CitéPI

A strategic approach to intellectual property

Ideas have value and great ideas derive great value, hence once they are recognized, they are copied. Innovative companies develop great technologies to capture industry leadership. Those technologies need to be protected to create a sustained business advantage, generate investment, create market partnerships, and generate economic growth.

Developing new ideas and technologies has a cost and making sure that each dollar is well invested is of utmost importance to any leading business. Verifying existing intellectual property, or prior art, is a key phase of innovation to ensure that a company’s newly developed IP can be exploited commercially without infringing on others’ existing IP.

A well-planned IP strategy means better return on investment, protection, and sustainability over time.

A Short History of Intellectual Property

Intellectual property has ancient origins and dates back to antiquity, where the first forms of protection for intellectual creations began to emerge. However, it was not until the Renaissance that the first legal systems specific to intellectual property were developed. England introduced letters patent in the 16^th century, granting exclusive rights to inventors to encourage innovation. In the United States, the first patent law was passed in 1790, providing legal protection for inventors.

During the 19^th century, the industrial revolution led to an increase in inventions and innovations, which led to the need for greater protection of intellectual property. International treaties such as the Paris Convention (1883) and the Berne Convention (1886) were signed to establish standards for patent and copyright protection internationally. In the 20^th century, with a society increasingly driven by knowledge and innovation, the protection of intellectual property has become that much more important. International organizations such as World Intellectual Property Organization (WIPO) were created to facilitate global cooperation and harmonize intellectual property laws.

Today, intellectual property encompasses a wide range of areas such as patents, copyrights, trademarks, or industrial designs. It plays a crucial role in many sectors, fostering innovation, protecting the rights of creators, and stimulating economic development.

Intellectual Property in Canada

Intellectual property plays a vital role in Canada's innovation and creativity landscape. Canada has a strong and well-established legal system to protect intellectual property rights and encourage innovation. In Canada, intellectual property is governed by several laws, including the Trademarks Act, the Copyright Act, the Patents Act, and the Geographical Indications Act. These laws protect different types of intellectual creations, such as inventions, trademarks, literary and artistic works, industrial designs, and geographical indications.

The Various Types of Intellectual Property in Canada

In Canada, the Canadian Intellectual Property Office (CIPO) administers our national intellectual property regime. In addition, CIPO collaborates with many national and international intellectual property organizations to simplify the protection of Canadian business innovation on a global basis. CIPO offers an IP checklist that allows you to take an inventory of the types of IP you may have already or plan to develop.

In Canada, the main types of intellectual property are:

1. Patents: Patents protect new and non-obvious technical inventions. They confer on the holder the exclusive right to exploit the invention for a determined period, generally 20 years from the date of filing of the patent application. Patents can be granted for products, processes, methods, machines, or chemical compositions. To access the CIPO Patent Fact Sheet.
2. Trademarks: Renewable every 10 years, trademarks protect distinctive signs used to identify a company's products or services. This may include logos, names, slogans, color schemes or sounds. Registered trademarks provide legal protection against unauthorized use of similar or identical marks that may confuse consumers. To access the CIPO Trademarks Fact Sheet.
3. Copyright: Copyright protects original literary, artistic, musical, dramatic, and cinematographic works or software code. This includes books, articles, paintings, photographs, sculptures, songs, films, software etc. Copyright grants the creator the exclusive right to reproduce, distribute, publicly display, and modify his work. In Canada, copyright is automatic upon creation of the work, but filing a copyright notice is recommended for added legal protection. To access the CIPO Copyright Fact Sheet.
4. Industrial designs: Industrial designs protect the visual or aesthetic aspects of a product, such as shape, configuration, patterns, or ornaments. They are used to protect the design or appearance of an object, but do not protect the functional aspects. Registered industrial designs provide legal protection against unauthorized copying or use of the design for up to 15 years. To access the CIPO Industrial Designs Fact Sheet.
5. Domain names: A domain name can be considered a form of intellectual property, although it is not protected by the same laws as patents, trademarks, or copyrights. Although domain names are not protected by specific intellectual property law, they are governed by rules and regulations established by domain name management organizations. In Canada, .ca domain names are governed by the Canadian Internet Registration Authority (CIRA).
6. Geographical Indications: Geographical indications are considered a form of intellectual property in many countries, including Canada. A geographical indication refers to a name or sign used to identify a product which originates from a specific geographical region, and which possesses certain qualities, reputations or characteristics attributed to that region.
7. Plant Breeders’ Rights: Plant varieties are considered a form of intellectual property in many countries, including Canada. Plant varieties refer to new varieties of plants that have been developed or selected by breeders to exhibit distinct and improved characteristics such as disease resistance, increased yield, superior quality, tolerance to environmental conditions, etc. To access the CIPO Plant Breeders’ Rights Fact Sheet.
8. Integrated Circuit Topographies: Integrated Circuit Topographies protect the three-dimensional arrangement of the elements of an integrated circuit (electronic chips). This concerns the physical structure of integrated circuits and not abstract ideas or concepts. Registered integrated circuit topographies provide protection against unauthorized copying or reproduction of the topography.

It is important to note that each type of intellectual property has its own criteria for protection, registration procedures and specific terms of protection. Owners of intellectual property rights can assert their rights and take legal action against any infringement or unauthorized use of their creations.

Trade Secrets

An industrial secret, also known as a trade secret, is a form of intellectual property protection that relates to confidential and valuable information used in the course of scientific, industrial or commercial activity. It is undisclosed information that gives a company a competitive advantage due to its confidential nature and economic value.

A trade secret can include various types of information, such as formulas, manufacturing processes, production methods, recipes, techniques, marketing strategies, customer lists, product plans, algorithms, or prototypes. Unlike the other forms of intellectual property mentioned above, the protection of a trade secret is based on maintaining the confidentiality of the information.

The advantage of a trade secret is that it can be protected indefinitely as long as confidentiality is maintained. It is important to note that the protection of a trade secret varies from country to country and that there are specific laws governing the protection of trade secrets. In Canada, for example, the Trade Secrets Act provides legal protection for confidential information that is considered a trade secret. To access the CIPO Trade Secrets Fact Sheet.

Intellectual Property Strategy at the Heart of the IPON Initiative for Ontario Businesses

To the question of what the best protection for an innovation is, there is no ready-made answer. It is considering the innovation itself, the industry, the intended market, the geographical extent of the exploitation of the innovation, the competitive positioning and the growth and commercialization strategies of the company, including its capital injection, IPO, or M&A plans, that an intellectual property strategy can be developed.

It is in this context, as Canadian and Ontario companies are among the most innovative in industrialized countries, that the Ontario government, under the aegis of Intellectual Property Ontario (IPON), has undertaken to educate and support innovators in their intellectual property protection strategy with the aim of ensuring adequate protection and fair remuneration for innovators. Le Collège La Cité in Ottawa through the Office of Applied Research and Innovation (OARI) participates in the program developed by IPON to assist innovators in the most effective way to develop their intellectual property strategy.

To get more familiar with IP strategy planning we have put together a selection of training tools available online in our "Training Tools"