What does each type of IP protect?
Inventions
Artistic works
Brands and slogans
The aesthetic appearance of a product
Confidential commercially valuable information
Does it have to be registered with the government
to receive protection?
Yes
No, but option to register is available, and doing so provides some benefit.
No, but option to register is available, and doing so provides substantial benefit.
Yes
No. There is no mechanism for registration.
What
sort of protection does each type of IP offer?
The exclusive right to make, use, and sell the invention in Canada.
The sole right to produce or reproduce the copyrighted work,
or any substantial part thereof in Canada,
or to authorize any such acts.
If registered, the exclusive right to use the TM throughout Canada in association with the registered goods and/or services.
If unregistered, the exclusive right to use the TM, in which goodwill or a reputation has developed, in association with the goods and services in which it is used, in the geographical area of Canada in which
it is used.
The exclusive right in Canada to make, import for the purpose of business, sell, or offer for sale any article covered by the industrial design.
The exclusive right to the secret information. This does not prevent a third party from independently developing, and then using the information comprising the trade secret.
Patent
Copyright
Trademark
(TM)
Industrial
Design
Trade
Secret
How long does it last?
Twenty years from the Canadian filing date of the patent application.
Generally, for life of the author, plus 50 years thereafter. Many exceptions apply.
If registered: 10 years, and renewable every 10 years thereafter indefinitely if
the TM is used.
If unregistered: indefinitely in the geographical area in which it is used, if goodwill or reputation is attached to it, and so long as the TM continues to be used.
Ten years from the date of registration; or 15 years from the filing date of the application, whichever is later.
Indefinitely, so long as the information is kept confidential.
What is the cost to obtain and maintain a registration?
High
Low
Medium
Medium
N/A