Exporting offers B.C. businesses significant growth opportunities to share ideas, inventions and brands. With that in mind, exporters also need to consider how to protect those very ideas, inventions and brands from unauthorized use, misuse and infringement. 

What is Intellectual Property? 

Intellectual Property (IP) is defined by the World Intellectual Property Organization as “creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce.” 

In Canada, IP is typically protected with: 

  • Copyright – for original works such as books, videos, photos and software. 
  • Industrial designs – for the look and shape of products. 
  • Patents – for new inventions and technologies. 
  • Plant breeders’ rights – for new plant varieties. 
  • Trademarks – for names, logos and brand identifiers. 
  • Trade secrets – for confidential business information, such as formulas, recipes, customer lists or processes that generate value from being secret. 

These legal protections give the holder exclusive rights to use or license their IP and prevent others from copying or misusing them. 

Why IP matters in exporting 

When you’re doing business outside of Canada, your IP is exposed to new markets and new risks. Every country has its own laws, regulations and legal systems, meaning that your Canadian protections may not apply. 

Without the correct protections in place, you could end up dealing with: 

  • Counterfeit products using your trademark 
  • Unauthorized production or sale of your product or invention 
  • Misuse of your confidential business information 
  • Distribution or display of your work without your permission 
  • Registration of your brand before you do 

Prior to attending international trade shows, launching your products in a new country or licensing your work, you need to conduct due diligence and protect your IP. 

 

Protecting IP abroad 

There are steps to follow to ensure that your IP is protected in global markets.  

  1. Be sure to review your IP and determine what you need to protect. 
  1. Register your IP early, especially with countries that use a “first-to-file” system. 
  1. Use contracts to protect yourself, particularly when working with overseas agents, distributors or manufacturers. 
  1. Ensure your products are clearly marked with your trademark or copyright information. 
  1. Monitor for infringement and act if someone uses your IP unlawfully. 

International treaties like the Berne Convention (for literary and artistic works), the Hague Agreement (for industrial designs), Madrid Agreement (for trademark protection) or Patent Cooperation Treaty are there to help protect your IP when you’re doing business globally. 

Get advice 

The world of global IP protection is large, but you don’t have to manage it alone. There are many resources available to help you protect yourself and your business. 

Stay protected while you grow 

Your IP is often just as valuable as your product. By both understanding IP and protecting it, you can give yourself a competitive advantage and keep your business safe as you expand into new markets. 

Ready to learn more? Connect with an Export Advisor who can help guide you through your export strategy and guard your IP at the same time. Plus, our Technical Specialist Pilot Program provides free consultation with professional service providers, including legal guidance on intellectual property.