FAQsIP Transactions

What if I do not intend to sell my asset or business?

You should consider an IP audit. An IP audit is a practical and economical long-term solution that allows your company to leverage and manage its creative assets for competitive intelligence and defensive product development. It allows you to detect any defects in your IP rights that may affect the value of your business. Also, it is an early warning system for reducing the high cost of litigation. It is a proactive and preventive approach to managing the IP risks and liabilities faced by every business. You can choose between three types of examination: Basic, InDepth & RoadMap. A basic examination…
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October 18, 2019
FAQsIP Transactions

Is an IP due diligence review different from an ordinary commercial transaction?

Yes. IP is a specialized discipline of  corporate/commercial law. It requires a particular understanding of  the scope and strength of IP rights and its impact on the business and the deal terms. We work with your business to formulate systems that anticipate risk and address potential problems before they arise. We make sure that management understands the nature of the IP liabilities your business faces, and provide the tools you need to address these issues strategically and effectively so that you can get the best price possible and minimize your risk of loss when you are ready to sell.
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October 18, 2019
FAQsIP Transactions

What is due diligence?

IP due diligence is the process by which the quality, validity, scope and status of any intellectual property rights can be determined in a commercial transaction. For instance, without conducting an IP due diligence review, it is not uncommon to find out after the purchase and sale of a business that the: domain name is in the name of an ex-employee or; business is being sued for trademark infringement for which the new owner is now responsible or; copyright, hence the ownership, in and to the purchased website belongs to someone else.
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October 18, 2019
FAQsIP Litigation

Why is IP litigation usually in the Federal Court?

While IP matters may be heard in provincial courts, they are usually dealt with in the Federal Court of Canada which has concurrent jurisdiction. Further, unlike provincial courts, the Federal Courts exercises specialized jurisdiction for IP proceedings and various issues arising out of federal statutes. The Federal Courts have Canada wide jurisdiction and enforcement powers. In practice, this means that a person located in Ontario may initiate an action or lawsuit against a person in British Columbia for an act that took place in Alberta. If a decision is rendered in favour of the plaintiff, the plaintiff may enforce its…
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October 18, 2019
FAQsIP Litigation

What is IP litigation?

IP litigation focuses on the issues specific to and that may arise under the Trademarks Act, Patent Act, Copyright Act, Industrial Design Act and related rights such as trade secrets. Whereas commercial litigation deals with general types of business problems and is usually limited to a province.
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October 18, 2019
FAQsIndustrial Design

Industrial Design Expertise

In medicine, all doctors are technically qualified to help you. However, when you have a specific problem, you want and need to see a specialist. The same principle is applicable with intellectual property issues. You want and need to entrust your most valuable assets to an intellectual property professional with the expertise and experience to efficiently provide you with solutions.
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October 18, 2019
FAQsIndustrial Design

Doing business abroad or exporting

Whether you are physically shipping across Canadian borders or transferring data via the web, wherever you have a competitive edge, there is someone or a business out there that is ready to imitate or “improve” your design. By filing an industrial design application, you are staking your claim in your target markets to safeguard your sales and reputation. Canada belongs to several international conventions for facilitating filing in other countries. For instance, a Canadian applicant may file an industrial design application in another country within six months of the original application in Canada and still obtain in the foreign country…
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October 18, 2019
FAQsIndustrial Design

Loss of Rights by premature public disclosure

Looking left and right before crossing a street is an option that comes with no guarantee that an accident will not happen. However it allows you to assess a life threatening risk. An industrial design search, in the same way, allows you to make an informed decision by learning what has already been registered and how your design can be distinguished from others.
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October 18, 2019
FAQsIndustrial Design

Does my company need an industrial design registration?

Yes, if any, or part of your company’s success depends on its intellectual creativity from designing eye catching products. Without a proper intellectual property protection strategy, your company’s existence may be short-lived. Industrial designs: can protect you against copying; can earn licensing revenues; may be used as leverage in negotiations; and may be used as a defence in an infringement suit. Lastly, independent research has shown that ownership of registered intellectual property significantly increases the market value of a company.
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October 18, 2019