Doing Business in Québec
Intellectual Property With only a few exceptions, intellectual property in Canada is governed by federal laws, and intellectual property rights can be registered with the Canadian Intellectual Property Office. PATENTS A patent protects new, useful and inventive functional features of a product or process. It is granted under the Patent Act for a maximum of 20 years following a request by its inventor. Note that an invention made by an employee is, in the absence of an agreement to the contrary, the employee’s property unless the employment agreement provides otherwise or the employee was specifically hired to invent or innovate. Patent rights are protected only if they are registered. COPYRIGHTS A copyright constitutes the sole right to reproduce, publish and perform literary, dramatic, artistic and musical works such as original drawings by which a product is designed, computer programs and software. A copyright is owned by its author upon creation of the work, with the exception of an employer that owns the copyright on works created by an employee in the course of employment. Copyrights can be registered under the Copyright Act for a period generally lasting the life of the author, plus 50 years thereafter. INDUSTRIAL DESIGN An industrial design registration protects the aesthetic appearance of an article, meaning that its features of shape, configuration, pattern or ornamentation or any combination of those features are protected for a period of 10 years. Industrial design rights are protected only if they are registered.
TRADEMARK Trademark protection is available for a distinctive sign identifying the source of a product or service. Registration under the Trade-marks Act is not mandatory but is recommended. Registration involves strict criteria but can ensure stronger protection and facilitate the enforcement of trademark rights indefinitely, as long as the registration is renewed and the trademark continues to be distinctive and used in commerce in Canada. QUÉBEC LAW Trade secrets may be protected through contract law, which is governed by the Civil Code of Québec , at the provincial level. Québec law also governs trade names and contracts related to intellectual property, such as assignments, licences and hypothecs (i.e., security interests).
Intellectual property in Canada is generally governed by federal laws, and intellectual property rights can be registered with the Canadian Intellectual Property Office.
14
Davies | dwpv.com
Powered by FlippingBook