Immigrant entrepreneurs in Canada who want to create & start a business/ enterprise must be acquainted with the intellectual property laws to safeguard their business & intellectual assets.
Intellectual assets include advanced technologies, software, new brands, inventions, etc. The Canadian government website asserts that using intellectual assets strategically to run a business is vital. Moreover, the site also states that protecting these assets can offer businesses a competitive edge in the market.
You can protect your intellectual property in Canada by applying for a trademark, copyright, or patent.
Patents
Through a patent, the government offers the investor the right to stop others from making, selling, or using an invention from the day the patent is offered to a maximum of 20 years after the date at which the application was filed. The rights provided by a Canadian patent extended throughout Canada but not in other countries. Likewise, international patents do not protect an invention taking place in Canada. The first to file a patent application/ request for an invention is entities to the patent. This implies that you must file as soon as possible if someone else is on the same track.
An invention is entitled to patent protection if it is:
- Useful: Operative & Functional
- Inventive: Showing ingenuity & that is not apparent to someone of average skill who works in your invention field.
- New: First in the world
The invention should also be:
- A composition
- A product
- A process
- A machine
- An improvement in any of these
Patent infringement takes place when an individual produces, vends, or utilizes a patented innovation without your consent in Canada. If you believe your patent has been infringed in any way, you may be able to sue for damages. For entrepreneurs in Canada, one must know that the Patent Act does not require that articles should be marked as ‘patented’. However, you might wish to mark your invention as ‘Patent Pending’ or ‘Patent Applied’ after you have filed for the application.
Although these terms have no legal/ lawful effect, they may warn others that you can implement your sole right in order to make your innovation once a patent is provided.
Trademarks
A trademark is defined as the combination of letters, designs, sounds, or words that distinguishes one’s company goods/ services from those of others in the marketplace. Interestingly, registering your trademark gives you exclusive rights to use it nationwide for up to 10 years. Moreover, this is renewable!. Over time, a trademark can stand for services & goods a company offers along with the producer’s reputation.
However, there are two kinds of trademarks:
- Certification Mark
A certification mark is permitted to many individuals/ companies for demonstrating specific products/ goods/ services that meet a specified standard.
- Ordinary Trademark
An ordinary trademark includes designs, words, textures, tastes, images, scents, holograms, etc. In addition, a combination of these can also be used to distinguish services/ goods.
Before applying for a trademark, the initial step is to search the Canadian Trademark Database to ensure your trademark is not confused with someone else’s. If at all it does, you could infringe on someone else’s trademark, thus ending up in court!
Copyright
To become entrepreneurs in Canada, individuals must note that copyright is the legal right to publish, produce, reproduce, and perform a dramatic, musical, or artistic work. The creator of the work is precisely the copyright owner. But an employee may have copyright in works created by employees until & unless there’s an agreement stating otherwise. In addition, the laws in Canada protect all original creative works, provided they meet conditions set out in the Copyright Act.
For instance, when you own a copyright of a work, you control how it is used & others who wish to use the work must first take your permission. Generally, original work is safeguarded by the copyright the moment you make it. In addition, by registering your copyright, you obtain a certificate from the CIPO, i.e., the Canadian Intellectual Property Office. This certificate can be further used in court as evidence that you own it.
Moreover, copyright exists in Canada during your lifetime & for 70 years following your death. After you die, the work is in the public domain, implying anyone could use it.
Entrepreneurs In Canada: How To Arrive In The Nation
Immigrant entrepreneurs in Canada have to develop & build new business ideas. The Federal Startup Visa Program motivates immigrant entrepreneurs to grow in companies in Canada. Successful applicants link with private sector organizations to receive funding, guidance, skills, & expertise in beginning & operating their businesses.
In addition, Canada targets entrepreneurs who have the skills & potential to build innovative companies that can create jobs in Canadian labor markets, thus competing on a global scale.
The provinces in Canada also offer a range of entrepreneur categories within PNP, i.e., Provincial Nominee Program. Immigrants/ newcomers entrepreneurs can quickly settle in the province they like through these categories.
However, in Quebec, the Quebec Entrepreneur Category is designed for qualified business managers & leaders who can create/ obtain an industrial, commercial, or agricultural business in the province.