By: Stewart Maier and Jim Colvin
Intellectual property (IP) can be one of the most valuable assets a business owns, whether that business is a small startup or a multinational corporation. In Canada, IP includes a variety of rights—copyright, trademarks, patents, industrial designs, and trade secrets, among others—and each is governed by federal legislation and regulated by agencies such as the Canadian Intellectual Property Office (CIPO).
In particular, companies that operate in technology, blockchain, and artificial intelligence (AI) industries often rely on IP to protect innovations and to maintain a competitive edge. With 2025 now here, there have been several notable updates to Canadian IP laws and policies. Below is an overview of Canadian IP rights that matter to businesses, along with insights into recent changes and upcoming developments in the new year. This article explains the fundamentals of Canadian IP law for businesses, highlights noteworthy recent updates, and looks ahead to what entrepreneurs and established companies can expect.
Copyright
Copyright in Canada protects original artistic, literary, musical, and dramatic works, as well as software code, among other creations. Copyright arises automatically when an original work is produced in a fixed form, though registration with CIPO can confer added legal and evidentiary benefits. Although registration is not required for copyright protection, registering your copyright with CIPO can offer several advantages, such as a public record confirming ownership and more straightforward enforcement should a dispute arise. It is especially advisable for businesses generating large amounts of content—such as AI-based companies developing proprietary datasets or software firms coding innovative applications—to consider registering key works to strengthen their legal stance.
Copyright lasts for the life of the creator plus an additional 70 years (recently extended from 50 years), giving rights holders a long period of exclusive control over how the work is reproduced, distributed, and adapted. This term extension underscores the importance of appropriate record-keeping, contracts, and licensing arrangements to maximize the economic and strategic value of copyrighted materials.
Legal Action Against OpenAI by Canadian News Media
In November 2024, Canadian news organizations, including CBC/Radio-Canada, The Globe and Mail, and others, filed a lawsuit against OpenAI, alleging copyright infringement. The lawsuit claims that OpenAI used their content without authorization to train its AI models, such as ChatGPT, seeking substantial damages and an injunction to prevent further unauthorized use. This case underscores the importance of understanding how AI technologies interact with existing IP laws. Businesses developing or utilizing AI should ensure compliance with copyright laws, particularly regarding the use of third-party content.
Companies of all kinds routinely create copyrightable materials—advertising graphics, internal training manuals, product catalogs, website content, software code, and more. Securing copyrights helps ensure that others cannot reproduce or adapt these works without permission, thereby preserving competitive and creative advantages.
Trademarks
Trademarks protect distinctive words, designs, symbols, or combinations thereof that distinguish one company’s goods or services from those of others. This can include brand names, logos, slogans, or even distinctive packaging.
While unregistered (common law) rights do exist, the most robust protection comes from registering a trademark with CIPO. Registration grants nationwide rights to use and enforce the trademark in Canada. Businesses across all industries rely on trademarks to maintain brand identity, customer loyalty, and goodwill. This can be especially pivotal for companies whose brand names and product identities may become recognized and trusted quickly in niche markets. In Canada, a trademark registration initially lasts for 10 years. It can be renewed indefinitely, as long as the mark is in continuous use.
Recent Developments: “Deadwood” Trademarks and French Protections
Beginning in January 2025, CIPO will begin proactively sending out notices to registered trademark owners asking them to confirm that their trademarks are in recent and active use in Canada. This pilot project targets so-called “deadwood” marks on the Trademarks Register, meaning those that may have fallen into disuse. Owners who cannot demonstrate recent use risk having their registrations removed (expunged) from the Register of Trademarks through what are known as non-use or “section 45” proceedings. Previously, these proceedings were only triggered upon request by a third party. However, the latest initiative grants CIPO the authority to issue these notices on its own. If an owner does not produce sufficient proof of use, or fails to respond, their registration is likely to be cancelled in full or in part.
In addition, Quebec's Bill 96 introduces amendments affecting trademark usage, particularly concerning the French language requirements. Set to come into force on June 1, 2025, the finalized amendments clarify that both registered and unregistered (common law) trademarks on products can continue to benefit from the recognized trademark exemption, meaning they do not need to be translated into French, provided no French version of the mark appears on the trademark register.
Patents
Patents protect novel, useful, and non-obvious inventions. In Canada, a patent grants the owner the exclusive right to make, use, and sell the invention in Canada for up to 20 years from the filing date. Patents typically cover new and useful products, processes, machines, or other forms of technology.
To obtain a patent in Canada, inventors must file an application with CIPO that fully discloses how the invention works, including enough detail to enable a person skilled in the field to replicate it. After filing, the applicant must formally request examination (and pay the corresponding fee) within a set timeframe. An examiner will then review the application to ensure the invention is novel, useful, and non-obvious. If the examiner finds the invention meets all legal requirements, CIPO grants the patent. Maintenance fees must be paid annually to keep the patent in good standing throughout its term.
Patent Term Adjustment (PTA) System
A major update is on the horizon for 2025 with the introduction of a Canadian patent term adjustment (PTA) system. Effective January 1, 2025, patentees will be able to apply for additional patent term if CIPO unreasonably delays the examination or issuance of a patent. This new system responds to Canada’s commitments under the Canada-United States-Mexico Agreement (CUSMA). Under the PTA rules, “unreasonable delay” generally refers to situations where more than five years pass from the application’s filing date, or more than three years pass from when examination is requested, and the delay can be attributed primarily to CIPO rather than the applicant.
Industrial Designs
Industrial designs protect the visual features of shape, configuration, pattern, or ornamentation applied to finished articles. Registration with CIPO grants up to 15 years of exclusive rights in Canada. Businesses in consumer products, fashion, product packaging, or any field where appearance drives competitive advantage should be aware of industrial design protection.
Trade Secrets
Trade secrets, while not registered with CIPO, are a powerful tool for companies developing new algorithms, processes, customer lists, or other confidential information. Protecting trade secrets in Canada is largely a matter of contract law and common law, which generally require maintaining secrecy through non-disclosure and confidentiality agreements, internal security policies, and clear assignment clauses in employment and partnership contracts. Companies working on cutting-edge solutions or proprietary systems often rely on trade secrets for aspects of their innovation that they prefer not to disclose publicly through a patent application.
Takeaways and Implementing an Intellectual Property Strategy
The evolving IP landscape in Canada highlights one critical takeaway for businesses of every size: IP rights cannot be treated as a “develop-it-and-forget-it” asset. Whether your company is developing new technology, designing consumer products, or building a global brand, taking proactive steps to develop an intellectual property strategy to ensure your IP portfolio remains accurate, enforceable, and aligned with business goals is essential.
A proactive, well-designed IP strategy ensures that intangible assets—designs, brand reputation, and technological innovations —remain secure in an increasingly competitive environment. By routinely reviewing and updating your IP portfolio, businesses can identify new monetization opportunities (such as licensing), guard against infringement, and uphold the authenticity of products and services.
Since IP law is constantly changing, consulting with qualified legal professionals can help businesses navigate these intricacies. Legal advisors can assess which forms of protection are most appropriate, devise strategies to respond to enforcement issues or cancellation notices, and conduct portfolio reviews to eliminate inactive or underutilized IP. They can also assist in preparing robust internal policies and contracts designed to minimize risks, whether from employees, contractors, or external collaborators.
At Blue Rock Law, our experienced team is ready to guide your business through each stage of IP protection, helping you navigate regulatory changes, strategize enforcement measures, and secure the long-term value of your intellectual property.
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