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Why Intellectual Property (IP)MattersMay 2016
Catherine VardyBusiness Development Officer - Atlantic
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Objectives• Create awareness and learn
about IP & CIPO• Discuss some key IP messages
& strategies• Discover more IP resources
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Canadian Intellectual Property Office (CIPO)
• Our Office• What we do• What other countries do• Resources
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Intellectual Property (IP):
“Intellectual property (IP) refers to creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names, and images used in commerce.”Source: http://www.wipo.int/about-ip/en/
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Main Forms of Canadian IP
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Trade SecretsAny confidential information used in a business that provides a competitive edge and that is kept secret.
• Product information• Business information• Protect confidentiality• Disadvantages (public disclosure,
independent discovery, reverse engineering…)
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Trademarks
• Word(s) KODIAK
• Word and design• Design
• Slogan “ZOOM-ZOOM”
Reproduction courtesy of Kodiak Group Inc.; Hasbro, Inc.; Schering-Plough Healthcare Products, Inc. All rights reserved; Mazda Motor Corporation.
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Trademarks (cont’d)• Shape
• Sound
• Certification mark Reproduction courtesy of (bottle & design) Coca-Cola Ltd.; Metro-Goldwyn-Mayer Studios Inc.; (Woolmark design) The Woolmark Company.
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In today’s competitive global marketplace, branding often becomes the most important aspect of a business or an organization.
Registering a trade-mark has important advantages in Canada:• It provides proof of ownership• It allows you to flag infringement under the Trade-marks Act • It prevents others from adopting a similar trade-mark• It makes licensing your products and services easier
Trade-mark protection
The “deal” of the PatentThe owner provides a full public disclosure of the invention.
The Canadian government provides a grant of exclusive rights in Canada to the owner for 20 years from the date of filing.
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Requirements for PatentabilityNew 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
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Did you know?
90%of patents are for
improvements to existing patented inventions
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Copyright
• Protects authors of “original works” including literary, dramatic, musical, artistic and certain other intellectual works (including computer code)
• Protection in Canada is generally the life of the author + 50 years (many variations)
• © 2015, John Doe
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The World of CopyrightsCopyright 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
Moral Rights
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• Rights an author retains over the integrity of a work
• Moral rights can be waived but cannot be assigned
• e.g. Snow v. Eaton Centre Ltd.
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Industrial Design• Intended to protect product features which appeal
to the eye• Protection varies by jurisdiction - up to 10 years in
Canada• A design must be new and original – sufficiently
distinct so as not to resemble a design already registered
E.g.. Application/Registration number: 154522
Owner: Ferrari S.P.A
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Summary of some IP FormsProtect Application
required Term
Trade secrets Confidential information N/A indefinite
Patents Inventions yes Up to 20 years from date of filing
Trademarks Words, logos, slogans, sounds recommended 15 years,
renewable
Copyrights Writings, music, art, plays, etc. recommended life + 50 years
(many exceptions)
Industrial designs Visual features yes up to 10 years
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How Does IP Affect Entrepreneurs?
Information in CIPO Databaseswww.cipo.ic.gc
• Ownership• Contact
information• Title / Mark• Claims / Goods /
Services• Prior art• Dates
• Restrictions• Status• History• Drawings• Standards• Particulars of IP
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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 the CIPO IP databases
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Key IP Messages
• IP is Important• IP is a Business Tool• Plan an IP Strategy
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An IP Strategy may Include:
• Business objective(s)• Key partners (internal and external)• Revenues and expenses• Key activities• Management • Etc.
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Use IP to Reach Business Objectives
Threats and opportunities
IP portfoli
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• brand building, • product differentiation,• product positioning,• customer loyalty, • exclusivity, • research, • business
opportunities, • valuation, • sale of asset, • finding partners, • funding, • certifications, • other…
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Some Caution• Look for accurate information• Keep quiet• Distinctiveness/use • Appeal to the eye• Novelty/originality• Policing and control of rights• Moral rights • Add IP to meeting agendas• More…..
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Next Steps – Walking the Talk• Learn more• Visit the various sections of our website• Get a better understanding of IP language• Gather some business intelligence and try
a search in our databases• Review what you find• Ask more questions• Invite us back for another session
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CIPO Resources www.cipo.ic.gc.ca
• Client Service Centre• IP Presentations & Training• Bank of Speakers Program• IP Case Study Facilitation• Website Information & Tools• Business Development Officers
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Summary• Created awareness and learned
about IP and CIPO• Discussed some key IP messages• Discovered some IP resources
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Business Development OfficersAtlantic:
• Cécile Klein : [email protected] / 902-426-2172• Catherine Vardy : [email protected] / 902-426-2172
Québec: • Caroline Lefebvre: [email protected] / 819-743-3350
Ontario:• Alexis Black : [email protected] / • Elizabeth Collinson: [email protected] / 613-639-
0279• Dumitru Olariu: [email protected] / 519-259-8155
Pacific: • Ian Bell: [email protected] / Tel: 604-666-5684
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Contact Us
1-866-997-1936
www.cipo.ic.gc.ca
