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Get professional assistance
Applying for international IP can be tricky. We explain how you can find an IP professional to represent you in your target country or region.
If you’re considering applying for an IP right overseas, we recommend engaging an IP attorney. They can help you understand the country’s eligibility requirements and fees, lodge applications, and manage your IP rights once they're protected. In some countries, local laws may require you to work with an IP professional.
Find an IP professional who can represent you in your target country or region by visiting Get professional assistance with your IP.
What types of IP can you register?
In Canada, you can protect your IP with a trade mark, patent, design right or PBR.
What to consider
Before applying, make sure you:
- Understand what's considered a trade mark in Canada and if your trade mark is eligible for protection
- Consider whether you should apply for a trade mark in Australia first
- Know the cost of applying for a trade mark in Canada and through the Madrid System
- Understand the importance of due diligence and preliminary searches. You'll need to conduct a thorough search to make sure your trade mark hasn't already been protected in Canada. An IP professional can help you with this.
How to apply
There are two ways to apply for a trade mark in Canada:
- Through the Canadian Intellectual Property Office (CIPO)
- Through the Madrid System.
What to consider
Before applying, make sure you:
- Understand what's considered a patent in Canada and if your idea is eligible for protection
- Consider whether you should apply for a patent in Australia first
- Know the cost of applying for a patent In Canada
- Understand the importance of due diligence and preliminary searches. You'll need to conduct a thorough search to make sure your patent hasn't already been published. An IP professional can help you with this.
How to apply
There are two ways to apply for a patent in Canada:
- Through the Canadian Intellectual Property Office (CIPO)
- If you have a provisional application, you'll need to file within 12 months to secure that priority date.
- Through the Patent Cooperation Treaty (PCT)
- If you have an international application, you can apply to CIPO and convert your application into a Canadian patent application. This is called 'entering the national phase'.
You may also be entitled to fast track examination under the Global Patent Prosecution Highway.
What to consider
Before applying, make sure you:
- Understand what's considered a design right in Canada and if your design is eligible for protection
- Consider whether you should file your design right application in Australia first
- Know the cost of registering a design right in Canada
- Understand the importance of due diligence and preliminary searches. You'll need to conduct a thorough search to make sure your design hasn't been published. An IP professional can help you with this.
How to apply
To register a design right in Canada, apply directly to the Canadian Intellectual Property Office (CIPO).
What to consider
Before applying, make sure you:
- Understand what's considered a PBR in Canada and if your plant variety is eligible for protection
- Consider whether you should apply for a PBR in Australia first
- Know the cost of registering a PBR in Canada
- Understand the importance of due diligence and preliminary searches. You'll need to conduct a thorough search to make sure your PBR hasn't already been protected in Canada. An IP professional can help you with this.
How to apply
To register a PBR in Canada, apply directly to the Plant Breeder's Rights Office.
What other IP can you register?
Canada also administers IP rights for copyright, integrated circuit layouts and geographical indications.
Copyright
The Canadian Intellectual Property Office (CIPO) is responsible for registering copyright in Canada.
Integrated circuit layouts
The Office of the Registrar of Topographies administers the registration of integrated circuit layouts in Canada.
Geographical indications
The Canadian Intellectual Property Office (CIPO) is responsible for registering geographical indications in Canada.
What can be protected without registration?
Trade secrets
As in most parts of the world, there's no formal application or registration process for trade secrets in Canada.
Further guidance
- To learn more about intellectual property in Canada, visit the Canadian Intellectual Property Office.
- To find out about Canada's World Intellectual Property Organization (WIPO) membership, check out Canada's WIPO member page.
- If you're considering exporting to Canada, the Export Council of Australia provides information on licensing, clearances and access to finance and trade agreements.
