Trade Accelerator Program Intellectual Property Session Acquiring Intellectual

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Trade Accelerator Program Intellectual Property Session Acquiring Intellectual Property Presented to Trade Accelerator Program

Trade Accelerator Program Intellectual Property Session Acquiring Intellectual Property Presented to Trade Accelerator Program September 10, 2019 Presenter Noren Howg, Lawyer, Intellectual Property

Intellectual Property refers to a bundle of rights that enables you to preclude others

Intellectual Property refers to a bundle of rights that enables you to preclude others from using the protected aspect of your business without your permission. 2

Bundle of rights Patent Act Trademarks Act Copyright Act Confidential Information 3

Bundle of rights Patent Act Trademarks Act Copyright Act Confidential Information 3

Brand Management 4

Brand Management 4

Brand Management – Principle of Law Having established a business reputation under a particular

Brand Management – Principle of Law Having established a business reputation under a particular mark, the business has the right to restrain anyone else from injuring their business by using their mark, or a mark so similar as to confuse or deceive. 5

What is a Trademark? word, slogan, designs are “signs” including non-traditional signs, such as

What is a Trademark? word, slogan, designs are “signs” including non-traditional signs, such as shape, sound, smell, taste, texture, hologram, single colour or colour combinations without delineated contours, three-dimensional and moving images symbol of a connection between a source of a product or service and the product or service itself (“linkage”) acts to distinguish your product or service from the product or service of third parties trademark may be inherently distinctive or acquire distinctiveness through use 6

Benefits of Registering a Trademark Benefits to registration: national protection presumptive validity exclusive rights:

Benefits of Registering a Trademark Benefits to registration: national protection presumptive validity exclusive rights: Once registered, a trademark provides an exclusive right to use the mark in Canada with respect to wares and services claimed enhanced statutory remedies public notice to competitors access to foreign registrations even in the absence of use in those territories 7

Part I - Protect your Brand protection strategy Trademark registration If trademark is a

Part I - Protect your Brand protection strategy Trademark registration If trademark is a logo, then must acquire copyrights and waiver of moral rights Domain name registration Trademark use policy Licenses 8

Part II - Enforcing your Protected Rights Competitive Intelligence - Is anyone infringing your

Part II - Enforcing your Protected Rights Competitive Intelligence - Is anyone infringing your rights? Identify corporation? Trademarks registered? Domain Names? Enforcement of Brand Rights Action in trademark infringement Action in passing-off 9

Product Management 10

Product Management 10

What is your Competitive Advantage? Product vs Process Patent vs Trade Secret Is it

What is your Competitive Advantage? Product vs Process Patent vs Trade Secret Is it patentable? Patent criteria: novelty, inventiveness and utility If not, then it is a trade secret and would require the appropriate protection 11

Confidentiality Agreement Overcome objections: Tailor it Get a professional Negotiate 12

Confidentiality Agreement Overcome objections: Tailor it Get a professional Negotiate 12

Patents A Patent is the right to preclude others from practicing (i. e. making,

Patents A Patent is the right to preclude others from practicing (i. e. making, using or selling) an invention in Canada for a period of 20 years from date of filing. Patents offer: Protection of research and development Protection against independent creation Barrier to entry of competitors Improved valuation of intangible assets Credibility - investors, shareholders, suppliers, customers Protection from competitors’ patent portfolios License others to make, use or sell 13

Part I - Protect your Product What is your competitive advantage? Review your product,

Part I - Protect your Product What is your competitive advantage? Review your product, process and business methods Patentable technology? Trade secret? Are you infringing any third party technology? 14

Part II - Enforcing your Protected Rights Enforcement of Product Rights Action in Infringement

Part II - Enforcing your Protected Rights Enforcement of Product Rights Action in Infringement Action in Breach of Confidence 15

Thank you Noren Howg Lawyer 403. 651. 5352 howgn@bennettjones. com 16

Thank you Noren Howg Lawyer 403. 651. 5352 howgn@bennettjones. com 16