Week 6 Group Discussion
Group 19
Kavi Senthilvel - 501269366
Simi Olatunji - 500700814
Sanam Imani Aghdam - 500936575
Praneeth Bharadwaj - 501279637
What is the Canadian context for protecting innovation?
- Canadian context for protecting innovation fosters economic growth, encourages R and
D, and maintains competition in global markets.
- As with many parts of the world, there are partner monitoring and governance in play to
protect any innovation through collaboration
- Canadian Law protects innovation through Intellectual Property Rights that protect
innovation. The Government of Canada website
https://www.canada.ca/en/services/business/ip.htm) allows you to apply for trademarks,
copyrights, and IP as a business tool.
- You can do a patent search to ensure that you are infringing on any intellectual
property.
- Legal framework in place through various Acts to protect the tools discussed
below.
What tools do Canadian innovators have at their disposal?
- Common options for Canadian innovators similar to the rest of the world through IP
Laws and regulations to protect innovation
- Patents: provide exclusive rights to inventions, preventing others from making using or
selling patented invention without permission. Granted by CIPO in Canada and offers
protection for new and useful innovations
- Trademarks: protects brands, logos and symbols to distinguish goods or services from
those of competitors. Registered through CIPO and grants exclusive right to use the
mark in connection with specific product or service
- Copyrights - protest originally literary, artistic, musial or dramatic works. Gives creators
exclusive rights to reproduce, distribute and publicly display their wor. Copyright Act
governs copyright protection in Canada also adminstered by CIPO
- Trade Secrets - safeguard confidential information such as formulas, processes or
customer lists and provide a competitive advantage. THey are not publicly disclosed and
rely on maintaining confidentiality
- Industrial Design - can be registered with CIPO and grants exclusive rights to the
designs visual features
- Government Funding and Support - offers programs and incentives for R&D, tax credits
and financial assistance to businesses engaged in technological innovation
- Non disclosure agreements - NDAs to protect confidential information with employees
partners and collaborators. Establishes legal obligation to maintain confidentiality.
What are the differences among IP (intellectual property) protection options?
- Patents: covers inventions, processes, machines.
- Grants exclusive rights to make use and sell for a time period. Typically 20 years
from filing date
- Requires formal application process and approval by CIPO
- Trademarks:
- Covers words, names, symbols, logos or designs to identify goods or services
- Grants trademark holder to exclusive rights to use the mark with products or
services and prevents others from using similar marks
- Trademarks are registered with CIPO in Canada
- Copyrights - protects literary, artistic, musical, dramatic, books, songs, paintings,
sculptures and software
- Grants exclusive rights to reproduce distribute perform and display and create
derivative work on original work
- Automatic upon creation of the work and does not require registration
- Industrial design covers appearance or design of a product, shape and configuration
- Grants design holder exclusive rights to visual features and prevents others from
making selling or importing products with similar appearance
- Can be registered with CIPO and involves examination to ensure it meets
specific criteria
- Trade secrets - confidential info within a company. Protects secret holder from
unauthorized disclosure, use or acquisition of confidential information.
- Protected through NDA, restricted access, and security protocols. Do not require
registration
Do your group members have any experiences with protecting intellectual property? If
so, then elaborate
- Kavi has worked with Trade Secrets at Sun Life, he has access to client lists and
benefits data and confidential information on all Canadian clients. Sun Life operates
worldwide but employees only access customers in the areas that they are responsible
for
- Kavi has worked with NDAs at Sun Life, special projects that cannot be discussed with
anyone that is not a part of the project
- Praneeth worked at Canada Drives, where they developed unique technology or
software for automotive sales and financing. Protecting that patented technology was
crucial to the future of their business strategy
- Sanam: In my role at an entertainment company, although I wasn't directly part of the
legal team, I had the opportunity to work closely with colleagues in the legal department
who were tasked with protecting the company's intellectual property. This collaboration
offered me valuable insights into the processes involved in registering copyrights for our
original content, the complexities of drafting and negotiating NDAs with partners and
employees, and the strategies used to actively pursue IP infringement cases.
What are your thoughts on how accessible IP protection tools are available to small(er)
businesses?
- In Canada it is very accessible as we can search patents on the Government of Canada
website (doubtful other parts of the world are as established) and apply to protect
confidential information
- Easy to draw up NDAs for the needs of any business needs or employees within a
company
- All information is held through the same governing body so it ensures that all businesses
are using the same source to protect or to ensure they are not infringing on any
intellectual property
- Free digital handbooks with FAQ for small businesses (getcybersafe.gc.ca)
- Canada provides several resources and support mechanisms aimed at improving
accessibility. Organizations like the Canadian Intellectual Property Office (CIPO) offer
tools and information designed to help small businesses understand and navigate the IP
landscape. Additionally, there are grants and programs aimed at reducing the financial
burden of IP protection for small businesses and encouraging innovation.
While there are significant challenges regarding cost, complexity, and awareness that can make
IP protection less accessible for small businesses in Canada, efforts by governmental and non-
governmental organizations to provide support, resources, and education are helping to mitigate
these barriers. For small businesses, leveraging these resources and seeking tailored advice
can be key steps in effectively protecting their intellectual property.
