Things to know Private sector privacy laws permit organizations in Canada to transfer personal information to another jurisdiction for processing, but does impose conditions. Public sector privacy laws in some provinces (British Columbia and Nova Scotia) prohibit personal information in the custody or control of public bodies from being stored or accessed outside of Canada, […]
Tag Archives | Doing Business in Canada
Consumer privacy
Things to know Canada broadly regulates the collection, use and disclosure of personal information in the course of commercial activity. Canada’s privacy laws apply to organizations collecting personal information of Canadian residents, even if those organizations are located outside of Canada. Personal information is defined to cover “information about an identifiable individual”, regardless of whether […]
Registering a .CA domain name
Things to know Many foreign companies use a .CA domain name to build goodwill and target consumers in Canada. All .CA domain names must be registered by individuals or companies that meet “Canadian Presence Requirements” — even if the domain name is being used only to re-direct internet traffic to another URL. Options for meeting […]
Protecting your trade secrets
Things to know TRADE SECRETS Trade secrets are a form of intellectual property. A broad range of information can be considered trade secrets, including for example formulas, processes, designs, production methods, customer lists and business plans. Information will only be protected by trade secret if it is confidential (known to relatively few people and not […]
Registering your industrial designs and integrated circuits
Things to know INDUSTRIAL DESIGNS Registration gives the registrant the exclusive right to manufacture, import, sell and rent any article in respect of which a design is registered and to which the design (or a design not differing substantially from the registered design) has been applied. An aesthetic shape, configuration, pattern or ornament of useful […]
Registering your copyright
Things to know Copyright protection in respect of an original work arises upon the creation the work. Although registration of copyright is not necessary, but registration provides presumptions that are useful in the event of litigation. Copyright generally lasts for the life of the author of the work plus 50 years. The Copyright Actprotects moral […]
Applying for a patent
Things to know A Canadian patent gives the patent holder the exclusive right to make, use and sell the patented invention. A patent generally expires 20 years from the filing date of the application. Canadian patents are granted on a “first-to-file” basis, not “first-to-invent” – this means that it is essential to prepare and filea […]
Registering your trademarks
Things to know REGISTRATION RIGHTS A Canadian trademark registration will give you the exclusive right to use your mark in association with your registered products or services across Canada, and the right to exclude others from using confusingly similar marks. A registration expires 15 years from the registration date but can be renewed for successive […]
Retaining intellectual property in what you develop
Things to know CANADA IS DIFFERENT Important differences exist between intellectual property (IP) rules in Canada and elsewhere. Key points to remember as between Canada and the U.S. include the following: Canada does not have a “work for hire” regime, making it critical to localize IP ownership clauses in agreements with employees, contractors and service […]
Construction issues
Things to know Architectural and engineering professionals are provincially regulated, and both individuals and businesses must be licensed. Licenses for General Contractors are generally not required, but provinces/territories generally require licensing for specialized trades or activities. Non-resident businesses performing work in Canada are subject to a statutory withholding tax. • Canada has a “contract-based” approach […]
