Skip to main content

Canadian IP System

In Canada, you can formally protect the value of your creations through 6 main types of IP rights. The criteria for ownership and protection are different for each type of IP:

 

  1. Patents
    • Term: Up to 20 years after filing
    • Protection: Apply nationally
    • Protects against: Use, sale, manufacture
    • What is protected: Inventions
  1. Trademarks
    • Term: Renewable 10-year period
    • Protection: Reputation or goodwill for a service or product in the geographic area (registration can be sought in Canada)
    • Protects against: Use
    • What is protected: Identity of your products and services: words, symbols and designs
  1. Copyrights
    • Term: Life plus 50 years
    • Protection: Work fixed in a tangible medium of expression (registration can be sought in Canada)
    • Protects against: Copying, reproducing
    • What is protected: Original literary, artistic, musical and dramatic works, and other subject matters, e.g.sound recordings, performances and communication signals
  1. Industrial Designs
    • Term: Up to 10 years
    • Protection: Apply nationally
    • Protects against: Rent or importation, sale, manufacture
    • What is protected: Visual appearance of a product: ornamentation, shape, pattern, configuration
  1. Integrated Circuit Topographies
    • Term: 10 years
    • Protection: Apply nationally
    • Protects against: Use, sale, manufacture
    • What is protected: Original integrated circuit layout designs
  1. Plant Breeders
    • Term: Up to 25 years for a variety of trees and vines and 20 years for all other varieties of plants
    • Protection: Apply nationally
    • Protects against: Sale
    • What is protected: New varieties of plants and their respective propagating material