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This page provides practical information to help you make the most of your IP when doing business in Canada.

If you plan to do business in鈥疌anada,鈥痮r if you are already trading聽there, it is essential to know how to聽manage聽and enforce your IP聽as聽private property rights.

British businesses looking for access to IP guidance and support can contact our North America IP 础迟迟补肠丑茅, based in the British Embassy, Washington D.C.

is the聽body responsible for operating the patent, industrial designs, copyright and聽trade mark聽system in Canada.

Trademarks

The Canadian聽trade mark聽system聽is聽similar to the UK鈥檚. Trade marks protect symbols, colours or other devices used to identify a business鈥� products or services.聽A聽trade mark聽is valid for 10 years,聽it聽may be renewed indefinitely for further 10-year periods.

To protect a trade mark in Canada you can:

1. File an application directly to .
2. Make an international trade mark application and select Canada as a designated country. More information on international trade marks聽can be found in the protecting your trade mark abroad page.

Good to know

There are no restrictions regarding nationality or residency.

Patents

Like in the UK, inventions can be protected through patents for up to 20 years in Canada.聽 All patent rights in Canada are subject to the payment of annual fees after they鈥檝e been granted.

To protect your invention with a patent in Canada you can:

1. File an application directly to .
2. File聽an international聽patent聽application and select Canada as a designated country. This can reduce the cost and effort of applying for聽patents聽in multiple countries.聽More information on international patents can be found in the protecting you patents abroad page.

Good to know

Like in the UK, Canada operates a 鈥榝irst to file鈥� principle. If two people submit an application for a patent for an identical invention, with an identically completed application and documents submitted, the first one to file the application will be awarded the patent assuming it fulfils all the patentability criteria.

Canada does operate a grace period where you can register a patent within 12 months of a public disclosure (under certain conditions). However, it is important to note that use of a grace period abroad may restrict your ability to protect your invention in countries that do not operate a 12-month grace period, including the UK.

There are no restrictions regarding nationality or residency.

You can file a patent yourself in Canada, but it is recommended that you seek advice from an IP professional.

Designs

In Canada, design protection initially lasts for 5 years and can be extended for additional 5-year periods for a maximum of 15 years.

To protect your design in Canada you can:

1. File an application directly to .
2. File an international design application and select Canada as a designated country. This can reduce the cost and effort of applying for designs in multiple countries. More information on international designs can be found in the protecting your designs abroad page.

Good to know

There are no restrictions regarding nationality or residency.

Canada does operate a grace period where you can register a patent within 12 months of a public disclosure (under certain conditions). However, it is important to note that use of a grace period abroad may restrict your ability to protect your invention in countries that do not operate a 12-month grace period, including the UK.

Copyright

As in the UK,聽copyright is an automatic right under Canadian law, which is administered by CIPO.

Copyright in Canada protects works that are original and expressed in a tangible form, for example, recorded on tape or written down.

The length of protection lasts for the life of the author + 70 years, counted from 1 January of the year following the author鈥檚 death.

Good to know

It is recommended that copyrighted works are registered at for a fee. Copyright registration is voluntary but helps to provide evidence of copyright ownership before a court or relevant enforcement authorities.

Enforcing your rights

IP enforcement is generally effective in Canada. If your IP rights are infringed, there are different ways that you may look to enforce them. Litigation (court action) is the most commonly known method; however, this can often be very time consuming and expensive. Alternative enforcement routes include mediation, arbitration and expert determination.

CIPO has useful guidance on infringement of IP and enforcing your rights. Read: .

If you suspect goods infringing your trade mark, copyright or geographical indicator are being imported into Canada, you can request assistance from the (CBSA).

More information

Visit these pages for more information about and to .

The provide a variety of business advice, services, and support to businesses in Canada.