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.

Canadian Intellectual Property Office
Office de la propriété intellectuelle du Canada
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
TypeSpecial Operating Agency[1]
JurisdictionGovernment of Canada
HeadquartersGatineau, Quebec[2]
45.428499°N 75.712720°W / 45.428499; -75.712720
Employees1,000 (as of 2019)[3]
Minister responsible
Agency executive
Parent departmentInnovation, Science and Economic Development Canada
Child agencies
WebsiteOfficial website
Canadian patent law
Patentability
Infringement
Legal texts
Governmental organization
Categories
  • Canadian patent law
  • Canadian patent case law

CIPO is based in Gatineau, Quebec as part of the National Capital Region.[2] The current interim Commissioner of Patents, Registrar of Trademarks and Chief Executive Officer of CIPO is Konstantinos Georgaras.[4]

CIPO cooperates with its counterpart organizations around the world through international intellectual property (IP) treaties.[6] 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.[6] 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.[6]

CIPO received applications to register more than 36,000 patents, 63,000 trademarks and 6,000 industrial designs in 2018.[7]

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.[8]

Trademarks
See also: Canadian trademark law

CIPO administers the Trademarks Act, Trademarks Regulations, Olympic and Paralympic Marks Act, and the Olympic and Paralympic Marks Regulations.[9] In particular, the Trademarks and Industrial Design Branch is responsible for processing filings, conducting examinations, and approving or refusing applications.[10][11] If a trademark application is refused, there is a right of appeal to the Federal Court of Canada.[10][11] 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.[10][11] 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.[10][11]

Patents
See also: Canadian patent law

CIPO administers the Patent Act and Patent Rules.[12] More specifically, the Patent Branch is responsible for processing filings, conducting examinations, and approving or refusing applications.[13] If a patent application is refused, there is a right of appeal to the Commissioner of Patents.[13] This review is conducted by an administrative body within CIPO—the Patent Appeal Board.[13]

See also: Copyright law of Canada

CIPO administers the Copyright Act and Copyright Regulations.[14] CIPO is responsible for processing copyright applications, assignments and licences.[15]

Industrial designs
See also: Industrial design right § Canada

CIPO administers the Industrial Design Act and Industrial Design Regulations.[16] CIPO is responsible for processing filings, conducting examinations, and approving or refusing applications.[17] If an industrial design application is considered for a possible refusal, the decision can be reviewed by the Patent Appeal Board.[17] If the application is ultimately refused, the decision can be appealed to the Federal Court of Canada.[17]

Integrated circuit topographies
See also: Integrated Circuit Topography Act

CIPO administers the Integrated Circuit Topography Act and Integrated Circuit Topography Regulations.[18] CIPO is responsible for processing integrated circuit topography applications, assignments and licences.[19][20]

References
  1. "Canadian Intellectual Property Office". Government of Canada. 2020-07-08.
  2. "Contact: Canadian Intellectual Property Office". Government of Canada. 2020-04-28.
  3. "Annual Report 2017-2018". Government of Canada. 2019-02-11.
  4. "Konstantinos Georgaras, interim Chief Executive Officer". Government of Canada. 2020-09-11.
  5. "Organizational structure". Government of Canada. 2020-01-06.
  6. "Canada has joined 5 international intellectual property treaties". Government of Canada. 2019-10-31.
  7. "CIPO releases its IP Canada Report 2019". Government of Canada. 2019-09-04.
  8. "CIPO mandate". Government of Canada. 2019-01-31.
  9. "Trademarks". Government of Canada. 2020-07-13.
  10. "IP roadmap—Your path to trademark registration". Government of Canada. 2020-07-10.
  11. "How your trademark application is processed". Government of Canada. 2018-03-08.
  12. "Patents". Government of Canada. 2020-07-13.
  13. "A guide to patents". Government of Canada. 2020-02-24.
  14. "A guide to copyright". Government of Canada. 2019-08-27.
  15. "Industrial designs". Government of Canada. 2020-07-13.
  16. "Industrial designs guide". Government of Canada. 2020-06-30.
  17. "Integrated Circuit Topographies". Government of Canada. 2015-06-01.
  18. "A Guide to Integrated Circuit Topographies". Government of Canada. 2015-10-02.
  19. "Filing of Other Particulars". Government of Canada. 2015-06-01.

Trademarks

Patents

Industrial designs

Integrated circuit topographies
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