with a competitive benefit in the marketplace. You can fill out a patent, trademark or copyright registration to protect your intellectual property in Canada.
Patent
The Canadian government offers the right to entrepreneurs to prevent their property from others from using, selling, or making an invention from the day the patent is given up to a max of 20 years after the day the application form is filed. The rights are given by a Canadian patent to all of Canada but not to other nations. Also, foreign patents do not save an invention in Canada.
The first to file a patent application form for an invention is permitted to the patent. You should apply soon in case somebody else is on a similar path. The invention is eligible for patent security if it is:
- New – first in the world
- Useful – functional and operational
- Inventive – that shows originality and is not clear to an individual of average skill performing in the occupation of your invention.
The invention must also be:
- A product
- A composition
- A machine
- A process
- An improvement in any of these
A patent violation happens if somebody uses, makes, or sells your patented invention without your permission in Canada. If your patent has been violated, you can appeal for damages. The Patent Law does not need items marked as patented. After submitting your application, you can mark all your inventions as “Patent Pending” or “Patent Applied.” Also, these terms have no legal effect, and they can warn others that you can claim all your exclusive rights to make the invention once your patent is given.
Trademarks
A Trademark is a combination of words, letters, designs, or sounds that distinguishes a company’s services or products from others in the marketplace. Registering your trademarks provides you the right to use them throughout Canada for ten years and is renewable.
A trademark can show not only the services and goods provided by a company or a person but also the producer’s reputation. Here are two types of marks:
- An ordinary mark: It includes the designs, words, textures, flavors, mode of presentation, moving images, sounds, holograms, scents, colors, three-dimensional shapes, or a combination of these used to distinguish the services or gods of one organization and person from those of others.
- To certification mark: Many companies or people can be licensed to show that the services and goods complete a defined standard.
Before filling out a trademark application, the first step is to research a good Canadian trademark database to ensure it is distinct from someone else’s. If you do, you could intrude on someone else’s trademark and end up in court.
Copyright
The legal right is to publish, produce, reproduce, or perform an original dramatic, artistic, or musical work. The creator of the work is normally the copyright owner. However, an employer or a person may own the copyright in works unless there is an agreement to the contrary.
Canadian law saves all the original creative works as long as they complete all the requirements given in the copyright act. When you have the copyright, you can control how it is used. If other people like to use your work, they need your permission.
An original work is automatically saved by copyrights when you make it. After registering the copyrights, you receive a certificate from the Canadian Intellectual Property Office, which can be used as proof of ownership in court.
In Canada, your copyrights exist for a lifetime and for 70 years after your death. After your death, it is in the public domain, meaning anybody can use it.
So, it is all about information on intellectual property law for entrepreneurs In Canada.
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Source:- thecanadian.news
