Terms and conditions

Terms and conditions for use of the Canadian Intellectual Property Data

These Terms and Conditions, that governs the use of the Canadian Intellectual Property Data, are between Her Majesty the Queen in right of Canada, as represented by the Minister of Industry, the minister responsible for the administration of the Canadian Intellectual Property Office (“CIPO”) and “You” concerning the use of the Canadian Intellectual Property Office Data.

 

Definitions

“Intellectual Property Data” or “IP Data” means data products which contain public information extracted from patent, trademark and industrial design applications filed with the CIPO and made available in machine-readable or raw formats. IP Data are provided in the official language as displayed in CIPO’s databases.

“Personal Information” means “personal information” as defined in section 3 of the Privacy Act, R.S.C. 1985, c. P-21.

“You” means the natural or legal person or body of persons corporate or incorporate, acquiring rights under this license.

 

Terms and conditions binding

Your use of the IP Data constitutes Your acceptance of these Terms and Conditions. You represent that you have full authority to accept these Terms and Conditions.  If you fail to comply with any of these Terms and Conditions, the rights granted to You under this licence will end automatically and immediately.

 

Rights to use

Subject to these Terms and Conditions, CIPO grants You a worldwide, royalty-free, non-exclusive, revocable licence to use, copy, publish, translate, and adapt the IP Data for Your own commercial purposes or non-commercial purposes.

You are authorised to sub-license the IP Data to third parties, on an end-use basis, provided that:

(1)     You require that Your sub-licensees maintain the attribution statement contained in these Terms and Conditions in all reproductions of the IP Data; and

(2)     You require that Your sub-licensees cease using any record within the IP Data that has been modified by CIPO and for which CIPO has issued a notice on its website in accordance with these Terms and Conditions.

All use of the IP Data must be in compliance with applicable laws.

 

Modifications to the IP Data

CIPO may, from time to time, modify a record within the IP Data and publish a notice of the modification on its website.  Upon publication by CIPO of such a notice, You must cease using the previous version of the record.  These Terms and Conditions will apply to the modified record.  You must also notify Your sub-licensees of the modification.

 

Acknowledgement

You must acknowledge the source of the IP Data by including the following attribution statement and, where possible, provide a link to this licence:  Contains data licensed by Her Majesty the Queen in right of Canada, as represented by the Minister of Industry, the minister responsible for the administration of the Canadian Intellectual Property Office.

 

Exemptions

This licence does not grant You any right concerning the use of:

  • Intellectual property rights belonging to a third party and which CIPO is not authorized to license; and
  • The names, crests, logos or other official symbols of the Government of Canada.

 

Non-endorsement

This licence does not grant You any right to use the IP Data in a way that suggests that you are the authorized representative of CIPO or that CIPO endorses You or Your use of the IP Data.

 

No other rights to the IP Data

You have no right to use the IP Data other than the rights granted under these terms and conditions.

 

Right to amend

CIPO may, at its sole discretion, modify these Terms and Conditions from time to time. Any modification of these Terms and Conditions is effective upon publication on CIPO’s website.

 

Technical support

Canada is under no obligation to provide technical assistance or support under this agreement.  CIPO may respond and provide assistance to requests for technical assistance when deemed appropriate by CIPO in its sole discretion.  Technical assistance may include correction of any IP Data shown to have errors that render it unprocessable. To make a request for technical assistance or for further information, please contact ic.cipoipdata-opicdonneespi.ic@canada.ca.

 

No warranty

The IP Data is provided on an “as is” basis.  CIPO makes no representation or warranty of any kind, express or implied, with respect to the IP Data including without limitation implied warranty of quality, merchantability, fitness for a particular purpose and non-infringement of third party intellectual property or other proprietary rights.

 

No liability

CIPO shall not be liable for any design, performance or other fault or defect in the IP Data or for damages, costs, expenses or claims arising from or related to Your use of the IP Data.  You shall have no recourse against CIPO, whether by way of any suit or action or other, for any loss, liability, damage or cost that you may suffer or incur at any time, by reason of Your possession or use of the IP Data.

 

Indemnification

You will at all times indemnify CIPO, and its officers, servants and agents from and against all claims, losses, damages, costs, expenses, actions and other proceedings made, sustained, brought, prosecuted or threatened in any manner based upon, caused by or in any way attributable to Your use of the IP Data or any part of the IP Data.

 

General

CIPO may, at its sole discretion, revise the content, format, documents and data field definitions in the IP Data at any time.

These Terms and Conditions constitute the entire agreement between the parties with respect to their subject matter and supersede all previous negotiations, communications and other agreements unless incorporated by reference in these Terms and Conditions. No waiver of any provision or amendment of these Terms and Conditions will be effective unless agreed to in writing by CIPO.

If any provision of these Terms and Conditions is held to be invalid by a court of competent jurisdiction, then the remaining provisions will nevertheless remain in full force and effect.

These Terms and Conditions shall be construed under and governed by the laws of the Province of Ontario and the laws of Canada applicable in Ontario. Legal proceedings related to this license may only be brought in the courts of Ontario or the Federal Court of Canada.

Date modified: 2019-04-25