Deciding to Export

Intellectual Property

The IP Toolkit provides basic information on defining and protecting intellectual property. The following five questions and answers provide additional information on intellectual property issues:

What is intellectual property?
What types of intellectual property exist?
Is the copyright of a Canadian author valid in foreign countries?
Does trademark registration in Canada protect my rights in other countries?
Where can I get more information on intellectual property rights?

What is intellectual property?

Intellectual property refers to creations of the mind: inventions, methodologies, literary and artistic works, symbols, names, images, and designs used in commerce. You can receive legal recognition for your intellectual property in much the same way as you can receive title to a piece of land.

What types of intellectual property exist?

There are at least four different types of intellectual property of relevance to exporters:

  • Copyrights provide protection for literary, artistic, dramatic or musical works (including computer programs), and three other subject-matters known as: performance, sound recording and communication signal.
  • A trade-mark is a word, symbol or design (or combination of these features), used to distinguish the wares or services of one person or organization from those of others in the marketplace.
  • Patents cover new inventions (process, machine, manufacture, composition of matter), or any new and useful improvement of an existing invention.
  • Industrial designs are the visual features of shape, configuration, pattern or ornament (or any combination of these features), applied to a finished article of manufacture.

Back to top
Is the copyright of a Canadian author valid in foreign countries?

The copyright of a Canadian author is valid in foreign countries as long as the country in question belongs to one or more of the international copyright treaties, conventions or organizations. These include the Berne Copyright Convention, the Universal Copyright Convention, the Rome Convention, and the World Trade Organization (WTO). These international conventions, treaties and organizations include most countries in the world.

Does trademark registration in Canada protect my rights in other countries?

Trademark registration in Canada does not protect your rights in other countries. Before selling trademarked services abroad, you should consider applying for foreign registration. Contact a trade-mark agent or the embassy of the country in question to find out about procedures.

Where can I get more information on intellectual property rights?

For more information on intellectual property protection, contact: