Simply owning intellectual property (IP) is not enough to stop other people from using it without your permission. If there is a product, service or work that violates the IP rights granted to you, you may want to consider enforcing your rights. But proving infringement is not always easy.
Use this guide to help you prepare to enforce your IP rights.
Get professional help
While the Canadian Intellectual Property Office (CIPO) grants IP rights such as trademarks, patents, industrial designs and copyright, it does not police granted IP rights or monitor the marketplace for potential infringement. Solving conflicts involving IP rights is often complex. It is often recommended to seek the help of an IP professional, such as an IP agent or lawyer, before enforcing your IP rights.
An IP professional
This is someone with extensive experience in IP offering their advice as a service.
An IP agent
This is someone who has passed qualifying exams and is entitled to act on your behalf in front of CIPO. Some IP agents are also IP lawyers, and vice versa.
An IP lawyer
This is a qualified lawyer with specialization in IP law and related legal matters.
If the infringement is happening in another country, a Canadian IP professional may be able to coordinate with an IP professional in the other country to enforce your IP rights.