CHAPTER 09 Intellectual Property
Domain Names The Canadian Internet Registration Authority (CIRA) is responsible for the “.ca” system, which is governed by Canadian law. In order to be eligible to register a “.ca” domain name, “persons,” including both private individuals and companies, need first to meet certain Canadian presence requirements. These include holding Canadian citizenship or permanent resident status in the case of individuals, or being incorporated under the laws of Canada or any of Canada’s provinces or territories, in the case of companies. This is done to ensure that the “.ca” domain names remain a public resource for Canadians’ social and economic development. A person that does not meet these Canadian presence requirements, but that nonetheless owns a registered trademark under Canada’s Trademarks Act , may also register for a “.ca” domain name provided that the domain name consists of or includes the exact word component of that registered trademark. Domain names can be registered in one-year increments for up to 10 years and renewed indefinitely. Registration of a “.ca” domain name does not give the registrant any additional rights beyond the mere right to use the name as a domain name, other than common law trademark rights that may exist or be created through commercial use of the domain name. CIRA has a dispute resolution policy that regulates domain name conflicts; it also has the power to transfer or cancel domain name registrations.
Industrial Designs Canadian industrial designs are governed by the federal Industrial Design Act and are also protected under the Paris Convention, TRIPS and the Hague Agreement Concerning the International Registration of Industrial Designs. “Industrial design” generally refers to any original features of shape, configuration, pattern or ornament, and any combination of those features that, in a finished article, appeal to and are judged solely by the eye, have a fixed appearance and are visible at the time of purchase or during normal use (excluding any utilitarian features). Registration is mandatory for the protection of industrial designs, but no registration can be obtained if the industrial design application is filed more than 12 months after making the design public or offering it for commercial use. This includes distributing samples of an article bearing the design, selling or exhibiting such articles for sale, publishing the design in advertising or other printed material of any sort, or public use of articles bearing the design. Subject to payment of the maintenance fee, registration grants an exclusive right to make, sell, rent, license or import for trade or business the design applied to any article for which it is registered. The term for a registered industrial design will expire on the later of 10 years from the date of registration and 15 years from the filing date of the application. An industrial design registration protects not only the specific design registered, but also any design not substantially differing from it. Industrial designs may be assigned or licensed. However, such assignment or licence must be in writing and be recorded with CIPO.
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