Copyright & Intellectual Property Basics for Ontario Businesses

The Four Main Types of IP

Copyright: Automatic Protection

In Canada, copyright arises automatically when you create an original work — no registration is required. What this means for your business:

• Your website content, marketing copy, photos, and software code are protected from the moment of creation
• You own the copyright unless you created the work as an employee (employer owns it) or under a contract that transfers ownership
• Freelancers and contractors retain copyright unless the contract specifically assigns it to you — always include an IP assignment clause when hiring contractors
• You can register copyright at CIPO for $50 — registration creates a public record and simplifies enforcement

Trademarks: Protecting Your Brand

You can use a brand name without registering it (common law rights arise through use), but registration at the Canadian Intellectual Property Office (CIPO) gives you:

• Nationwide protection from the filing date (common law only protects where you actually operate)
• The right to use the ® symbol
• A public record that puts others on notice
• The ability to record the mark with Canada Border Services to stop counterfeit imports
• A much stronger position in enforcement disputes

CIPO application fees start at $458 (online, first class). The process takes 18–24 months including examination and a 2-month opposition period. Before filing, a trademark search is essential — filing into a mark that already exists wastes your fees.

Trade Secrets: Protecting What You Can't Patent

Trade secrets are protected by:

• Non-disclosure agreements (NDAs) with employees, contractors, and business partners
• Non-compete and non-solicitation clauses in employment contracts (enforceability is limited in Ontario — must be reasonable in scope and duration)
• Limiting access to confidential information on a need-to-know basis
• Documenting when the information was created and who has access

Someone Stole My Work: What Can I Do?

If someone is infringing your copyright or using a confusingly similar trademark:

1. Send a cease-and-desist letter — many infringers will comply once they receive a formal demand
2. File a complaint with platforms (DMCA takedown for online content, or platform IP reporting tools)
3. Commence a Federal Court action for copyright or trademark infringement — remedies include injunctions, delivery up, and damages or an accounting of profits
4. For smaller claims (under $35,000), consider Small Claims Court for copyright infringement damages