qprev_HBB Manual 2.qxd - Small Business BC

Licenses and PermitsOperating any business requires various standardlicenses and permits, while some types ofbusinesses require special permits. Trade andprofessional associations and licensing boards aregood sources of licensing and permit informationspecific to a sector. Municipal planning oreconomic development offices will giveinformation on local licensing requirements andrestrictions.Protect Your Ideas and DesignsPeople who invent or develop something uniquehave special protection available under Canadianlaw for their “intellectual property”, ideas andcreations. The four main kinds of protection arepatent, copyright, trade mark and industrialdesign.The Canadian Intellectual Property Office(CIPO) at Industry Canada can give informationon patents, copyrights, trade marks and industrialdesigns. These offices will also date and send toOttawa applications for the different forms ofprotection.When ideas are forming, inventors are advised tokeep a written record of progress and get acompetent friend or colleague to regularlyread and witness the written record. Ideas orwork at this stage should only be discussed withpeople who need to know, and the fewerthe better.PatentsA patent is a right given for a maximum of20 years by the Government of Canada to aninventor to stop others from using his or herinvention in Canada. An invention must have animprovement that is useful and show “inventiveingenuity over that which existed before” to beawarded patent protection. This means that for abetter mouse-trap to be awarded patentprotection, it must have some original, cleverdifference between it and all previously patentedmousetraps. The information required in a patentapplication is detailed and technical. If patentprotection is important to your business, considerdoing your own research and then consulting alawyer who specializes in patents. Successfulapplicants for a patent have waited up to 3 yearsfrom the date of application before letters patentwere issued – be prepared for the time thisprocess takes. The cost varies depending on thesize and complexity of the invention (plus anylegal costs) and the cost includes a yearlymaintenance fee to retain the patent.CopyrightArtists, authors and writers have exclusive orsole rights to reproduce or copy their written,dramatic, musical, or artistic works. This right,recognized by the Canadian Copyright Act, takeseffect once the work has been created. Copyrightlasts for the life of the artist or author, and 50years after death. For records, disks andphotographs, the term of protection is 50 yearsno matter how long the artist/author lives.Canada’s copyright laws were recently changedto better protect educational materials, computersoftware and videos. Breaking copyright laws iscalled infringing on copyright, or copyrightinfringement. The recent changes to thecopyright laws apply stiffer penalties to copyrightinfringement.Libraries and authorized book agents have copiesof the Copyright Act and rules. Protection oforiginal works for “Life plus 50 years” isavailable for a fee of $65.00.solutions for small business home-based business 23