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Credit Management January February 2020

The CICM magazine for consumer and commercial credit professionals

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COUNTRY FOCUS<br />

AUTHOR – Adam Bernstein<br />

Patent Act, Trade-marks Act, Copyright Act,<br />

and the Industrial Design Act.<br />

In term of patents, Canada operates a<br />

‘first to file’ policy where the first person to<br />

register a patent wins the right to exploit the<br />

application for a period of 20 years. Canada<br />

is a signatory to numerous international<br />

agreements in this area. Patents can only be<br />

granted for new and novel applications and<br />

so an application patented elsewhere in the<br />

past will not be considered ‘new’ in Canada.<br />

For trademarks, the mark must be entered<br />

on the federal Trade-Marks Register; there<br />

is no process for a province by province<br />

registration. Marks last for 10 years and<br />

can be indefinitely renewed upon payment<br />

of the correct fee. Again, this operates on a<br />

‘first to file’ system.<br />

And regarding copyright, this can be<br />

registered in Canada but is not obligatory<br />

and lasts 50 years beyond the life of the<br />

creator of the work.<br />

Lastly, industrial designs must be<br />

registered to benefit from legal protection.<br />

If the design has been made public, the<br />

creator has a 12-month window to register,<br />

otherwise there is no time limit imposed.<br />

The legislation affords an applicant the<br />

right to the exclusive use of the design<br />

for 10 years from the date of registration<br />

or 15 years from the date of application,<br />

whichever is later, subject to fees.<br />

BUSINESS CULTURE<br />

It won’t surprise many that business culture<br />

in Canada is a blend of American, British,<br />

and French civilities. While most Canadians<br />

identify themselves very strongly with their<br />

province, they do have respect for opinions,<br />

equality, diversity and justice.<br />

Once hierarchical, businesses are now<br />

flatter structures, making research on<br />

targets very important before engaging in<br />

negotiations. Managers make decision, but<br />

they often consult subordinates.<br />

Punctuality is highly valued in Canada<br />

and meeting times tend to adhere closely<br />

to schedule, both in its start and duration.<br />

Meetings tend to be more formal than in the<br />

US, but small talk at the beginning of the<br />

meeting is common.<br />

Information from Santander suggests<br />

that presentations should be short and<br />

clear; facts and figures should back up<br />

claims. And if an offer is of real interest, the<br />

answer can come very quickly; agreements<br />

are often only sealed by a handshake and a<br />

written agreement, but a contract should<br />

follow.<br />

Greetings start with a handshake,<br />

followed by introductions. But remembering<br />

the strong French influence and the<br />

individualism of those in Quebec, when<br />

meeting with a French-Canadian colleague<br />

of the opposite sex, a double cheek kiss, no<br />

matter the level of familiarity, should be<br />

expected. Counterparts should be addressed<br />

by Mr or Mrs (or Monsieur or Madame), or<br />

title, followed by the surname. As before,<br />

Canadians are a polite nation so ‘please’<br />

and ‘thank you’ won’t go amiss. That said,<br />

conversation can be indirect. Santander,<br />

again, suggests that francophones are more<br />

likely to interrupt than anglophones.<br />

Despite being close to the US, dress code is<br />

expected to be formal, with sober-coloured<br />

suits and dresses. In some industries such<br />

as technology, dress can be more casual.<br />

And when it comes to business cards, one<br />

side should be in English and the other in<br />

French. Cards should be handed over at the<br />

beginning of the meeting; those received<br />

should be looked at carefully before being<br />

put away.<br />

Canada is most definitely a country that<br />

any firm should consider tapping into. With<br />

so much going for it – resources, language,<br />

stability – it really ought to be a natural<br />

target.<br />

Adam Bernstein is a freelance<br />

business writer.<br />

Château Frontenac, château-style<br />

hotel in historic Old Québec, built<br />

by the Canadian Pacific Railroad<br />

Company in 1893 and designed by<br />

American architect Bruce Price. The<br />

Château Frontenac is an excellent<br />

example of the grand hotels<br />

developed by railway companies in<br />

Canada in the late 1800s.<br />

Advancing the credit profession / www.cicm.com / <strong>January</strong>/<strong>February</strong> <strong>2020</strong> / PAGE 33

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