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Protecting your intellectual property in export markets

Intellectual properties are creative ideas or designs that have commercial value. They include:

• Patents which protect new inventions or improvements to an existing invention
• Trade-marks which are words, symbols or designs used to distinguish a product or service from any other
• Copyrights which provide protection for artistic, dramatic, musical and literary creations
• Industrial designs which are the visual features, such as shape, configuration and pattern, applied to a finished article.
• Integrated circuit topographies which is made up of the three-dimensional electronic circuit designs used in technology.

In almost all cases, intellectual property is only protected within national borders. This means that having your IP protected in Canada does not automatically give it protection if you export it to a foreign market.

The exception is Canadian copyright which is automatically valid in any country that has signed the Berne Copyright Convention or other copyright treaties. Canada has ratified several other treaties dealing with other types of IP, such as trade-marks. However, these treaties still require that you register your IP in the foreign country before that property is protected.

The treaties usually only ensure that the protection is the same for all treaty signatories and that the protection will be given, if requested, in a foreign country provided the protection has already been given in the country of origin.

How do you protect your IP in other countries?

If you plan to export your IP, you also risk having it stolen. Therefore, you want the treaties Canada signed to work for you.

Step 1: Make sure your IP is protected here in Canada. In all cases, except copyright, this means registering with the Canadian Intellectual Property Office (CIPO). In the case of copyright, protection is given as soon as your work is completed. However, it can be difficult to prove that you have a legitimate claim on a copyright. To be sure that you are protected, you should register with the Copyright Office within CIPO.

Step 2: Register with the foreign intellectual property office of the country where you want to export before you begin exporting. Most countries are members of treaties or conventions to which Canada is also a party. This makes registering a very easy process. Quite often, simply proving that your intellectual property is registered in Canada is all you need to get registered in a treaty country.

If there is no agreement of any kind in the foreign country where you want to export, then you need to start from the beginning. Look into the laws of that country. The requirements might be the same as they are here in Canada, or they could be very different. Be sure you have everything you need before starting the registration process. If you need help, the Canadian consulate in the foreign country, or that country's consulate in Canada, should be able to give you some advice. Remember - do not give any particulars about your intellectual property until you start the registration process. You do not want to give an unscrupulous person the opportunity to steal your idea.

The following resources can help you protect your intellectual property:

• World Intellectual Property Organization
  
  http://www.wipo.int/sme/en/
  Become familiar with this international organization with a focus on the intellectual property-related needs of small and medium businesses worldwide through education, research and assistance programs.
• Canadian Intellectual Property Office
  
  http://www.canadabusiness.ca/eng/summary/1430/
  Applies to: All of Canada
  If you want to protect your invention or creative work, this organization will provide you with what you need to protect your intellectual property rights.
• Intellectual property for exporting businesses
  
  http://www.cipo.ic.gc.ca/eic/site/cipointernet-internetopic.nsf/eng/wr03073.html
  If you are an exporter, find out how you can protect your intellectual property outside of Canada.
• Intellectual Property Toolkit
  
  http://www.canadabusiness.ca/eng/summary/1431/
  Applies to: All of Canada
  Find information, tutorials and links that answer most questions about intellectual property.
• Patent Prosecution Highway Program
  
  http://www.canadabusiness.ca/eng/summary/2122/
  Applies to: All of Canada
  You can request an accelerated patent examination if a corresponding claim has been allowed in another participating country.