Misplaced Pages

#281718

26-551: CIPO plays an integral role in the Canadian innovation ecosystem and cooperates with its counterpart organizations around the world through international IP treaties. Continued collaboration with international partners and domestic stakeholders strengths the Canadian IP regime and provides CIPO’s clients with opportunities to extract greater value from their creations and inventions. In 2019, Canada ratified and fully implemented

52-659: A chief justice , an associate chief justice, and 35 full-time judges, along with nine supernumerary judges , and eight associate judges . Law clerks are hired for not more than a one-year terms to help the judges research and prepare decisions. They are generally assigned to a particular judge. Judges' salaries are determined annually by the Judicial Compensation and Benefits Commission. The chief justice receives $ 315,900, while other judges receive $ 288,100 annually. The Courts Administration Service provides registry services to multiple Canadian courts, including

78-442: A federal statute confers jurisdiction on the court to hear cases of that type. The Federal Court hears cases in the following areas of law: These instances of jurisdiction may either be exclusive or concurrent with provincial superior courts, depending on the statute. The court has the authority to judicially review the decisions made by federal boards, commissions, and administrative tribunals, and to resolve lawsuits by or against

104-560: A renewal fee and notifies the International Bureau of the countries for which the registration is to be renewed. The agreement was concluded at the Dutch city The Hague . Federal Court (Canada) The Federal Court ( French : Cour fédérale ) is a Canadian trial court that hears cases arising under certain areas of federal law . The Federal Court is a superior court with nationwide jurisdiction. The court

130-441: Is 12 months after filing. The applicant, however, can request either immediate publication, or delayed publication of up to 30 months. The duration of an international registration is five years, extendable in further five-year periods up to the maximum duration permitted by each Contracting Party. For the 1934 London Act the maximum term was 15 years. Renewals are handled centrally by the International Bureau. The applicant pays

156-666: Is an exclusive right granted for an invention, such as a product or a process. CIPO administers the Patent Act and Patent Rules . More specifically, the Patent Branch is responsible for processing filings, conducting examinations and approving or refusing applications. If a patent application is refused, there is a right of appeal to the Commissioner of Patents . This review is conducted by an administrative body within CIPO,

182-661: Is shown below: A list of the Contracting Parties is maintained by WIPO. Applicants can qualify to use the Hague system on the basis of any of the following criteria: An applicant who does not qualify under one of these headings cannot use the Hague system. The Contracting Parties include not only individual countries, but also intergovernmental organisations such as the African Intellectual Property Organization (OAPI) and

208-456: Is to provide this service and, more generally, to provide education on intellectual property to Canadians. By modernizing the national IP system and collaborating with its international counterparts, CIPO helps innovators and entrepreneurs grow their business in global markets and attract foreign investments to Canada. A trademark can protect a combination of words, sounds or designs used to distinguish your goods or services from those of others in

234-696: The Budapest Treaty , the Patent Cooperation Treaty , the Strasbourg Agreement and the UPOV Convention for patents. In 2020, CIPO received approximately 160,000 applications to register more than 37,000 patents, 76,000 trademarks, 12,500 copyrights and 8,000 industrial designs. CIPO is responsible for processing applications to register patents, trademarks, copyrights and industrial designs. CIPO's mandate

260-719: The European Union . This means an applicant domiciled in an EU member country that is not a Contracting Party, such as Austria or the United Kingdom, can nevertheless use the Hague system on the basis of his or her domicile in the European Union. An application may be filed in English, French, or Spanish, at the choice of the applicant. The application must contain one or more views of the designs concerned and can include up to 100 different designs provided that

286-767: The Federal Court of Canada . 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. 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 . A patent

SECTION 10

#1732772607282

312-1149: The Hague Agreement for industrial designs; the Madrid Protocol , the Singapore Treaty and the Nice Agreement for trademarks; and the Patent Law Treaty for patents. Prior to 2019, Canada had joined the TRIPS Agreement and the Paris Convention for intellectual property; the WIPO Convention for trademarks and copyright; the Berne Convention , the Rome Convention and the Marrakesh VIP Treaty for copyright; and

338-672: The Industrial Design Act and the Industrial Design Regulations . CIPO is responsible for processing filings, conducting examinations and approving or refusing applications. If an industrial design application is considered for refusal, the decision can be reviewed by the Patent Appeal Board . If the application is ultimately refused, the decision can be appealed to the Federal Court of Canada . Integrated circuit topographies refers to

364-405: The Patent Appeal Board . Copyright provides protection for literary, artistic, dramatic and musical creations. CIPO administers the  Copyright Act   and  Copyright Regulations . CIPO is responsible for processing copyright applications, assignments and licences. Industrial design registration provides protection for the original visual features of a product. CIPO administers

390-545: The 1999 (Geneva) Act, applicants which qualify to use the Hague system because their domicile is in the European Union can only get protection in countries which have also signed up to the 1999 Act or to both the 1999 and 1960 Acts. The Hague System currently has 79 members covering 96 countries. All contracting parties to one or more of the instruments of the Hague Agreement are members of the Hague Union. A list

416-602: The Federal Court. The Federal Court Registry is located in Ottawa, with regional offices throughout the country. The Registry in Ottawa maintains all original court files, with certified copies maintained in regional offices. The Registry provides clerical services and other administrative support to the Court, and provides clerical services and procedural guidance to litigants. The Federal Court cannot hear any case unless

442-529: The International Deposit of Industrial Designs , also known as the Hague system provides a mechanism for registering an industrial design in several countries by means of a single application, filed in one language, with one set of fees. The system is administered by WIPO . The Hague Agreement consists of several separate treaties, the most important of which are: the Hague Agreement of 1925,

468-786: The London Act of 2 June 1934, the Hague Act of 28 November 1960 (amended by the Stockholm Act), and the Geneva Act of 2 July 1999. The original version of the Agreement (the 1925 Hague version) is no longer applied, since all states parties signed up to subsequent instruments. The 1934 London Act formally applied between a London act state that did not sign up to the Hague and/or Geneva Act in relation with other London act states until October 2016. Since 1 January 2010, however,

494-402: The application of this act had already been frozen. Countries can become a party to the 1960 (Hague) Act, the 1999 (Geneva) Act, or both. If a country signs up to only one Act, then applicants from that country can only use the Hague system to obtain protection for their designs in other countries which are signed up to the same Act. For instance, because the European Union has only signed up to

520-621: The application. Once the formal requirements have been met, it is recorded in the International Register and details are published electronically in the International Designs Bulletin on the WIPO website. If any designated Contracting Party considers that a design which has been registered for protection in that Contracting Party does not meet its domestic criteria for registrability (e.g. it finds that

546-402: The design is not novel), it must notify the International Bureau that it refuses the registration for that Contracting Party. In every Contracting Party that does not issue such a refusal, the international registration takes effect and provides the same protection as if the design(s) had been registered under the domestic law of that Contracting Party. Standard publication of Hague applications

SECTION 20

#1732772607282

572-533: The designs are all in the same class of the International Classification of Industrial Designs (Locarno Classification). The application fee is composed of three types of fees: a basic fee, a publication fee, and a designation fee for each designated Contracting Party. The application is examined for formal requirements by the International Bureau of WIPO, which provides the applicant with the opportunity to correct certain irregularities in

598-520: The marketplace. CIPO administers the Trademarks Act , Trademarks Regulations , the Olympic and Paralympic Marks Act and the Olympic and Paralympic Marks Regulations . In particular, the Trademarks and Industrial Design Branch is responsible for processing filings, conducting examinations and approving or refusing applications. If a trademark application is refused, there is a right of appeal to

624-642: The three-dimensional configurations of electronic circuits embodied in integrated circuit products or layout designs. CIPO administers the Integrated Circuit Topography Act and the Integrated Circuit Topography Regulations . CIPO is responsible for processing integrated circuit topography applications, assignments and licences. Hague Agreement Concerning the International Deposit of Industrial Designs The Hague Agreement Concerning

650-639: Was created on July 2, 2003, by the Courts Administration Service Act when it and the Federal Court of Appeal were split from their predecessor, the Federal Court of Canada (which had been created June 1, 1971, through the enactment of the Federal Court Act , subsequently renamed the Federal Courts Act ). The court's authority comes from the Federal Courts Act . On October 24, 2008, the Federal Court

676-620: Was given its own armorial bearings by the Governor General , the third court in Canada to be given its own coat of arms  – after the Court Martial Appeal Court of Canada and Ontario Superior Court of Justice . The coat of arms features a newly created fantastical creature, the winged sea caribou, as the supporters, representing the provision of justice on air, land and sea. The Federal Court consists of

#281718