Intellectual property rights are national in scope. This means that you must usually file a separate application for each country in which you wish to seek protection.
For patents, two main exceptions to the "one application per country" rule exist. First, it is possible to file a single application for Europe under the European Patent Convention. Second, it is possible to file a single application for over 100 countries under the Patent Co-operation Treaty.
For trade marks, it is possible to file a single trade mark application for Europe under the European Community Trade Mark system.
You should consider seeking protection for every country where you conduct business, or where your product will be sold. You may also wish to seek protection in those countries where your main competitors are located, or countries where infringing products could be manufactured.
Normally, Canadian clients file for protection in Canada and/or the United States, and consider additional applications within a convention priority period.
The phrase "convention priority period" refers to the international agreements, or conventions, which Canada has signed. Under these conventions, a national of one country who has filed an application in his home country, may then file a corresponding application in a foreign country, and claim their original home filing date as their foreign filing date.
This means that for patents you can file your Canadian application today and you will have one year in which to file a corresponding application in a foreign country, and use today's date as the filing date of your foreign application. For industrial designs and trade marks, the convention priority period is six months. As foreign rules are quite different from those for Canada, you should seek the advice of an Intellectual Property professional.
Back to top
Return to previous page
Copyright © R. William Wray & Associates 1995-2007 All rights reserved.
The comments contained herein provide a brief overview only and should not be regarded or relied upon as legal advice or opinion.
01/2007