Artist's Legal Information Society | All creative professionals

Nature of copyright: originality / 07.09.2017

Software Guy Brokers Ltd v Hardy, 2004 BCSC 82

Key Principle: To successfully advance a claim of passing-off, one party must show that, by its name or branding, another party has, or is likely to, deceive or mislead the public into thinking that its business is related to that of the first party. Only original...

Patents / 07.09.2017

Rucker Co v Gavel’s Vulcanizing Ltd (1985), 7 CPR (3d) 294 (FCTD)

Key Principle: The reproduction of one element of a patented product does not typically amount to infringement of the patent. However, if it is plain that a given patent was drafted to protect a single novel element of an otherwise familiar product, a court may read...

Material subject to copyright / 07.09.2017

ResourceEye Services Inc v Atrum Coal Groundhog Inc, 2015 BCSC 821

Key Principle: Survey data cannot be copyrighted. Only the documents on which they are presented may be protected by copyright. As a general rule factual information cannot be owned. Once released, it may be freely used. Summary: The Situation: You run a geological survey company. A mining company has...

Product names & trademarks / 07.09.2017

International Press Ltd v Tunnell [1938] 1 DLR 393 (ONCA)

Key Principle: Generally, a description cannot be protected by trademark. However, if a descriptive word or phrase has come to be widely associated with a particular product, the producer of the product may lay claim to it. Summary: The Situation: You are a computer programmer and have designed and...

Corso v Nebs Business Products Ltd (2009), 2009 CarswellOnt 1410

Key Principle: By default, an employer owns the copyright to any patentable product that his employee produces in the course of employment. It makes no difference if the employee calls the product a personal project, or whether he initially develops it on his own time. Summary: The Situation: You...