The Importance of Intellectual Property Law in Canadian Business

This essay discusses the importance of intellectual property (IP) protection for businesses in Canada, particularly small businesses. It highlights that intellectual properties, while not physical assets, hold significant value and should be protected through registration of trademarks, copyrights, and patents under Canadian law. The essay addresses common misconceptions among small businesses regarding the cost-effectiveness of IP protection, arguing that advancements in electronic filing and government support have reduced administrative costs. It emphasizes that securing IP is a one-time investment that can prevent unauthorized use, saving future litigation costs. The essay further explores the benefits of globalization, allowing businesses to protect their IP internationally, and the risks of infringement if IP is not secured. Ultimately, it concludes that IP protection is a worthwhile investment for small businesses to safeguard their unique ideas and creations.

Running Head: Canadian Business Law - Intellectual Property 0
Canadian Business Law- Intellectual Property
Student’s Name
11/1/2018

Canadian Business Law - Intellectual Property 1
Similar to any other business asset, intellectual properties are also an asset and a business is
advised to protect the same. The main feature of an intellectual property is that the same is not a
physical asset but has some value. It was held in the case of Canada (attorney General) v
Amazon .com Inc 2011 FCA 328, [2012] 2 FCR 459 that business processes are also patentable.
Protection of an intellectual property is a beneficial thing to do for an organization. The same
protect unauthorized use of an Intellectual property (hereinafter mentioned as IP). Every nation
has it is own legislation on the subject of intellectual properties. In Canada also, there are
different provisions for the registration of trademark, copyrights, and patents. These registrations
provide security to business regarding their intellectual properties not only in Canada but in
international market also. Time and money are the most basic and important resources for every
organization, especially for small business. It has been seen that whenever it comes to IP
protection, small businesses do not take much interest in the same as they think that cost of the
same is higher than the benefits, which is not truth itself. There are many reasons to secure the IP
of an organization, that are listed below:-
1. Cause of technology advancement, the electronic filing system has been improved, that
decrease the administrative cost in comparison to earlier. Governments of different
nations also, promoting registrations of IPs and giving additional advancements to
business in this area, therefore it is beneficial for the small business to go ahead with the
registration of their IP as the cost remained not as much as earlier.
2. Registration of IP is a one-time investment for a period and businesses can be free from
the worry of unauthorized use of their assets (Scarlett & Koslow, 2009) . It also saves the
efforts, time and cost of future cases that can happen cause of infringement of such IP.
Small businesses have the same risk similar to large enterprises hence in order to save the

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potential cost and risks, they are advised to secure their IP irrespective of the size of their
business.
3. Globalization has given the power to businesses to secure their IP in more than one
nation. Small businesses can mark their IP registered in those countries where they find
the requirement and can leave the rest of the countries. It will save cost and will provide
enough security for them internationally (Honey, 2014).
4. There is always a risk of infringement of IPs. Small business needs to understand the
value of these assets as every business have some competitors (Canadabusiness.ca, 2018).
If such business does not secure their IPs, there is always a risk that someone else can do
the same i.e. registration of IPs in his/her name. To control such issues and to provide a
security to the unique and best ideas and creations, one needs to secure their intellectual
properties.
Above mentioned points are some of the risks and benefits that a small business can have
when it comes to protection of intellectual properties. To conclude the issue, this is to be stated
that for a small business also, protection of IP is worthful.

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References
Canada (attorney General) v Amazon .com Inc 2011 FCA 328, [2012] 2 FCR 459
Canadabusiness.ca. (2018). What is intellectual property? Retrieved From:
https://canadabusiness.ca/government/copyright-and-intellectual-property/what-is-
intellectual-property/
Honey, L. (2014). 5 reasons to protect your intellectual property — no matter the size of your
company. Retrieved From: https://www.bizjournals.com/bizjournals/how-to/growth-
strategies/2014/06/5-reasons-to-protect-your-intellectual-property.html
Scarlett, R H & Koslow, L E (2009). Global Business. Oxon : Routledge.