​On June 28th, the Government of Canada’s College of Patent Agents and Trademark Agents (CPATA) was established to implement a regulatory framework for the professions of patent and trademark agents. The College is a part of Canada’s Intellectual Property Strategy and aims to ensure the integrity of these professions. 
 
The CPATA is now responsible for: 

• agent registration and maintenance
• maintenance of the public-facing list of registered trademark and patent agents 
• agent examination 
• creating and maintaining an agent code of conduct and related discipline 

The Canadian Intellectual Property Office (CIPO) will no longer register patent and trademark agents and passed this responsibility onto the CPATA as of June 28th. CIPO will continue with a collaborative relationship with the college and the patent and trademark agent community. 
 
For informational resources, see below:

• CIPO’s article covering the following topics: 
  • What does an agent need to know until the coming-into-force day of the College?
  • What does an agent need to know after the coming-into-force day of the College?
  • What does an exam candidate need to know?
  • What do foreign patent agents and trademark agents need to know?
  • Transfer of agent information to the College
• CIPO’s FAQ on the CPATA
• CPATA’s website

 
Graphic by Clancy PC using: 
CPATA logo from CPATA's website
Photo by Maarten van den Huevel via Unsplash

​June 27 was Micro, Small and Medium-Sized Enterprises (MSMEs) Day. The United Nations (UN) started MSME Day in 2017 in recognition of the importance of small businesses to local and global economies. The UN also recognizes that MSMEs are crucial to achieving their Sustainable Development Goals (SDGs). 
 
As a small business ourselves, Clancy PC recognizes the importance of supporting other MSME to allow them to grow. In honour of this, we have put together a guide on how IP rights can build value and protect small businesses. 
 
“SMEs that apply for patents, trademarks or designs are more likely to grow quickly and succeed than those that do not.” – World Intellectual Property Office Magazine 
 
Quick Facts about small businesses from the Government of Canada Key Small Business Statistics 2020 

• Small businesses contributed 41.9 percent to gross domestic product generated by the private sector in 2016
• Of the 1.2 million businesses in Canada, 97.9% were small businesses with under 100 employees 
• Between 2014 and 2019, small businesses were responsible for 35.8 percent of the net employment growth

 
Protecting intellectual property rights (IPRs) can be essential to ensure the growth and success of small businesses. IPRs are very valuable assets that can be used and leveraged to create added value. The five most common forms of intellectual property are: 
 
Trademarks: Trademarks can consist of virtually any sign that allows one company to distinguish itself from its competitors. 
They can include words, designs, tag lines, scents, textures, sounds, tastes, motion marks, etc. Protecting your company’s trademarks is essential as it allows you to take swift action in cases where you spot unauthorized use that can lead to confusion in the marketplace. Moreover, by registering your trademarks, you ensure that the accrued goodwill in your brand inures to your benefit. 
 
Industrial Designs: Industrial designs protect the aesthetic features of a product, such as the shape, ornamentation, patterns applied to the product.  
 
Patents: Patents protect innovation and provide a monopoly period within which a business can monetize the invention. 
 
Copyrights: Copyright protects original literary, artistic, dramatic, or musical works and gives you the sole right to reproduce, publish or perform the works. 
 
Trade Secrets: Trade secrets can be any exclusive information that gives your company a competitive edge in the industrial, manufacturing or commercial sector. A very famous trade secret is the Coca-Cola recipe.
 
For more information about the various forms of IP protection available in Canada, visit CIPO  
​

• Attract investors

·       If you are a start-up business and require financing, having registered IPRs gives you a competitive advantage. Investors are more likely to invest in a company that has taken steps to protect its IP because there are fewer litigation risks and unfair competition.
 

• Create market recognition, loyalty, and goodwill 

·       Consumers tend to be loyal to brands. If they recognize your brand when making purchasing decisions, your sales will increase.  
 

• Avoid expensive and lengthy litigation

·       The registration of IPRs gives rise to a presumption at law that you are the rightful owner and that your IPRs are valid. Moreover, registration gives you access to powerful remedies against infringers and unauthorized users. Because your rights will be on public record, it may be less likely that conflicts will arise since third parties will avoid selecting marks or manufacturing products that infringe your rights.
​

References:
https://sagaciousresearch.com/blog/why-ip-protection-important-startups/ 

In the most recent issue of the International Trademark Association’s (INTA) Bulletin, Tracy Rengecas explores issues surrounding the unauthorized use of Traditional Cultural Expressions (TCEs).  TCEs include Indigenous names, words, symbols, songs, images and other expressions that are imbued with significant meaning, and even sacred value, for Indigenous communities. 

When a company adopts an Indigenous word or symbol and uses it for commercial gain, without authorization or context, this results in cultural misappropriation.  As Ms. Rengecas notes, citing a recent blog post by Wend Wendland: “… the tribal name of the Maasai, an indigenous community of East Africa, has been used without permission by 80 companies, including Jaguar Land Rover and Louis Vuitton.  The Maasai community continues to live in poverty and does not derive any income from the use of its name.”   Similar issues have arisen in the U.S. with Jeep’s use of the trademark GRAND CHEROKEE.

The use of derogatory or offensive words for commercial gain is a related issue.  The Washington football team recently dropped the use of REDSKINS, after significant pressure from sponsors and the BLM movement forced their hand. 

The Canadian Trademarks Act contains a prohibition against the registration of “any scandalous, obscene or immoral word or device” - Section 9(1)(j).  This section may be used to object to the registration of, or to expunge marks that are offensive to Canada’s Indigenous community. Nevertheless, this may be of limited value since the company may conceivably continue to ‘use’ the offensive word or design.

Article 31 of the United National Declaration on the Rights of Indigenous Peoples (the “Declaration”) recognizes the right of Indigenous peoples to maintain, control, protect and develop their cultural heritage, including IP rights in such heritage.  In December 2020, the Government of Canada introduced legislation to implement the Declaration. Bill C-15 (the “United Nations Declaration on the Rights of Indigenous Peoples Act”) received Royal Assent earlier this week (on June 21, 2021).  It will be interesting to see how the Government and Indigenous communities work together to fully implement the Declaration.

To read Ms. Rengecas article in the INTA Bulletin, click here.  To learn more about the Declaration, click here
​

Amazon’s IP Accelerator helps businesses gain access to valuable tools on Amazon’s Brand Registry platform. The IP Accelerator launched in Canada on April 26th, 2021, helping connect small-to-mid-sized businesses with third-party Intellectual Property (IP) law firms. These firms are curated by Amazon and are all trusted Canadian firms, including woman-and-minority-owned firms. Clancy PC one of eight service providers selected for the Amazon IP Accelerator in Canada. As the Ottawa Business Journal highlighted, this partnership between Clancy PC, a small firm, and the world’s e-commerce leader, Amazon, is a tremendous opportunity. ​