| Type of Protection | Patent | Industrial Design | Trade mark | Copyright |
|---|---|---|---|---|
| What is Protected? | Functional features of process, machine, manufactured item or composition of matter. | Ornamental designs for articles of manufacture. | Words, names, symbols, or logos. | Writings, photos, music, works of art, computer programs. |
| Criteria for Protection? | Useful, new and unobvious. | New and original. | Used to identify and distinguish goods or services. | Originality. |
| How Obtain Rights? | Registration at Patent Office. | Registration at Industrial Designs Office. | Common Law – local reputation
Registration – national protection. |
Automatic upon creation. Registration at Copyright Office recommended. |
| Term of Protection? | 20 years from date of filing of application. | 5 years from registration – renewable for additional 5 years | Common Law – indefinitely
Registration – renewable terms of 15 years. |
Generally life of author plus 50 years. |
| Test of Infringement? | Making, using or selling devices embodying the claimed invention? | Designs look alike to ordinary observer? | Likelihood of confusion? | Substantial portion copied? |
CAVEAT: This chart provides an over-simplified comparison. Many of the words used above are terms of legal art and the subject of judicial interpretation.
| Type of Protection | Trade Secret | Plants | Chips |
|---|---|---|---|
| What is Protected? | Technical secrets, customer lists | Propagating materials for a prescribed category | Chip topography/mask works |
| Criteria for Protection? | Generally not known to the public | New, stable, uniform, distinct | Original |
| How Obtain Rights? | Maintenance of secrecy | Registration at Agriculture Canada | Registration at Copyright Office |
| Term of Protection? | Indefinitely until disclosure or independent discovery that becomes public | 18 years from registration | 10 years from the earlier of the first commercial exploitation or date of filing of application |
| Test of Infringement? | Theft | Sell or produce protected variety | Substantial portion reproduced |
Note. “utility patent” (e.g. US) vs. “utility model” (e.g. Japan, Korea)
For assistance, please contact Neil Melliship or Brock Smith.
