HELVETICA NEUE Standout from your competitors Berkely OldstyleFILE/brochure-eng.pdf · STAND OUT...

your best business ally

Trade-marks

Industrialdesigns

Copyrights

Patents

Integrated circuittopographies

HELVETICA NEUEBerkely Oldstyle

Stand outfrom your competitors

Make intellectual property

STAND OUT FROM YOUR COMPETITORS

MAKE INTELLECTUAL PROPERTY YOUR BEST BUSINESS ALLY

ST

RA

TE

GY

STAND OUT FROM YOUR COMPETITORS — MAKE INTELLECTUAL PROPERTY YOUR BEST BUSINESS ALLY

This publication is available upon request in multiple formats.Contact the Client Service Centre at the numbers listed below.

For additional copies of this publication, please contact:

Client Service CentreCanadian Intellectual Property OfficeIndustry CanadaPlace du Portage IRoom C-229, 2nd floor50 Victoria StreetGatineau, QC K1A 0C9

Tel.: 1-866-997-1936Fax: 819-953-7620Email: [email protected]

This publication is also available electronically on CIPO’s website (www.cipo.ic.gc.ca).

PPeerrmmiissssiioonn ttoo rreepprroodduuccee Except as otherwise specifically noted, the information in this publication may be repro-duced, in part or in whole and by any means, without charge or further permission fromthe Canadian Intellectual Property Office (CIPO), provided that due diligence is exercised inensuring the accuracy of the information reproduced, that CIPO is identified as the sourceinstitution, and that the reproduction is not represented as an official version of the infor-mation reproduced, nor as having been made in affiliation with, or with the endorsement of,CIPO.

For permission to reproduce the information in this publication for commercial redistribution, please email: [email protected].

Cat. No. lu71-4/1-2004ISBN 0-662-67846-X54044 B 00620 B


1

CONTENTSINTRODUCTION

Intellectual property: What does it really mean?

The Canadian Intellectual Property Office: The essence of what we do

The Canadian IP system at a glance

BUSINESS OPPORTUNITIES

Developing strategies for protecting and exploiting IP

Take stock of what you have

Explore trade secrets and confidentiality agreements

Licensing opportunities

Successful exploitation strategies and effective searches

TYPES OF IP RIGHTS

Formally protect your IP assets

Patents

Trade-marks

Copyrights

Industrial designs

Integrated circuit topographies

CONCLUSION

Next steps

Do your IP homework first

Legal protection

Contact us

33

33

44

66

66

66

77

77

1100

1111

1122

1133

1144

1155

1166

1166

1166

1166


3

INT

RO

DU

CT

ION

Intellectual property: What does it really mean?

Intellectual property (IP) refers to the creations of the mind, such as inventions,literary and artistic works, as well as symbols, names, pictures, designs and models used in business. Patents, trade-marks, copyrights, industrial designs,integrated circuit topographies and plantbreeders’ rights are referred to as “IP rights.” Just as rights are acquired when abuilding or land is purchased, IP rights are“property” in the sense that they are basedon the legal right to exclude others fromusing the property. Ownership of the rightscan also be transferred.

IP surrounds us, whether we are at home, at school or at work. New products, brandsand creative designs appear almost daily in the marketplace and are the result of ongoing innovation and creativity. Variousforms of IP are with us every day — thinkof that new sophisticated mattress, youralarm clock, your favourite brand or book,or the latest innovative product.

You may discover, while reading this booklet, that you might own a significantnumber of valuable IP assets; it may be the name of your company, your client listing, your annual report or researchpaper, your logo or graphic image, or thevisual appearance of your product.

Having identified your IP assets, you canstart putting in place strategies to safeguardthem and prevent others from diminishingyour competitive advantage. By learninghow to exploit the wealth of strategic information contained in various IP databases, whether they are Canadian orinternational, you can give your business acompetitive edge and really stand out fromothers.

We suggest you seek more informationfrom our office, from your business advisor,or an IP expert, such as a patent or trade-mark agent or lawyer, before acting on anyinformation contained in this publication.

The Canadian IntellectualProperty Office: The essence of what we do

The Canadian Intellectual Property Office(CIPO), a special operating agency of Industry Canada, is mainly responsible for the administration of the IP system inCanada. Details regarding each type of protection covered under this formal IP system are provided throughout this booklet.

CIPO encourages invention, innovation and creativity in Canada; fosters the use of the IP system and the exploitation of IP information; and promotes Canada’s international IP interests.

Your intellectual property (IP) is one of your most valuable business assets. When

used strategically in your business, it can increase your competitiveness and allow

you to reap numerous benefits. But before you go any further, it is crucial you

understa nd what IP really is. This booklet will introduce you to the basic principles

of the Canadian IP system, administered for the most part by the Canadian

Intellectual Property Office (CIPO), and will show you how IP can become your best

ally when integrated into your business.


4

INT

RO

DU

CT

ION

PPaatteennttss TTrraaddee--mmaarrkkss CCooppyyrriigghhttss IInndduussttrriiaall IInntteeggrraatteedd PPllaanntt ddeessiiggnnss cciirrccuuiitt bbrreeeeddeerrss’’

ttooppooggrraapphhiieess rriigghhttss

TTeerrmm Up to 20 years Renewable Generally life Up to 10 years 10 years Up to 18 yearsafter filing 15-year period plus 50 years

PPrrootteeccttiioonn Apply nationally Apply nationally Automatic, apply Apply nationally Apply nationally Apply nationallyinternationally(but registration can be soughtin Canada)

PPrrootteeccttss Use, sale, Use Copying, Manufacture, sale, Use, sale, Reproductionaaggaaiinnsstt manufacture reproducing rent or importation manufacture

WWhhaatt iiss Inventions Identity of your Original literary, Visual appearance Original Plant varietiespprrootteecctteedd products and artistic, musical of a product: integrated circuit

services: and dramatic ornamentation, layout designswords, symbols, works and other shape, pattern,designs subject matters: configuration

sound recordings,performances,communication signals

CIPO’s Client Service Centre (CSC) is one of the central points of entry for allgeneral enquiries. It also handles clientrequests for printed publications. The CSCplays a critical role in disseminating valuableIP information and provides the followingservices:

• information on various aspects of IP

• detailed information on filing requirements

• consultation with an information officer

• access to IP databases and searching guidance

• access to search tools (classification manuals, index manuals, domestic and foreign documents, reference documents)

The Canadian IP system at a glance

• certified copies and photocopy service

CIPO’s website (www.cipo.ic.gc.ca) is a preferred means for clients to acquire the information they need to make sound business decisions.

The site contains a vast array of resourcessuch as information guides, frequentlyasked questions, publications, electronicservices, as well as a collection of domesticand international links. You can also accessour Canadian patent, trade-mark, copy-right, and industrial design databaseswhich, as you will discover, offer a wealthof information.

B U S I N E S S O P P O R T U N I T I E S


6

BBUU

SSIINN

EESS

SS OO

PPPP

OORR

TTUU

NNIITT

IIEESS

Developing strategies forprotecting and exploiting IP

The real value of intellectual property (IP)resides in your capacity to use it as an integral part of your business. An innova-tive business will make effective use of IPto market itself, sell more products andservices, and leverage its resources andskills in order to gain a competitiveadvantage in the marketplace.

Protecting your creations by using the formal IP system is just the tip of the IPiceberg. The IP you have developed as a toolor asset may be protected in various ways— more than one type of protection mayapply, depending on the type of business you are in.

Businesses, innovators and creators shouldtake the appropriate steps to exploit their IP assets and protect them to the greatestextent possible. Like physical assets, IP assetsmust be acquired and maintained, accountedfor, valued, monitored closely, and properlymanaged in order to extract their full value.But before this can be done, you must firstacknowledge the value of IP and begin to see it as a valuable business advantage.

You can protect your IP, develop usefulexploitation strategies, and start integrating it into your business using a mix of combi-nations that best apply to your situation.

Here are a few avenues to explore.

TTaakkee ssttoocckk ooff wwhhaatt yyoouu hhaavvee

In an innovative, dynamic business, thevalue of IP can be much greater than the value of its physical assets. When a company is conscious of the use andvalue of IP, it creates an environmentthat provides a foundation for mergers,joint ventures, or research and development agreements.

Developing effective IP protection strategieswill depend on your particular business. An

effective strategy may involve a range of IPprotection options. As an example, you mayseek patent protection for your product, register its design and develop a brandingstrategy based on a registered trade-mark.

You may decide patent protection is notworthwhile and that maintaining secrecyand using confidentiality agreements willprovide enough time in which to developbrand recognition and loyalty or developnew products and services. Or you mayonly focus on a trade-mark to develop yourposition in the marketplace. As an example,a strong brand equity, of which a registeredtrade-mark represents the main component,is a useful adjunct to a rapid productionand deve lopment strategy because onceyour product is in the marketplace, youcannot prevent others from copying it.

Using a range of protective measures givesyou layers of protection and strengthens your position in the marketplace. Whateverstrategy you adopt to protect your IP, itshould ideally be integrated into your overall business plan. Explore all theoptions available and seek professionaladvice, from a patent or trade-mark agentor lawyer, if required. You would normallyturn to a professional for the production of legal documents such as a will or rely on a real estate agent to sell your house.Integrating IP in your daily activitiesshould be viewed as a long-term investment, so why not consider professional help with the management of your IP assets?

EExxpplloorree ttrraaddee sseeccrreettss aanndd ccoonnffiiddeennttiiaalliittyy aaggrreeeemmeennttss

A trade secret can provide effectiveprotection for some technologies, know-how and other forms of IP. Ideally, it shouldbe backed up by signed confidentialityagreements to preserve secrecy and propri-etary knowledge. Relying on trade secrets isuseful when the IP is unlikely to result ingranted patent rights or you wish to retainexclusive use beyond the term of a patent. Atrade secret strategy is appropriate when it

BU

SIN

ES

S O

PP

OR

TU

NIT

IES


7

becomes difficult to copy the construction,manufacturing process or formulationfrom the product itself.

Secrecy, however, does not stop anyonefrom inventing the same product or processand commercializing it. It does not give you exclusive rights and you are vulnerablewhen employees sworn to secrecy leaveyour firm. Furthermore, trade secrets aredifficult to maintain over long periods orwhen a larger number of people are privy to the secret. Secrecy is harder to enforceand protecting it is potentially more costlythan granted rights because it relies on the complexity of proving a breach of confidence under common law or civilright.

LLiicceennssiinngg ooppppoorrttuunniittiieess

Taking out a licence on someone else’s IPcan be an effective exploitation strategy.You may have a good idea but realize someone else has already thought of it.Acquiring a licence is a cost-effective alternative to investing in developmentwhich has already been done.

Another approach is licensing your IP to another party, particularly if you do not have the resources or experience todevelop and market your product or service. As with all the other aspects ofcommercializing your IP, licensing needs to fit in with your business strategy andpractices.

SSuucccceessssffuull eexxppllooiittaattiioonn ssttrraatteeggiieessaanndd eeffffeeccttiivvee sseeaarrcchheess

Reviewing relevant literature can save alot of time, money and effort. You canalso search the IP databases on the CIPOwebsite at www.cipo.ic.gc.ca. You mayalso search international databases suchas the US Patent and Trademark Office orthe European Patent Office accessible viathe international links on the CIPO site. The information contained in IP databases

can provide your business with importantinsights that may be used to:

Prepare feasibility studiesMost inventions are disclosed to the publicfor the first time when a patent applicationis published. Thus, patent applicationsand patents provide a means of learningabout current research and innovationsoften long before the innovative productsappear in the marketplace. You can find thisuseful information by browsing throughpatent databases. If there are multiplepatents for a particular type of product but no such product is in the marketplace,it can demonstrate a strategic decision to maintain the patent without relatedcommercial activity.

Find possible partners and marketsIf you are interested in developing and marketing a particular type of product, you can search the patent and trade-mark databases to find companies that already own patents or trade-marks in related areas.Similarly, you may be able to find informa-tion about IP that you could purchase orlicense to market or improve your productsor services.


8

BU

SIN

ES

S O

PP

OR

TU

NIT

IES

Avoid possible infringement and identify potential competitorsWhen selecting a trade-mark for example, you should find out whether the mark youare proposing, or similar ones, have alreadybeen registered by other enterprises for the category of products, services and markets you are interested in. This type ofinformation is obtained by conducting atrade-marks search. Doing it early is crucialso as to avoid unnecessary conflicts withother enterprises and loss of resources. Youcan find out who is in the same business by conducting a trade-marks search for particular products and services.

Anticipate changes in your line of businessKeeping track of patents in your field canhelp you plan for changing market condi-tions.

KKeeeepp iinn mmiinndd......

WWhheenn ddeeaalliinngg wwiitthh vvaalluuaabbllee pprrooppeerrttyyoorr ccoommpplleexx pprrooppeerrttyy iissssuueess,, iitt iiss ssttaannddaarrdd pprraaccttiiccee ttoo sseeeekk eexxppeerrtt hheellpp,,aanndd IIPP iiss nnoo ddiiffffeerreenntt.. TThheerree aarree aavvaarriieettyy ooff pprrooffeessssiioonnaallss rreeaaddyy ttoo hheellppyyoouu,, iinncclluuddiinngg bbuussiinneessss aanndd lleeggaall aaddvviissoorrss,, rreeggiisstteerreedd ppaatteenntt aaggeennttss oorr llaawwyyeerrss ((wwhhoo ccaann aallssoo hheellpp wwiitthh iinndduussttrriiaall ddeessiiggnnss)),, rreeggiisstteerreedd ttrraaddee--mmaarrkk aaggeennttss oorr llaawwyyeerrss,, aannddccooppyyrriigghhtt llaawwyyeerrss.. TThheeyy ccaann ggiivvee yyoouussttrraatteeggiicc aaddvviiccee aabboouutt ddeevveellooppiinngg aanneeffffeeccttiivvee ssttrraatteeggyy.. YYoouu wwiillll ffiinndd oouuttwwhheenn aanndd hhooww ttoo aappppllyy ffoorr IIPP pprrootteeccttiioonn aanndd hhooww ttoo ssaavvee mmoonneeyy bbyyaavvooiiddiinngg ppiittffaallllss..

For example, a number of large players have patented technology that makes long-distance surgery possible. A company thatsupplies technology or technical supportservices to hospitals could use this informa-tion, which it would locate in patent data-bases, to prepare products or services tomeet the new needs of hospitals that adoptthis technology.

Obtain permission to use copyrighted workConducting searches in the copyrights database will allow you to find material of interest and enable you to get in touchwith the creator of the work to obtain permission to use or reproduce copyrightedmaterial. As an example, a firm interested in producing a technical procedures manualmay contact a few authors and obtain special permission to use or reproduce various sections of their manual.

T Y P E S O F I P R I G H T S


10

TTYY

PPEE

SS OO

FF II

PP RR

IIGGHH

TTSS

Formally protect your IP assets

The following section deals with the protection of your creations through theformal intellectual property (IP) system. Itis only intended as an introduction to IP.You can obtain detailed information on theregistration and examination process by simply contacting our Client Service Centre or visiting CIPO’s website(www.cipo.ic.gc.ca).

Patents, trade-marks, industrial designs, integrated circuit topographies and plantbreeders’ rights are all legally protectedunder the Canadian IP systems. Copyrightprotection is automatic, however registra-tion may be useful to prove ownership, for

example in infringement cases. Ownership of these rights is the legal reco gnition, andreward, you receive for your creative effort.You can own, sell, license or bequeath IP inmuch the same way you would acquire abuilding or a piece of land.

In some ways, the acquisition of IP rights islike having a receipt for your IP. It raises thebar for anyone who wants to challenge yourright to that property. Once acquired, thereis good reason to believe that you do ownthe rights to this property; legally, this iscalled prima facie evidence of exclusiveownership across Canada. It changes theburden of proof. You do not have to proveyou own the IP — your opponent has toprove you do not own it.

IP rights can also enhance the value orworth of your business in the eyes ofinvestors and financing institutions. In theevent of a sale, merger or acquisition, IPassets may significantly raise the value ofyour enterprise, and at times may be theprimary or only true assets of value.

You should therefore contact the relevantgovernment organization (see below) ifyou want to benefit from the legal protec-tion that the IP system offers.

The five types of IP protection administeredby CIPO vary in the protection they provide and in the length of time for whichprotection is covered. A tariff of fees alsoapplies to each type of protection. VisitCIPO’s website (www.cipo.ic.gc.ca) for thecomplete list of applicable fees.

The Plant Breeders’ Rights Office, which ispart of the Canadian Food InspectionAgency, administers the Plant Breeders’Rights Act and Regulations which providelegal protection to plant breeders for newplant varieties for up to 18 years. You can contact the organization for more information on the subject. Visit theAgency’s website (www.inspection.gc.ca) or call 613-225-2342.

Thinking of exporting or expanding your business internationally?

EEvveenn iiff yyoouu hhaavvee sseeccuurreedd pprrootteeccttiioonn ffoorr yyoouurr IIPP iinn CCaannaaddaa,, yyoouu sshhoouullddccoonnssiiddeerr sseeeekkiinngg ssiimmiillaarr pprrootteeccttiioonn iinn yyoouurr ttaarrggeett mmaarrkkeettss oorr wwhheerree yyoouuwwiillll ffiinndd mmaannuuffaaccttuurriinngg ccoommppeettiittiioonn..LLeeaarrnn aabboouutt tthhee llaawwss iinn tthhee ccoouunnttrriieess ooff iinntteerreesstt.. YYoouu wwiillll ffiinnddoonn oouurr wweebbssiittee aa lliisstt ooff ddoommeessttiiccaanndd iinntteerrnnaattiioonnaall lliinnkkss..


11

TY

PE

S O

F IP

RIG

HT

S

Patents

Whether you are in the business of developing cutting-edge technology or making improvements to well-known products, apparatus or processes, it is in your best interest to learn more about patents.

Patents are government grants that giveinventors exclusive rights to their inven-tions. Patent protection applies in the country that issues the patent. In Canada,this protection extends for 20 years fromthe date of filing. Patents are granted forproducts or processes, apparatus orimprovements thereof, that are new, workable, and ingenious (novel, useful and

inventive). In this way, patents serve as areward for ingenuity.

Patents can be sold, licensed or used as an asset to negotiate funding. In exchange for this benefit, inventors are obliged to provide a full description of their inventionso that all Canadians can learn and benefitfrom the advance in technology and knowledge.

To be eligible for patent protection, the invention must be new (first in the world).Second, it must be useful (functional andoperative). Finally, it must show inventiveingenuity and not be obvious to someoneskilled in that area.

The invention can be a product (a doorlock), a composition (a chemical composi-tion used in lubricants for door locks), anapparatus (a machine for making doorlocks), a process (a method for makingdoor locks) or an improvement on any ofthese.

In Canada, patents are given to the first applicant. Therefore, it is wise to file assoon as possible after completing an invention, in case someone else is on a similar track.

Public disclosure of an invention before filing may make it impossible to obtain a patent. There is an exception in Canada ifthe disclosure was made by the inventor, orby someone who learned of the inventionfrom the inventor, less than one year beforefiling. Most other countries require filingbefore use or written disclosure anywhere.

Registered patent agents can help inventorswith the many complexities of patent law. CIPO recommends that most inventors makeuse of an agent’s services. Registered patentagents must pass rigorous examinations inpatent law and practice before they may represent inventors. A list of registered patentagents is available on CIPO’s website(www.cipo.ic.gc.ca).

A win-win situation

WWhheenn ffiilliinngg ffoorr aa ppaatteenntt,, tthhee aapppplliiccaanntt ccoommmmiittss ttoopprroovviiddiinngg tthhee ggoovveerrnnmmeenntt wwiitthh aa ffuullll ddeessccrriippttiioonn ooffiittss iinnvveennttiioonn iinn rreettuurrnn ffoorr ppoossssiibbllee ppaatteenntt pprrootteeccttiioonn..

TToo eennrriicchh tthhee ttoottaall bbooddyy ooff tteecchhnniiccaall kknnoowwlleeddggee iinn tthhee wwoorrlldd,, tthhee ddeettaaiillss ooff ppaatteenntt aapppplliiccaattiioonnss ffiilleedd iinnCCaannaaddaa aarree ddiisscclloosseedd ttoo tthhee ppuubblliicc aafftteerr aann 1188--mmoonntthhccoonnffiiddeennttiiaalliittyy ppeerriioodd..

IInn tthhiiss wwaayy,, ppaatteennttss pprroovviiddee nnoott oonnllyy pprrootteeccttiioonn ffoorrtthhee oowwnneerr bbuutt vvaalluuaabbllee iinnffoorrmmaattiioonn aanndd iinnssppiirraattiioonnffoorr ffuuttuurree ggeenneerraattiioonnss ooff rreesseeaarrcchheerrss aanndd iinnvveennttoorrss..

©


12

TY

PE

S O

F I

P R

IGH

TS

Trade-marks

One of the most important assets your business has is its brand. You use yourbrand to promote your products and services and by doing so you help your customers identify your products with yourcompany and reputation. Your brand creates value by helping your customersdifferentiate your products from those ofyour competitors. The investment you have made in these brands and corporateidentities can be protected under theTrade-marks Act.

A trade-mark is used to distinguish the products or services of one person or organization from those of others in the marketplace. Trade-marks come torepresent not only the actual products and services but the reputation, experience and expertise of the business.

Types of trade-marks

Ordinary trade-marks are words or designsor a combination of these that distinguishyour products and services. If you are currently selling your products or servicesyou are probably already using a trade-markwithout knowing it or even having it registered with CIPO.

Some companies use distinctive shapes orwrappings of their products to help their customers differentiate their products fromthose of others. This wrapping or shapemay not have any of the elements of anordinary mark but could be registered.

What about your company name? Can it be used as a trade-mark? Your company name can beregistered as a trade-mark only ifyou are using the name of your company todistinguish your products and services fromthose of others. The fact that you have protected your trade name at the federal orprovincial level does not equate to having aregistered trade-mark.

Why is it important to register your trade-mark?

You are not required to register your trade-mark but it is highly recommended.Registering your trade-mark will help you to protect it from imitation and misuse.Owning a registered trade-mark gives youthe exclusive rights to its use throughoutCanada for 15 years and is renewable afterthat. By registering your trade-mark you can more easily protect it through legal proceedings.

Preparing a trade-mark application canbecome a complex task, particularly if athird party challenges your right to themark. You may file on your own, but seeking advice and direction from a registered trade-mark agent can be of great help and value. A list of registeredtrade-mark agents is available on CIPO’swebsite (www.cipo.ic.gc.ca).

©


Copyrights

Any original literary, dramatic, musical orartistic work is subject to copyright from the moment it is created. Paintings, safety instructions, web pages, how-to manualsand a prospectus, for example, are all copyrighted.

Copyright law protects the expression of the idea; it does not protect the ideasembodied in the work. There are two rightsin a creation: a right in the physical property of the creation itself, and a right in the intangible property.

Copyright protection is automatic. Usingyour copyright more effectively is largely amatter of informing yourself about thecomplex ways that copyright can be usedand licensed from, or to other people.Because you own the copyright on thesematerials, you can control the ways they areused; others who want to use the materialswill have to buy or obtain permission fromyou to have the right to do so. You can alsolimit the ways they use the materials so thatthe value of your investment is protected.

Generally, the owner of the copyright is thecreator of the work. However, if you create a work in the course of employment, thecopyright belongs to your employer unlessthere is an agreement to the contrary. Butyou are still the author of your creation.

Although copyright protection is automatic as a matter of common law or civil right,there are still benefits to registering yourcopyright. It is evidence that your work is

protected bycopyright, and maymake an important difference in case of a legaldispute. Upon registration of a copyright, a certificate is issued providing evidence thatthe person registered is the copyrightowner. This certificate delivered by CIPOcan be used in court to establish ownership.

Generally, copyright in Canada exists for the life of the author plus 50 years following death. After that, the workbecomes part of the public domain andanyone can use it. However, there are someexceptions. You can obtain more details by contacting our Client Service Centre orvisiting CIPO’s website (www.cipo.ic.gc.ca).

13

TY

PE

S O

F IP

RIG

HT

S

Did you know?

SShhaakkeessppeeaarree’’ss ppllaayyss aarree ppaarrtt oofftthhee ppuubblliicc ddoommaaiinn;; eevveerryyoonnee hhaassaann eeqquuaall rriigghhtt ttoo pprroodduuccee oorr ppuubblliisshh tthheemm..

©©

TY

PE

S O

F I

P R

IGH

TS


14

Industrial designs

If you invest a lot of hard work producing distinctive new products, you will want tolearn more about the benefits of registeringyour designs. An industrial design compri-ses those features of a product that appeal to the eye. Specifically, it is the features ofshape, configuration, pattern or ornament,or a combination of these, as they areapplied to a finished article. For example,your design could be a new shape for thehood and fenders of a car, the features ofornamentation of a piece of jewellery, theoriginal pattern in a woven sweater, or all ofthe visual features of a computer monitor.The visual appeal of a product providesbusinesses with a competitive edge in themarketplace, setting their products apartfrom others and making their product theone consumers will buy.

It is important to note that a design mustbe registered in order to have protectionagainst infringement. By registering yourindustrial design, you get exclusive rightsfor up to 10 years. A registered industrialdesign will give you a legally enforceableright to use your product’s design to gain amarketing advantage. It also prevents othersfrom manufacturing or selling the designwithout your permission. As owner of thedesign, you are able to sell those rights orlicense others to make, use, and sell yourdesign.

To be eligible for registration, adesign must beoriginal. That is,it must not closelyresemble a designalready registered.Also, industrial designregistration is intended toprotect new designs and notthose that have been in the marketplace forsome time. Apply to register your design asearly as possible. Once the design has beenmade public, you have one year to file theapplication.

When seeking industrial design protection, you need to be aware that the protectionyou receive is for the appearance of the article. The protection does not extend toaspects protected by a patent such as howthe product functions, how it is constructed,or what materials it is constructed from.

©

What is the difference between apatent and an industrial design?

AAnn iinndduussttrriiaall ddeessiiggnn rreellaatteess ttoo tthhee aappppeeaarraannccee ooff aapprroodduucctt oorr ppaarrtt ooff aa pprroodduucctt..

AA ppaatteenntt iiss ccoonncceerrnneedd wwiitthh tthhee ffuunnccttiioonn,, ooppeerraattiioonn,, mmaannuuffaaccttuurree oorr mmaatteerriiaall ooff aann iitteemm..


15

TY

PE

S O

F IP

RIG

HT

S

Integrated circuit topographies are three-dimensional circuit designs used in techno-logy ranging from electronics in cars andhousehold appliances to robots and spacecraft.

Because this is still a relatively young field,new approaches and standards are beingdeveloped by both the industry itself and,in response, by the government agenciesthat regulate the industry. Understandingthese regulations and the way they apply isvaluable not only for protecting your IP butalso in planning your business strategies.

An integrated circuit topography protectsthe three-dimensional shape of the interiorof the integrated circuit, that is, their elements and interconnections. It is muchlike a topographic map of the interior.Often, people confuse printed circuit boardand integrated circuit, commonly calledmicrochip or chip. The board comprisesmany elements, and one of them may be anintegrated circuit.

To qualify, a topography must be developedthrough the application of intellectualeffort, and not by the reproduction of all, or a substantial part, of another topography.Integrated circuit topography protectionlasts to the end of the tenth year (December31) from the date of filing of the applica-tion, or from the date of first commercialexploitation of the topography, whichever isearlier.

The legislation permits owners of registered topographiesto exclude others from:

• reproducing a protected topography or any substantial part of one;

• manufacturing an integrated circuitproduct incorporating the topography or a substantial part of one;

• importing or commercially exploiting (which includes the sale, lease, offering or exhibiting for sale or lease, or other commercial distribution) a topographyor a substantial part of one, or of an integrated circuit product that embodies a protected topography or a substantial part of one; and

• importing or commercially exploiting an industrial article which incorporates an integrated circuit product that embodies a protected topography, or a substantial part of one.

A full range of avenues for civil recourse,including injunctions, damages and exemplary damages, is available to the owners of registered topographies. In addition, a court may require CanadaCustoms and Revenue Agency to stop products that violate an owner’s right fromentering the country.

©

Integrated circuittopographies


4. Look at various information sourceseither from CIPO, your legal or businessadvisor, or an IP professional, such as apatent or trade-mark agent, and considerthe various ways you can use and exploitIP in your overall business.

5. As a first step prior to investing in your IP assets, explore trade secrets and confidentiality agreements to, at least, keep processes or proprietary knowledge secret.

Legal protection

1. Assess the situation and look at all options. See what is covered under common law or civil right and consumer protection legislation (fair trading). The protection already offered may be adequate and suit your purposes.

2. Assess the advantages and disadvantages of each option. Start looking at creating a winning strategy to fully protect your valuable IP assets to indeed give your business a competitive edge.

16

CONCLUSION

Contact us

Client Service CentreCanadian Intellectual Property OfficeIndustry CanadaPlace du Portage I50 Victoria StreetGatineau, QC K1A 0C9

Tel.: 1-866-997-1936Fax: 819-953-7620Email: [email protected]: www.cipo.ic.gc.ca

Next steps

Integrating IP into your business and using it as an asset will help you achieveyour business objectives. The followingsummarizes the key elements in learningmore about IP and developing an effective strategy that is in line with your businessplan.

Do your IP homework first

1. Start exploiting IP information — it’s to your advantage. Learn more about the Canadian IP system and the related laws that govern it.

2. Find out about the various types of protection at your disposal and discover how it applies to your own situation.

3. Take stock of what you have. Start building an inventory of your IP assets toinclude in your business plan, and makesure you actually own the IP you thinkyou own.

HELVETICA NEUE Standout from your competitors Berkely OldstyleFILE/brochure-eng.pdf · STAND OUT...

Documents

Transcript of HELVETICA NEUE Standout from your competitors Berkely OldstyleFILE/brochure-eng.pdf · STAND OUT...