Canadian Intellectual Property Office
The Canadian Intellectual Property Office (CIPO; French: Office de la propriété intellectuelle du Canada) is the patent, trademark, and copyright administration body of Canada. Structurally, the CIPO functions as a Special Operating Agency (SOA) which is associated with Innovation, Science and Economic Development Canada.[1] CIPO also administers industrial designs and integrated circuit topographies.
Official bilingual (French and English) logo of the Canadian Intellectual Property Office | |
Place du Portage Phase I building (left) where the Canadian Intellectual Property Office headquarters are located in Gatineau, Quebec | |
Agency overview | |
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Type | Special Operating Agency[1] |
Jurisdiction | Government of Canada |
Headquarters | Gatineau, Quebec[2] 45.428499°N 75.712720°W |
Employees | 1,000 (as of 2019)[3] |
Minister responsible | |
Agency executive |
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Parent department | Innovation, Science and Economic Development Canada |
Child agencies |
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Website | Official website |
Canadian patent law |
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Patentability |
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Infringement |
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Legal texts |
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Governmental organization |
Categories |
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CIPO is based in Gatineau, Quebec as part of the National Capital Region.[2] The current Commissioner of Patents, Registrar of Trademarks and Chief Executive Officer of CIPO is Johanne Bélisle.[4] She began her role on September 8, 2015.[6] Bélisle was appointed by Minister of Industry James Moore on June 26, 2015.[6]
CIPO cooperates with its counterpart organizations around the world through international intellectual property (IP) treaties.[7] In 2019, Canada ratified and fully implemented the Hague Agreement for industrial designs; the Madrid Protocol, Singapore Treaty, and Nice Agreement for trademarks; and the Patent Law Treaty for patents.[7] Prior to 2019, Canada already joined the TRIPS Agreement and Paris Convention for intellectual property; the WIPO Convention for trademarks and copyright; the Berne Convention, Rome Convention, and the Marrakesh VIP Treaty for copyright; and the Budapest Treaty, Patent Cooperation Treaty, Strasbourg Agreement, and the UPOV Convention for patents.[7]
CIPO received applications to register more than 36,000 patents, 63,000 trademarks and 6,000 industrial designs in 2018.[8]
Mandate
CIPO is responsible for processing applications to register patents, trademarks, copyrights, and industrial designs.[3] CIPO's mandate is to provide this service and, more generally, to provide education on intellectual property to Canadians.[9]
Trademarks
CIPO administers the Trademarks Act, Trademarks Regulations, Olympic and Paralympic Marks Act, and the Olympic and Paralympic Marks Regulations.[10] In particular, the Trademarks and Industrial Design Branch is responsible for processing filings, conducting examinations, and approving or refusing applications.[11][12] If a trademark application is refused, there is a right of appeal to the Federal Court of Canada.[11][12] If a trademark application is approved, the Trademarks and Industrial Design Branch is also responsible for advertising it in the Trademarks Journal and ultimately, processing the registration and renewal of the trademark.[11][12] However, if an opposition is filed during the advertisement stage, the application is referred to the Trademarks Opposition Board (another body within CIPO) for adjudication.[11][12]
Patents
CIPO administers the Patent Act and Patent Rules.[13] More specifically, the Patent Branch is responsible for processing filings, conducting examinations, and approving or refusing applications.[14] If a patent application is refused, there is a right of appeal to the Commissioner of Patents.[14] This review is conducted by an administrative body within CIPO—the Patent Appeal Board.[14]
Copyright
CIPO administers the Copyright Act and Copyright Regulations.[15] CIPO is responsible for processing copyright applications, assignments and licences.[16]
Industrial designs
CIPO administers the Industrial Design Act and Industrial Design Regulations.[17] CIPO is responsible for processing filings, conducting examinations, and approving or refusing applications.[18] If an industrial design application is considered for a possible refusal, the decision can be reviewed by the Patent Appeal Board.[18] If the application is ultimately refused, the decision can be appealed to the Federal Court of Canada.[18]
Integrated circuit topographies
CIPO administers the Integrated Circuit Topography Act and Integrated Circuit Topography Regulations.[19] CIPO is responsible for processing integrated circuit topography applications, assignments and licences.[20][21]
References
- "Canadian Intellectual Property Office". Government of Canada. 2020-07-08.
- "Contact: Canadian Intellectual Property Office". Government of Canada. 2020-04-28.
- "Annual Report 2017-2018". Government of Canada. 2019-02-11.
- "Johanne Bélisle, Chief Executive Officer". Government of Canada. 2019-08-15.
- "Organizational structure". Government of Canada. 2020-01-06.
- "Johanne Bélisle appointed as Chief Executive Officer of the Canadian Intellectual Property Office". Government of Canada. 2015-06-26.
- "Canada has joined 5 international intellectual property treaties". Government of Canada. 2019-10-31.
- "CIPO releases its IP Canada Report 2019". Government of Canada. 2019-09-04.
- "CIPO mandate". Government of Canada. 2019-01-31.
- "Trademarks". Government of Canada. 2020-07-13.
- "IP roadmap—Your path to trademark registration". Government of Canada. 2020-07-10.
- "How your trademark application is processed". Government of Canada. 2018-03-08.
- "Patents". Government of Canada. 2020-07-13.
- "A guide to patents". Government of Canada. 2020-02-24.
- "Copyright". Government of Canada. 2018-04-27.
- "A guide to copyright". Government of Canada. 2019-08-27.
- "Industrial designs". Government of Canada. 2020-07-13.
- "Industrial designs guide". Government of Canada. 2020-06-30.
- "Integrated Circuit Topographies". Government of Canada. 2015-06-01.
- "A Guide to Integrated Circuit Topographies". Government of Canada. 2015-10-02.
- "Filing of Other Particulars". Government of Canada. 2015-06-01.