INTELLECTUAL PROPERTY

No, the company name will protect against the registration of an identical company name in Quebec and even then governmental authorities do not guarantee it. To protect your company name across Canada, you need a trademark.

The incorporation of a company does not protect your company name across Canada. To protect your company name across Canada, you need a trademark.

A trademark is a right which confers to its holder the exclusive right to use a name, expression or logo in Canada in relation to specific wares or services. A trademark is the right legal instrument to protect your corporate, trade or domain name as well as your logo or commercial slogan.

A copyright offers protection for original works of authorship in Canada, whether these are literal, musical or graphical. Computer software is generally protected by copyright. Contrary to patents and trademarks, it is suggested, although not necessary, that a copyright be registered to be valid. A copyright protects against copying but not independent creation. For instance, if two persons wrote the same identical book without one copying from the other then there would be no violation of the copyright. Copyright protection affords the author of a copyrighted work with specific rights that the author can give or sell to others or keep for him/herself.

You cannot copyright an idea, but only its expression. In other words, the idea needs to be written in case of literal works or recorded for audio works.

It is very difficult to protect an idea unless it is consigned in some type of medium such as paper, recording or a diskette. If you wish to disclose your idea and wish to protect it, you may consider a confidentiality or non-disclosure agreement. If your idea is an invention, you may consider a patent.

A patent is a property right that protects inventions for all of Canada. It is granted by the government to the inventor. Generally a patent must be sought for each country in which a person wishes to protect his invention. The patent itself provides a detailed description of the invention, and how it is used or how to make it. A patent enables the owner to exclude others from making, using or selling the invention for the life of the patent.

A patent cannot be obtained for an idea or suggestion. A new method of doing business or a business concept or plan cannot be patented.

Patent pending means a patent was filed but not yet obtained. Patent pending is often inscribed to inform people that if they copy the invention and if a patent is obtained that they will be sued for damages for patent infringement.