By Trish Sawhney

We are delighted to announce that Clancy PC has been featured in the Ottawa Business Journal!

The article, written by David Sali, highlights our recent partnership with Amazon via the Amazon IP Accelerator program. This program aims to provide small and medium-sized businesses across Canada the opportunity to secure trademark protection for their brands on Amazon and the Canadian marketplace in a timely and cost-effective manner.

As one of only 8 firms in Canada to be chosen, we are honoured to partner with Amazon and eager to help Canadian businesses build their brands and protect their intellectual property. As stated by Paula Clancy herself, this is a tremendous opportunity and of national importance!  

Check out the article here: https://www.obj.ca/article/techopia/mark-ottawa-law-firms-join-program-aimed-protecting-amazon-merchants-ip

If you are interested in selling your products on Amazon, contact us today to learn more!

By Trish Sawhney

​The newly announced Federal Budget 2021 proposes a variety of amendments to ensure Canadian innovators, start-ups, and technology-intensive businesses can access proper capital to protect innovations and succeed in the long term. While further details have yet to be released, we have provided a snapshot of some of the proposed investments below:

To begin, Budget 2021 introduces a new measure, which will allow Canadian-controlled private corporations to immediately expense up to $1.5 million in eligible investments, including intellectual property.

Secondly, Budget 2021 proposes a variety of amendments to the Canada Small Business Financing Program (“CSBFP”). These changes are expected to increase annual financing by $560 million, resulting in support for nearly 3000 more small businesses.

For example, as it currently stands, the CSBFP does not provide financing to help small businesses protect intellectual property. However, Budget 2021 intends to expand the CSBFP’s loan class eligibility to include lending against intellectual property and start-up assets and expenses. Budget 2021 also plans to expand borrower eligibility to include non-profit and charitable social enterprises.

Lastly, Budget 2021 proposes to support Canadian businesses through the following investments:

• $90 million, over two years, starting in 2022-23, to create ElevateIP, a program to help accelerators and incubators provide start-ups with access to expert intellectual property services; and,

 

• $75 million over three years, starting in 2021-22, for the National Research Council’s Industrial Research Assistance Program to provide high-growth client firms with access to expert intellectual property services.

 
These welcomed changes are intended to further incentivize businesses to invest in assets like intellectual property, ultimately acting as a driver for innovation and growth throughout Canada.
 
If you would like to learn about other financing options that are currently available for Canadian businesses, please check out this resource from the Canadian Intellectual Property Office.
 
Interested in discussing strategies for protecting your intellectual property? Contact us today!

By Sukey Omran

The information in this guide has been provided by the Canadian Department of Industry. Please note that this guide does not constitute legal advice and is merely intended to act as an aid if you are considering global expansion.

Where is IP registered?
The European Union Intellectual Property Office (EUIPO) is the agency responsible for registering EU-wide trademarks and designs. The granting of EU patents is administered by the European Patent Office (EPO).

Trademarks

• Filing System:  There are two primary paths to trademark registration: (1) a European Union trademark (EUTM) provides protection in all member states of the Union (2) a national level trademark provides users with protection through the individual IP office of the EU country in which they apply.

• Registration Period: The term of an EUTM is 10 years and may be renewed every 10 years.

• Madrid Protocol: As a member of the Madrid Protocol, the EU can be designated in an international application filed via the Madrid System.

IP Enforcement
Enforcement is administered on a country-by-country basis. Therefore, you must monitor the marketplace for any unauthorized use of your IP. Enforcement of your IP rights is your responsibility.

You may choose to do the following in protecting your IP rights:

• Under the Directive, all EU countries have similar measures available for IP rights holders to defend their IP rights. IP rights can be defended by asking customs to seize goods suspected of infringing any IP. In order to do so, an “application for action” must be filed with the relevant customs department. Depending on your particular rights, the application for action can be national or EU-wide.
  

• Legal proceedings can also be started to enforce your IP rights. Mediation and arbitration, which are generally more informal, less adversarial, cheaper and settlement-focused, can be used as alternatives to going to court.

 
Interested in expanding your trademark protection into the European Union? Contact us today!

We’re so proud to be working with Invest Ottawa and Digital Main Street to bring the Future Proof program to our local businesses. The program helps shops, restaurants, skilled trades companies, and home-based artisans increase online sales and build more efficient, sustainable businesses –for free. We’re dedicated to making our neighbourhood the best place to shop, explore, and eat.This is our way of showing our dedication to OUR community. Visit our website today!  #LoveOttBiz #DigitalMainStreet208

Paula Clancy will be attending this year's virtual INTA Leadership Meeting from May 3-7.  We are looking forward to seeing friends and colleagues from around the world.  Connect with us today!

By Trish Sawhney

​The information in this guide has been provided by the Canadian Department of Industry. Please note that this guide does not constitute legal advice and is merely intended to act as an aid if you are considering global expansion.

Where is IP registered?
The Japan Patent Office (JPO) is the Japanese government agency responsible for granting trademark, patent, utility model and design rights.

Trademarks

Filing System: Japan follows a "first-to-file" system for trademark rights, which means that whoever registers a trademark first holds the exclusive right to the use of the trademark.

Registration Period: In Japan, a trademark is registered for 10 years and can be renewed every 10 years.

Non-Use: If you are not regularly using your trademark in the Japanese marketplace, it may be subject to a dispute or challenged for non-use. Cancellation may be requested if the trademark is not used for 3+ consecutive years.

Madrid Protocol: As a member of the Madrid Protocol, Japan can be designated in an international application filed via the Madrid System.

IP Enforcement
There are several ways to enforce your rights against unauthorized use of your IP in Japan:

• Japan maintains a strong framework of enforcement measures to protect against IP infringement. IP owners can send a warning letter to notify the infringer of their actions in hopes that the infringer ceases all wrongful actions.
  
  
• IP right holders can request a provisional injunction to prevent infringing acts from continuing until the case is resolved.
  
  
• The Japan Customs tariff law gives IP owners the option of filing for custom suspension of infringing goods. If the goods are found to be infringing, the company may face a fine of up to USD 100,000.
  
  
• Japan also provides the option of ADR processes, such as mediation and arbitration. ADR processes are generally more informal, less adversarial, cheaper and settlement focused. They can be used before or as an alternative to going to court.

Interested in expanding your trademark protection into Japan? Contact us today.

We are thrilled to announce that Paula Clancy has been appointed as a DMS Ambassador for Invest Ottawa's Digital Mainstreet Program.The program aims to future-proof businesses by offering a variety of services for digital transformation. To find out more about the program, click here. #iLoveOttBiz 

By Sukey Omran

The information in this guide has been provided by the Canadian Department of Industry. Please note that this guide does not constitute legal advice and is merely intended to act as an aid if you are considering global expansion.
 
Where is IP registered?
Trademarks, copyrights, patents, and designs are granted under the authority of the Office of the Controller General of Patents, Designs & Trademarks (also known as Intellectual Property India), operating under the Department of Industrial Policy & Promotion.
 
Trademarks

• What is it: An Indian trademark distinguishes your company’s goods and services from those of others in the marketplace and may be composed of letters, words, numbers, and/or designs. Colour combinations and three-dimensional shapes are also registerable in India if indicated on the application. Sound marks may also be registered if capable of being represented graphically and are found to be distinctive through use. The registration can take different forms namely word mark, label, logo and device mark.
• Filing System:  Trademark applications must be filed with the Trademarks Registry in the regional office in which your business is situated. Registration may be based on the proposed use of a mark. It is therefore important to apply for registration as early as possible to ensure protection.
• Registration Period: A trademark is registered for 10 years in India and may be renewed indefinitely for periods of 10 years.
• Non-Use: A registration for a trademark that has not been used in India for five consecutive years may be subject to cancellation.
• Madrid Protocol: As a member of the Madrid Protocol, India can be designated in an international application filed via the Madrid System.

IP Enforcement
India offers several ways to enforce your rights against unauthorized use, including customs seizures and civil litigation.
 
You may choose to do the following in protecting your IP rights:

• All types of IP may be protected by the Indian Central Board of Excise and Customs which acts to prevent the import of allegedly infringing goods into India, as long as the IP has been registered or granted by the appropriate IP office. Registration is for a period of at least one year.
• Civil suits are possible for all types of IP infringement. Relief may include temporary or permanent injunction, damages or accounting of profits, delivery up of goods and/or legal costs.
• India’s Copyright Act and Trade Marks Act provide for penalties including imprisonment for a period of up to 3 years, as well as a fine of up to 200,000 rupees.

 
Interested in expanding your trademark protection to India? Contact us today!
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