Survey of Intellectual Property Management 2010

Business Special Surveys and Technology Statistics Division

Confidential when completed

Si vous préférez ce questionnaire en français, veuillez appeler au 1-800-565-1685.

Please correct information as required.

Company name
Contact person
- First name
- Last name
- Title of contact person
- Address (number and street)
- City
- Province/Territory
- Postal code

Please report for all of your operations in Canada.

Information for respondents

This information is collected under the authority of the Statistics Act, Revised Statutes of Canada, 1985, Chapter S-19.

Completion of this questionnaire is a legal requirement under this act.

Survey objective

Statistics Canada is undertaking this survey to provide statistical information on the use and management of Intellectual Property (IP*) by Canadian enterprises. Patents, copyrights, trade-marks and other IP instruments are important marketplace frameworks that impact on the Canadian economy. The information compiled by this survey will be used by the Canadian government to better understand the impacts of patents, copyrights, trade-marks and other IP protection on industry efforts to become more productive and innovative.

Confidentiality

Statistics Canada is prohibited by law from releasing any information it collects which could identify any person, business or organisation. Confidentiality provisions of the Statistics Act are not affected by either the Access to Information Act or any other legislation. Therefore, for example, the Canada Revenue Agency cannot access identifiable survey records from Statistics Canada.

Reporting period and coverage

The questionnaire should be completed for the calendar year 2010. Financial information should be for the fiscal year ending between April 1, 2010 and March 31, 2011. Please report all currency amounts in thousands of Canadian dollars.

Data linkages

To enhance the data from this survey, Statistics Canada may combine it with information from other surveys or from administrative sources.

Return of questionnaire

Please return the completed questionnaire to Statistics Canada within 30 days of receipt by mail, using the enclosed envelope or you can send it by fax at 1-888-883-7999.

Fax or other electronic transmission disclosure

Statistics Canada advises you that there could be a risk of disclosure during facsimile or other electronic transmission. However, upon receipt, Statistics Canada will provide the guaranteed level of protection afforded.

Appreciation

Canada owes the success of its statistical system to a long-standing co-operation involving Statistics Canada, the citizens of Canada, its businesses, governments and other institutions. Accurate and timely statistical information could not be produced without their continued co-operation and goodwill.

Who should complete this questionnaire?

Authorised representatives of the enterprise such as senior managers with a thorough knowledge of its intellectual property management.

Please consult the glossary if necessary at the end of the questionnaire.

For additional information, please call us toll free at 1-800-565-1685.

For this survey, please report for all of your operations in Canada for 2010.

All items marked with an asterisk (*) can be found in the glossary at the end of the questionnaire.

Section 1 – Enterprise Structure

This section asks about the ownership and organisation of your enterprise.

1. Is your Canadian enterprise* a subsidiary or branch of another enterprise?

Yes
No (Go to question 3)

2. Where is your enterprise's head office* located? Check only one.

Canada
United States
Europe
Asia Pacific
Other (please specify)

3. Does your Canadian enterprise have subsidiaries*?

Yes
No (Go to question 5)

4. Where are they located? Check all that apply.

Canada
United States
Europe
Asia Pacific
Other (please specify)

Section 2 – Enterprise Activity

This section asks about software, goods, services and creative works*, which your enterprise produces.

5. In 2010, did your enterprise earn operating revenue from sales of software products?

Exclude: Pre-packaged software products and applications (apps).

6. In 2010, did your enterprise earn operating revenue from sales of goods?

Include: Devices, Medications, Chemicals, Energy, Vehicles, Specialized equipment, Pre-packaged software, and other tangible goods.

Exclude: Music, Audio or film recordings, Software (other than pre-packaged), Publications, Other creative works, other intangible works.

7. In 2010, did your enterprise earn operating revenue from sales of services?

Include: Designs, Management, Monitoring, Technical advice, Plans, Consulting, Formulas, Repair and/or maintenance.

Exclude: Promotion of music, audio or film recordings, Consulting services for music, Audio or film recordings, Other services for creative works.

8. In 2010, did your enterprise earn operating revenue from sales or promotion of creative works created for the market or for a client?

Include: TV shows, Compilations, Interactive digital media, Publications, Music scores, Music lyrics, Music publications, Audio-visual works, Voice performance for animation, Magazines, Paintings, Commercials, Films, Websites, Webpages, Apps.

9. Thinking about your most important product or product-line* (i.e., software, goods, services or creative works) how many direct competitors* does your enterprise have in Canada?

0
1 to 3
4 to 6
7 to 10
More than 10
Don't know

10. Thinking about your most important product or product-line, does your enterprise sell high end and low end versions of similar software, goods, services or creative works at different prices in Canada?

Section 3 – Patents*

This section asks about your patent activities.

11. As of December 2010, did your Canadian enterprise hold or use issued patents…

A patent can fit into more than one category. Report one (1) patent for multiple registrations.

…applied for by your enterprise
- Yes
- No
- Total number
…originated with founders or predecessors
- Yes
- No
- Total number
…licensed* to others
- Yes
- No
- Total number
… purchased directly by your enterprise (excluding mergers and acquisitions)
- Yes
- No
- Total number
… obtained through mergers* & acquisitions*
- Yes
- No
- Total number
… obtained via strategic alliance* or partnerships
- Yes
- No
- Total number
… that were cross-licensed*
- Yes
- No
…owned by your foreign head office
- Yes
- No
… accessed through patent pools*
- Yes
- No

If 'No' to ALL options (i.e. 0 patents), Go to question 21.

12. In 2010, please report the number of patenting activities by your Canadian enterprise.

New Patent applications
- With the Canadian Intellectual Property Office (CIPO)
- With the United States Patent and Trade-mark Office (USPTO)
- With patent offices in other countries
Patents issued
- With the Canadian Intellectual Property Office (CIPO)
- With the United States Patent and Trade-mark Office (USPTO)
- With patent offices in other countries

13. Please list the patent numbers that were most important to your enterprise in 2010.

Please report multiple registrations for the same patent on the same line.

Patent 1
- Canada: CIPO Patent number
- United States: USPTO Patent number
- Patent offices in other countries
  1. Yes
  2. No
Patent 2
- Canada: CIPO Patent number
- United States: USPTO Patent number
- Patent offices in other countries
  1. Yes
  2. No
Patent 3
- Canada: CIPO Patent number
- United States: USPTO Patent number
- Patent offices in other countries
  1. Yes
  2. No
Patent 4
- Canada: CIPO Patent number
- United States: USPTO Patent number
- Patent offices in other countries
  1. Yes
  2. No
Patent 5
- Canada: CIPO Patent number
- United States: USPTO Patent number
- Patent offices in other countries
  1. Yes
  2. No

14. In 2010, did your Canadian enterprise sell any patents to other enterprises or organizations? (excluding establishments and companies within your own enterprise)

Yes
No (Go to question 16)

15. As a result, did the book value* of your Canadian enterprise:

Increase
Decrease
Stay the same
Don't know

16. In 2010, did your Canadian enterprise buy any patents from other enterprises or organizations? (excluding establishments and companies within your own enterprise)

Yes
No (Go to question 18)

17. As a result, did the book value of your Canadian enterprise:

Increase
Decrease
Stay the same
Don't know

18. In 2010, were any of your patents infringed*?

Yes
No (Go to question 20)
Don't know (Go to question 20)

19. How many infringements were there in 2010?

Number of infringements
Don't know

20. In 2010, in which of the following patent enforcement activities did your Canadian enterprise engage? Check all that apply.

No active patent enforcements in 2010
Monitoring for potential patent infringement*
Legal actions to enforce patents
Oppositions* to an intellectual property office with respect to patents
Enforcement undertaken by your enterprise's foreign parent

21. As of December 2010, how many of your patents had expired or were allowed to expire?

No Patents held or used
0
1 to 3
4 to 6
7 to 10
More than 10
Don't know

Section 4 - Copyrights*

This section asks about your copyright activities.

22. As of December 2010, did your Canadian enterprise hold or use any copyrights?

Include: Registered* and unregistered copyrights and copyrights licensed to and from others.

Yes: How many copyrights as of December 2010?
- 1 to 99
- 100 to 999
- 1000 or more
- Don't know
No (Go to question 30)

23. In 2010, how many copyrights were licensed TO others? (excluding establishments and companies within your own enterprise)

1 to 10
11 to 99
100 to 999
1000 or more
No copyrights licensed to others in 2010
Don't know

24. In 2010, how many copyrights were licensed FROM others? (excluding establishments and companies within your own enterprise)

1 to 10
11 to 99
100 to 999
1000 or more
No copyrights licensed from others in 2010
Don't know

25. In 2010, did your Canadian enterprise register any copyrights?

Yes
No (Go to question 27)

26. Please indicate the number of copyrights registered by your Canadian enterprise in 2010 with the following entities:
Please enter 0 if none.

The Canadian Intellectual Property Office (CIPO)
United States Copyright Office
Copyright offices in other countries

27. In 2010, were there any known unauthorised uses of your copyrights (e.g. piracy*)?

Yes
No (Go to question 29)
Don't know (Go to question 29)

28. How many known unauthorised uses were there in 2010?

Number of unauthorised uses
Don't know

29. In 2010, in which of the following copyright enforcement activities did your Canadian enterprise engage?
Check all that apply.

No active copyright enforcements in 2010
Monitoring for potential copyright infringement*
Legal actions to enforce copyrights
Enforcement undertaken by your enterprise's foreign parent

Section 5 - Trade-marks

This section asks about your trade-marks activities.

30. As of December 2010, did your Canadian enterprise hold or use any trade-marks?

Include: Both registered and unregistered trade-marks, enterprise and all company names (if trade-marked) and enterprise logos and product logos (if trade-marked).

Exclude: Domain names.

Yes
- How many total trade-marks as of December 2010?
No (Go to question 37)

31. How many of these trade-marks ... A trade-mark can fit into more than one category. Please enter 0 if none.

…reflect the entire Canadian enterprise? (e.g. company name or logo)?
…are specific to software, goods, services or creative works?
… are specific to new technologies?
… are specific to new processes?

32. In which of the following ways were the trade-marks acquired? Check all that apply.

Created and used by the enterprise
Through Registration with a trade-mark office
Through the direct purchase From another enterprise
Indirectly through the purchase Of another enterprise
Through licensing or franchising agreements
Don't know
Other (please specify)

33. In 2010, please report activities for trade-marks by your Canadian enterprise: Please enter 0 if none.

Number of Trade-mark registrations
- With the Canadian Intellectual Property Office (CIPO)
- With the United States Patent and Trade-mark Office (USPTO)
- With Trademark offices in other countries
Number of Trade-mark renewals
- With the Canadian Intellectual Property Office (CIPO)
- With the United States Patent and Trade-mark Office (USPTO)
- With Trademark offices in other countries

34. In 2010, were any of your trade-marks infringed (e.g. counterfeiting*)?

Yes
No (Go to question 36)
Don't know (Go to question 36)

35. How many infringements in 2010?

Number of infringements in 2010
Don't know

36. In 2010, in which of the following enforcement activities did your Canadian enterprise engage? Check all that apply.

No active trade-marks enforcements in 2010
Monitoring for potential trade-marks infringement*
Legal actions to enforce trade-marks
Oppositions to an intellectual property office with respect to trade-marks
Enforcement undertaken by your enterprise's foreign parent

Section 6 - Other forms of protection and management of intellectual property

This section asks about other aspects of your intellectual property (IP).

37. In 2010, did your Canadian enterprise hold or use: Check all that apply.

Industrial designs*
Clinical trial data protection*
Domain names (websites)*
Trade secrets* to protect your Intellectual Property*
Non-disclosure agreements*
Open source*
Any other type of Intellectual Property (please specify)
None of the above

38. In 2010, where were business decisions regarding Intellectual Property managed? Check only one.

In Canada
Outside Canada
Both in and outside Canada
No decisions required on intellectual property (Go to question 40)

39. In 2010, which of the following types of services did your enterprise employ in managing Intellectual Property? Check all that apply.

Legal service or counsel
- Yes
  1. Internal
  2. External (contracted out)
- No
Patent agent* or Trade-mark agent*
- Yes
  1. Internal
  2. External (contracted out)
- No
Other service provider
- Yes, please specify
  1. Internal
  2. External (contracted out)
- No

Section 7 - Revenue and expenses

For these questions, please report in thousands of Canadian dollars for your fiscal year ending between April 1, 2010 and March 31, 2011.

Revenue

The next questions ask about your enterprise's operating revenue* in fiscal year 2010.
Please enter 0 if no revenue.

40. In 2010, what was the total operating revenue of your Canadian enterprise?

Total operating revenue
If '0' Go to question 42.

41. In 2010, estimate the percentage of this operating revenue that came from the following geographic markets:

Canada %
United States %
Europe %
Asia Pacific %
Rest of world %
Total 100%

42. In 2010, did your enterprise earn revenue from goods, services or creative works protected by patents (regardless of overlapping IP rights)?

Yes
- In Canada
- Outside Canada
- Both in and outside Canada
No

43. In 2010, did your enterprise earn revenue from goods, services or creative works protected by copyrights (regardless of overlapping IP rights)?

Yes
- In Canada
- Outside Canada
- Both in and outside Canada
No

44. In 2010, did your enterprise earn revenue from goods, services or creative works protected by product-specific trade-marks (regardless of overlapping IP rights)?

Yes
- In Canada
- Outside Canada
- Both in and outside Canada
No

45. In 2010, did your Canadian enterprise earn any revenue from royalties* or licensing fees? (excluding establishments and companies within your enterprise)

Yes
No (Go to question 48)

46. In 2010, please report the amounts of these royalties and licensing fees received from … (excluding establishments and companies within your enterprise). Indicate '0' if no amount received.

Patents
- In Canada ('000 $)
- Outside Canada ('000 $)
Industrial designs
- In Canada ('000 $)
- Outside Canada ('000 $)
Trade-marks
- In Canada ('000 $)
- Outside Canada ('000 $)
Copyright works (except software)
- In Canada ('000 $)
- Outside Canada ('000 $)
Pre-packaged software
- In Canada ('000 $)
- Outside Canada ('000 $)
Other software (customized)
- In Canada ('000 $)
- Outside Canada ('000 $)
Other intellectual property rights (please specify)
- In Canada ('000 $)
- Outside Canada ('000 $)

47. How were these royalties and licensing fees received? Check all that apply.

Running royalties*
Milestones payments*
One-time licenses*
Pay-per-play* (e.g. SOCAN, BMI, ASCAP)
Don't know
Other (please specify)

Expenses

The next questions ask about your enterprise's operating expenses in fiscal year 2010.
Please enter '0' if no expenses.

48. In 2010, what were your enterprise's operating expenses for the management and maintenance of intellectual property?

Salaries and wages for managing and maintaining Intellectual Property $
Direct fee payments to intellectual property offices (e.g. CIPO, USPTO, US Copyright Office) $
Legal services to manage IP (excluding salaries & wages) $
Administrative fees paid to copyright collectives $
Expenses to comply with IP-related government regulations (e.g. health and agriculture) $
Other expenses to manage and maintain intellectual property
- (please specify) $

49. In 2010, did your enterprise make any payments for royalties or licensing fees?
(excluding establishments and companies within your enterprise).

Yes
No (Go to question 51)

50. In 2010, please report the amounts of these royalties and licensing fees paid for ... (excluding establishments and companies within your enterprise)... Indicate '0' if no amount paid.

Patents
- In Canada ('000 $)
- Outside Canada ('000 $)
Industrial designs
- In Canada ('000 $)
- Outside Canada ('000 $)
Trade-marks
- In Canada ('000 $)
- Outside Canada ('000 $)
Copyright works (except software)
- In Canada ('000 $)
- Outside Canada ('000 $)
Pre-packaged software
- In Canada ('000 $)
- Outside Canada ('000 $)
Other software (customized)
- In Canada ('000 $)
- Outside Canada ('000 $)
Other intellectual property rights (please specify)
- In Canada ('000 $)
- Outside Canada ('000 $)

These next questions ask about the enterprise's technology and marketing-related expenses. Please report all in thousands of Canadian dollars where applicable.

51. In 2010, did your Canadian enterprise incur any expenses for internet and internet-related services (including service providers)?

Yes
- How much in 2010? ('000 $)
No

52. In 2010, did your Canadian enterprise incur any expenses for the development of in-house, custom designed or contracted out computer software?

Yes
- How much in 2010? ('000 $)
No

53. In 2010, did your Canadian enterprise incur any expenses for off-the-shelf pre-packaged purchase or acquisition and/or upgrade of software?

Yes
- How much in 2010? ('000 $)
No

54. In 2010, did your Canadian enterprise incur any expenses for the purchase and maintenance of personal computers (including handheld devices)?

Yes
- How much in 2010? ('000 $)
No

55. In 2010, did your Canadian enterprise incur any expenses for the creation of spin-off* companies?

Yes
- How much in 2010? ('000 $)
No

56. In 2010, did your Canadian enterprise incur any expenses for advertising or marketing?

Yes
- How much in 2010? ('000 $)
No

Other intellectual property related questions

These questions ask about other activities that relate to intellectual property.

57. In the last 3 years, did your Canadian enterprise produce any manuals associated with your software, goods, services or creative works?

58. In the last 3 years, did your enterprise produce any marketing brochures or pamphlets associated with your software, goods, services or creative works?

59. In the last 3 years, did your enterprise perform any research and development* in Canada?

60. In the last 3 years, excluding government funding, did your enterprise receive any funds from external investment sources (e.g., angel investors, venture capital, banks and other enterprises)?

Yes
No (Go to question 62)

61. In the last 3 years, how important were the enterprise's patents, copyrights or trade-marks in securing funds from external investment sources? Check only one for each column.

Patents
- Very important
- Moderately important
- Slightly important
- Not important at all
- Don't know
- Not applicable
Copyright
- Very important
- Moderately important
- Slightly important
- Not important at all
- Don't know
- Not applicable
Trade-marks
- Very important
- Moderately important
- Slightly important
- Not important at all
- Don't know
- Not applicable

62. In the last 3 years, did patents, copyrights or trade-marks held by others prevent any R&D performed by your enterprise?

Yes
No
Not applicable

63. In the last 3 years, did patents, copyrights or trade-marks held by others prevent commercialization of new software, goods, services or creative works?

Yes
No
Not applicable

64. In the last 3 years, did patents, copyrights or trade-marks held by others prevent your enterprise's ability to obtain financing?

Yes
No
Not applicable

65. In the last 3 years, did patents, copyrights or trade-marks held by others prevent your enterprise's ability to compete outside Canada?

Yes
No
Not applicable

66. Please indicate the name and phone number(s) of the person(s) who completed this questionnaire:

Name
Telephone number

67. How long did it take you to fill out this questionnaire?

Comments

Thank you for completing this questionnaire. Please retain a copy for your records.

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Glossary

Book Value:
Book Value = Assets – Liabilities. How much money would be left for shareholders if the company were to immediately liquidate, sell all its assets and pay off all its liabilities.

Clinical trial data protection:
Refers to the obligation on Health Canada, pursuant to the Food and Drug Regulations, to protect confidential clinical test data.

Copyright:
Copyright (©) is a set of exclusive rights granted to the author or creator of an original work, including for example the right to copy, perform and adapt the work, and to authorize others to do such acts. Copyright does not protect ideas, only their expression. In most jurisdictions copyright arises upon fixation and does not need to be registered.

Copyright infringement:
The unauthorized or prohibited use of works under copyright, such as the right to reproduce or perform the copyrighted work, or to make derivative works.

Copyright registration:
It is possible to formally register a copyright with a governmental body (such as the Canadian Intellectual Property Office) or other institution as evidence that your creation is protected by copyright and that you, the person registered, are the owner.

Counterfeit:
A counterfeit is an imitation, usually one that is made with the intent of fraudulently passing it off as genuine. The word counterfeit frequently describes both the forgeries of documents, as well as the imitations of works of art, software, pharmaceuticals, electronics and company logos and brands. In the case of intellectual property, it results in patent, copyright or trade-mark infringement.

Creative Work:
A tangible or intangible manifestation of creative effort such as literature, music, paintings, audio-visual work, jingles, TV shows, piece of music or score, compositions, gigs, voice-over work, voice performance for animation, performance, commercials, books, magazines etc.

Cross-licensing:
A contractual arrangement whereby neither party pays monetary royalties to the other party while they are using each others' patents.

Direct Competitors:
Those enterprises that produce the same product or set of products and deliver it to the same set of consumers.

Domain Name:
Domain names are hostnames that identify Internet Protocol (IP) resources such as web sites (e.g. canada.gc.ca). Domain names are formed by the rules and procedures of the Domain Name System (DNS).

Enterprise:
A single corporation or a family of corporations under common ownership and/or control, for which consolidated financial statements are produced. The enterprise directs and controls the allocation of resources relating to its domestic operations.

Head Office:
Denotes the location where most, if not all, of the important functions of an organization are coordinated.

Industrial Design:
A combination of the visual features of shape, configuration, pattern or ornament—or any combination of these features—applied to a finished article made by hand, tool or machine.

Intellectual property:
A distinct form of creative endeavour such as an invention, literary and artistic work, image or design that may be protected by formal legislation or the common law (e.g. a patent, trademark, copyright, industrial design, integrated circuit topography, plant
breeders' rights), or that is provided commercial value (e.g. know-how, trade secrets).

License:
Defines the terms under which patents, trade-marks, and copyrights are licensed by one party to another for exchange of onetime payment or a continuous fee-structure.

Milestone Payments:
The licensee acquires the rights to sell a product of the licensor and, in return, offers an upfront payment, payable upon signing of the agreement, and one or several rounds of payments (milestones) bound to certain events (e. g. successful finish of a clinical trial phase, reception of marketing approval, final product of a software).

Mergers and Acquisitions:
When two companies agree to go forward as a single new company then it is called a merger. When one company takes over another company and clearly establishes itself as a new owner, it is called an acquisition.

Nondisclosure Agreement:
A legal contract between at least two parties that outlines confidential material, knowledge, or information that the parties wish to share with one another for certain purposes, but wish to restrict access to by third parties.

One-Time License:
Once a license is purchased, the licensee is free to use the product or service as long as needed. Sometimes upgrades are free for one year within the same major version that was purchased.

Open Source:
Describes practices in production and development that promote access and/or distribution of the end product and/or source materials. A common example is open-source software, where the source code is provided under a license that permits
users to freely study, change, improve and at times also to distribute the software.

Operating Revenue:
Revenue from company's day to day operations or any regular source such as sales and commissions adjusted for discounts and returns is operating revenue.

Opposition:
This is a procedure usually brought before the issuing patent office, initiated by third parties to invalidate a patent.

Patents:
A set of rights granted by a national government to an inventor or their assignee for a limited period of time in exchange for a public disclosure of that invention (such as machines, devices, methods, designs, processes and compositions of matter). A
patent prevents others from using, selling or distributing the invention without the permission of the owner of the patent.

Patent Agent:
An person who has the specialized qualifications necessary for representing clients in obtaining patents and acting in all matters and procedures relating to patent law and practice, such as filing an opposition.

Patent Infringement:
Using the patented invention without permission from the patent holder. The terms of the claims inform the public of what is not allowed without the permission of the patent holder. Patents are territorial, and infringement is only possible in a country where
a patent is in force.

Patent Pool:
In patent law, a patent pool is a consortium of at least two companies agreeing to cross-license patents relating to a particular technology.

Pay per play:
A means to collect a stream of future royalty payments on behalf of the creator by copyright collectives such as SOCAN, BMI or ASCAP, every time a piece of music is played anywhere in the world.

Piracy:
The unauthorized or prohibited use of works under copyright, infringing the copyright holder's exclusive rights, such as the right to reproduce or perform the copyrighted work, or to make derivative works.

Product-line:
Comprised of related products of various sizes, types, colors, qualities, or prices.

Research and Development (R&D):
Research and development (R&D) is systematic investigation carried out in the natural and engineering sciences by means of experiment or analysis to achieve a scientific or technological advance.

Royalties:
Payments made by one party (the "licensee") to another (the "licensor") for ongoing use of an intellectual property. Typically agreed upon as a percentage of gross or net revenues or per unit price derived from the use of an Intellectual Property (e.g.,royalties collected by SOCAN, BMI, ASCAP).

Running Royalties:
A stream of future royalty payments collected at regular intervals often used in the oil industry and music industry to describe a percentage ownership of future production (only applies to oil industry) or revenues from a given copyright work, which may
be divested from the original owner.

Spin off Companies:
A corporate action where a company "splits off" sections of itself as a separate business. The "spin-off" company takes assets, intellectual property, technology, and/or existing products from the parent organization.

Strategic Alliance:
A relationship between two or more parties to pursue a set of agreed upon goals or to meet a critical business need while remaining independent organizations.

Subsidiary:
An entity that is controlled by a separate higher entity called its parent.

Trade-mark:
Words, designs, numbers, shapes, or any combination of these, used to distinguish the goods or services of one person or organization from those of others. A trade-mark may be designed by the following symbols: ®, ™, SM.

Trade-mark Agent:
A person who is qualified to act in matters involving trade-mark and design matters (e.g. advising on the use and registration; filing and prosecuting applications to register; handling oppositions, revocations, invalidations and assignments; carry out searches; and advising on infringement matters). A trademark agent must be registered with the Canadian Intellectual Property Office (CIPO).

Trade-mark Infringement:
Is a violation of the exclusive right attached to a trade-mark without the authorization of the trademark owner or any licensees. Infringement may occur when one party, the "infringer", uses a trademark which is identical or confusingly similar to a trademark owned by another party, in relation to products or services which are identical or similar to the products or services which the registration covers.

Trade Secrets:
Information that is secret or not generally known in the relevant industry and that gives its owner an advantage over competitors.

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