When it comes to intellectual property (IP), the earliest known protection wasn’t for code or slogans. It was for recipes.
“In ancient Greece, there was a law that said if a chef made a really tasty meal, they would be the only one allowed to make that dish for a year,” said Alissa Ricioppo, associate at Miller Thomson LLP, during a breakout session at ScaleUP Week 2025.
“They could make all the money from it, and that was supposed to encourage other people to come up with better recipes.”
The example comes from Sybaris, a wealthy Greek colony in the 6th century BCE, and was recorded by the writer Athenaeus in Deipnosophistae, which is one of the earliest known references to exclusive rights for creators.
While the policy was aimed at those more culinary-minded, the logic still applies. If you invent something valuable, you should be able to protect it and profit from it. But in today’s innovation economy, many businesses are leaving that value unguarded.
Innovation has value, and protecting it creates incentive. At ScaleUP Week, Ricioppo and Wayne Logan, associate counsel at Miller Thomson, argued that Canadian companies have yet to fully grasp that connection — and it’s costing them.
Most companies know IP matters. Few act on it.
Recent data highlights a significant gap between awareness and ownership of intellectual property among Canadian SMEs. According to the Canadian Intellectual Property Office (CIPO), while about 59% of SMEs are at least slightly aware of patents, only 2% actually hold one.
Ricioppo highlighted fresh numbers from a 2024 CIPO report showing that businesses with formal IP protections received, on average, three times more debt financing than those without.
“Understanding IP can potentially give you more growth. It can make you more innovative,” she said.
And yet so many companies don’t think about it until they’re trying to raise capital or expand.
That delay can be costly. Logan noted that intellectual property rights don’t automatically go to whoever had the idea. In Canada, the law protects whoever expresses the idea first, whether that be by writing it down, recording it, or creating a tangible form.
“Let’s say you walk into a marketing company and they sketch your idea. If they captured it first, they’re the legal author, not you,” said Logan.
“If you want to own it, capture it yourself.”
AI can’t author your IP, and neither can your company
Another nuance many scale-ups overlook is who can actually create IP.
In Canada, corporations cannot be authors. Only individuals can. And with the increasing use of generative AI, this is becoming a legal blind spot.
“If you create something using AI, like a logo or marketing copy, you probably won’t be able to sue anyone who copies it,” said Ricioppo.
Copyright law requires a human author. And the term of protection, which is 70 years past the creator’s death, only makes sense when the creator is a person. Algorithms don’t have lifespans, and under Canadian law, they can’t claim authorship.
The same issue has come up before in a different context. Logan shared the example of a monkey in Indonesia that stole a photographer’s camera and snapped several pictures.
Since the monkey could not legally hold copyright, the court eventually awarded ownership to the photographer as the person who owned the equipment and set up the conditions for the photos to exist.
With AI-generated works, though, the situation is different. Ownership does not default to whoever owns the computer, servers, or AI model. Unless a human contributes enough creative input, AI-generated content may not qualify for copyright protection at all, they said.
Trademarks are the strongest signal you own your brand
Much of the session focused on trademarks, particularly on how to use them effectively and where many founders make missteps. One of the most common misunderstandings is the assumption that trade names or domain names automatically provide trademark rights.
“People often, very often, mistakenly think that a trade name registration gives you exclusivity over that name,” said Ricioppo.
“But if you want any kind of legal mechanism to stop someone from using the same name, you need trademark rights.”
Logan added a tactical warning, urging the room not to file for a trademark before securing your domain.
“Once it’s published, people are watching,” he said.
“If you don’t have the domain, they’ll grab it — and then you’re paying thousands to buy it back.”
Even within trademark law, there are layers of nuance.
There are differences between traditional trademarks (names, logos, slogans) and non-traditional marks (colours, sounds, product shapes), said Ricioppo. Some, like the specific shade of green used by TD or the unique stitching on Wrangler jeans, require evidence of distinctiveness across Canada to qualify.
To protect those features, companies must show marketing spend, consumer recognition, and consistent use over time.
It’s a long game, but it can be a powerful differentiator.
Don’t forget the moral rights, and don’t forget to read the fine print
Beyond trademarks and copyright, the lawyers stressed the importance of moral rights. These are the rights authors retain to protect the integrity of their work, even after transferring copyright. They are frequently overlooked in contracts.
“If you have someone design a logo and they don’t waive their moral rights, you can’t change it without their permission,” said Logan.
That is because moral rights stay with the creator. Even if you pay for the work and own the copyright, the original creator still controls whether it can be changed or displayed differently.
The only way to remove that control is to have the creator waive their moral rights in writing.
“It’s not enough to have a copyright assignment,” she said. “Moral rights cannot be assigned. They can only be waived.”
Trade secrets: Not everything should be public
Not every form of intellectual property needs to be registered. Sometimes, the most powerful protection comes from saying nothing at all. Trade secrets rely on confidentiality, and as long as the information stays secret, that protection can last indefinitely.
“Keep your mouth shut,” said Logan, summing up the value of trade secrets.
He pointed out that once an idea is made public, it becomes fair game for reverse engineering. Filing a copyright and checking “unpublished” can sometimes serve as evidence that a work was held in confidence, especially when combined with non-disclosure agreements.
Ricioppo clarified that simply calling something proprietary doesn’t make it a trade secret. To meet that threshold, businesses must take active measures to keep the information confidential, and it must not be easily discoverable by inspecting the product itself.
“You kind of have to put your money where your mouth is and actually be protecting that secret to get the value from it,” she said.
Building your IP foundation step by step
Protecting intellectual property works best when it is intentional and proactive. Here are some of the core steps businesses should take to manage their IP from the start.
- Identify what you have. Inventory anything that may have value, including product designs, software code, written content, branding, logos, processes, and proprietary information.
- Capture ownership early. Make sure contracts with employees, contractors, and collaborators clearly state who owns the work being created.
- Secure the rights. Where registration is required, such as for trademarks or patents, file early and strategically. For copyrights, consider registration to strengthen enforcement even if it exists automatically.
- Protect trade secrets. Keep confidential information secure through NDAs, access controls, and documented internal procedures.
- Maintain good records. Keep documentation of creation dates, versions, authorship, and contracts. This becomes essential if ownership is ever challenged.
- Review regularly. As the business evolves, update IP agreements, review registrations, and assess whether new assets need protection.
“If you think you’re building something valuable, you better be protecting it,” said Logan.
Whether you’re a startup chef in ancient Greece or a Canadian founder raising your next round, the principle remains the same. Own the recipe, or risk someone else cooking with it.
Digital Journal is the official media partner of ScaleUP Week 2025.
This coverage is supported by the Calgary Innovation Coalition (CIC), a network of 95+ organizations working to accelerate innovation and entrepreneurship across the Calgary region.
