By Sepal Bonni and Cameron A. Axford

This article is part of an ongoing series on intellectual property for charities and not-for-profits (NFPs), aimed at helping organizations understand how IP rights apply in their sector and how best to protect and manage these valuable assets.

Intellectual property (IP) refers to creations of the mind that carry legal rights of ownership and protection. It encompasses everything from inventions and technological advances to artistic works, brand names, logos, and confidential business information. While IP is intangible, its importance is very real: it can protect an organization’s innovations, strengthen its identity, and enhance both its financial and reputational value.

In Canada, there are several distinct forms of intellectual property protection. Patents protect new, useful, and non-obvious inventions, granting the patent holder the exclusive right to make, use, and sell the invention in Canada for up to 20 years. Trademarks protect words, symbols, or designs – or combinations of these – that distinguish the goods or services of one organization from those of others. A strong trademark not only identifies the source of goods and services but also conveys the values and reputation behind the brand. Copyright protects original literary, dramatic, musical, and artistic works from the moment they are created, giving authors the sole right to reproduce, publish, and perform their works. Industrial designs protect the unique visual features of a product – its shape, pattern, or configuration – for up to 15 years when registered. Trade secrets safeguard confidential business information that derives commercial value from remaining secret, such as donor lists, financial models, or specialized processes. Unlike other forms of IP, protection for trade secrets depends on maintaining secrecy through contracts and internal safeguards rather than registration.

Protecting intellectual property matters because it allows organizations to control how their creations are used and prevents unauthorized exploitation. IP rights can help organizations generate revenue through licensing, sales, or partnerships, and they often represent a significant portion of an entity’s overall value. Trademarks in particular play a key role in brand development, linking a name or logo not just to the goods and services provided but also to the trust, mission, and values associated with the organization. For many entities, including charities and NFPs, IP is among their most valuable assets.

For charities and NFPs, IP protection is just as important as it is for commercial enterprises. A charity’s logo or name, for example, can be registered as a trademark to prevent misuse by others and to ensure donors know they are supporting the genuine organization. Copyright automatically protects materials such as educational resources, research publications, and promotional content, but organizations should be aware of how to assert and manage those rights. Trade secrets may take the form of confidential donor lists or fundraising strategies, which must be carefully safeguarded. At the same time, charities and NFPs need to respect the intellectual property rights of others by securing the necessary permissions or licences when using third-party materials.

In today’s environment, where information flows rapidly and reputational risks are high, effective management of intellectual property is central to protecting an organization’s mission and credibility. By understanding the different forms of IP protection available in Canada and how they apply in the charitable and NFP sector, organizations can both secure their own assets and ensure they uphold the rights of others.

In our next article in this series, we will examine why trademarks matter for charities and NFPs.

​Read the September 2025 Charity & NFP Law Update