Guidance: IP in Canada

This page provides practical information to help you make the most of your IP when doing business in Canada.

If you plan to do business in Canada, or if you are already trading there, it is essential to know how to manage and enforce your IP as private property rights.

British businesses looking for access to IP guidance and support can contact our North America IP Attaché, based in the British Embassy, Washington D.C.

The Canadian Intellectual Property Office (CIPO) is the body responsible for operating the patent, industrial designs, copyright and trade mark system in Canada.

Trademarks

The Canadian trade mark system is similar to the UK’s. Trade marks protect symbols, colours or other devices used to identify a business’ products or services. A trade mark is valid for 10 years, it may be renewed indefinitely for further 10-year periods.

To protect a trade mark in Canada you can:

  1. File an application directly to CIPO.
  2. Make an international trade mark application and select Canada as a designated country. More information on international trade marks can be found in the protecting your trade mark abroad page.

Good to know

There are no restrictions regarding nationality or residency.

Patents

Like in the UK, inventions can be protected through patents for up to 20 years in Canada.  All patent rights in Canada are subject to the payment of annual fees after they’ve been granted.

To protect your invention with a patent in Canada you can:

  1. File an application directly to CIPO.
  2. File an international patent application and select Canada as a designated country. This can reduce the cost and effort of applying for patents in multiple countries. More information on international patents can be found in the protecting you patents abroad page.

Good to know

Like in the UK, Canada operates a ‘first to file’ principle. If two people submit an application for a patent for an identical invention, with an identically completed application and documents submitted, the first one to file the application will be awarded the patent assuming it fulfils all the patentability criteria.

Canada does operate a grace period where you can register a patent within 12 months of a public disclosure (under certain conditions). However, it is important to note that use of a grace period abroad may restrict your ability to protect your invention in countries that do not operate a 12-month grace period, including the UK.

There are no restrictions regarding nationality or residency.

You can file a patent yourself in Canada, but it is recommended that you seek advice from an IP professional.

Designs

In Canada, design protection initially lasts for 5 years and can be extended for additional 5-year periods for a maximum of 15 years.

To protect your design in Canada you can:

  1. File an application directly to CIPO.
  2. File an international design application and select Canada as a designated country. This can reduce the cost and effort of applying for designs in multiple countries. More information on international designs can be found in the protecting your designs abroad page.

Good to know

There are no restrictions regarding nationality or residency.

Canada does operate a grace period where you can register a patent within 12 months of a public disclosure (under certain conditions). However, it is important to note that use of a grace period abroad may restrict your ability to protect your invention in countries that do not operate a 12-month grace period, including the UK.

As in the UK, copyright is an automatic right under Canadian law, which is administered by CIPO.

Copyright in Canada protects works that are original and expressed in a tangible form, for example, recorded on tape or written down.

The length of protection lasts for the life of the author + 70 years, counted from 1 January of the year following the author’s death.

Good to know

It is recommended that copyrighted works are registered at CIPO for a fee. Copyright registration is voluntary but helps to provide evidence of copyright ownership before a court or relevant enforcement authorities.

Enforcing your rights

IP enforcement is generally effective in Canada. If your IP rights are infringed, there are different ways that you may look to enforce them. Litigation (court action) is the most commonly known method; however, this can often be very time consuming and expensive. Alternative enforcement routes include mediation, arbitration and expert determination.

CIPO has useful guidance on infringement of IP and enforcing your rights. Read: Enforcement/Infringement – IP Hub CIPO.

If you suspect goods infringing your trade mark, copyright or geographical indicator are being imported into Canada, you can request assistance from the Canada Border Security Services Agency (CBSA).

More information

Visit these pages for more information about exporting to Canada and to report a market access barrier on IP in Canada.

The British Canadian Chamber of Trade and Commerce (BCCTC), provide a variety of business advice, services, and support to businesses in Canada.

https://www.gov.uk/guidance/ip-in-canada
Content Reproduced verbatim from the Website of the United Kingdom Intellectual Property Office (UKIPO) as permitted under their Terms of Use.