How can I have a new product registered in Canada?

[situliven]

I've currently got to know a new product in Hungary and want to sell it in Canada. How can have it registered in Canada? Anyone please tell me the procedures... Thank you so much.

 

[NetMecca]

Hi

Your comments raise several questions.

Is this a new product, and requires a patent? if so you should retain the services of a patent lawyer to assist you with that aspect. Though notably if the product has been in hungary for a while already, and was not registered in Canada when it was originally registered you may not be able to claim patent rights at this time.

If this is not a new product and you only wish to distribute the product in Canada (import from Hungary), you should get a territorial distribution agreement with the hungarian manufacturer that would permit you to have rights in Canada - exclusive not essentail but may be helpful.

If you have status in Canada you can sell it yourself. If not you will be required to get a Canadian Partner who may be willing to distribute for you. (they buy and onsell in Canada).

With a Canadian partner of at least 25% you may also be able to register a company in Canada for the same purpose.

Hope this is helpful

Good luck

 

[situliven]

Thank you for your reply!

The product I mentioned has been sold in Hungary and also Australia for a while, so in this case I don't need to claim patent right. But it's a brand new product in Canada. Don't I need to get some official authorization before I sell it in Canada?( I'm now in Canada and I've already registered a company.) Thanks!

 

[NetMecca]

Your question depends somewhat on what it is, though for most products no special product registration required anywhere.

If it is controlled (like food) you will need to get it through customs (food inspection agency). If it is hazardous in any way, you may require some permits for import and storage. (as with food as well). I would recommend you primarily focus on the importation requirements for starters, and then work your way from there.

From a simple registration process however, there are no requirements for registration of most commercially sold goods per se. The other thing that I would suggest to be extremely important. Make sure you have the right insurance to protect you against liability resulting from injury or damage, by your product. Even though you may be able to pass some of that on to the manufacturer (depending agreements and your willingnes to litigate internationally) you will be the first point of suit if something goes wrong. So be sure to speak to an insurance broker about insuring yourself properly.

BTW. I import African art into Canada, so I have been through this process.

Good Luck

 

[situliven]

You've been so kind that answered my questions so detailed.
The product I'm going to sell is a hair growth inhibiting cream. Does it need any special product registration?
Insurance for the product? That's really an important thing which I've never thought about it. Thanks for reminding.

 

[NetMecca]

This is a little more complicated as this may be considered medicinal (possibly) depending on ingredients etc.

I am admittedly not an expert in this area, but might I suggest you get in touch with Health Canada

Chances are they will be able to assist you with your questions regarding this product (or refer you to someone that could). Chances are indeed that you will have to go through a fair amount of effort to sell this in Canada.

http://www.hc-sc.gc.ca/dhp-mps/prodpharma/databasdon/index-eng.php

Good luck

 

[NetMecca]

Here is another link that may be of help

http://www.hc-sc.gc.ca/dhp-mps/prodpharma/activit/fs-fi/reviewfs_examenfd-eng.php

Good luck