Some additional comments about protecting product packaging and copyright.

Copyright Registrations

Copyright protection in Canada does not depend on registration or other steps such as marking. Protection is automatic.   Registration is permissive and is unnecessary for the subsistence of copyright. However, the registration of copyright or an assignment of copyright or a licence granting an interest in a copyright does have a number of benefits.

A certificate of registration of copyright in a work is evidence that copyright subsists in the work and that the person registered is the owner of the copyright. A certificate of registration of an assignment of copyright is evidence that the right recorded on the certificate has been assigned and that the assignee registered is the owner of that right.   A certificate of registration of a licence granting an interest in a copyright is evidence that the interest recorded on the certificate has been granted and that the licensee registered is the holder of that interest.

The certificate of registration of copyright is prima facie evidence that copyright exists. The matters set out above will be presumed to be as described in the certificate and the party seeking to dispute them will bear the onus of leading credible evidence to the contrary.

In response to a statement of claim based on a certificate of registration a defendant is not entitled to rely upon a simple denial but must allege material facts which could, if proven, bring into question the matters set out in the registration.

Under the Copyright Act, a defendant who alleges that they were not aware and had no reasonable ground for suspecting that copyright existed in a work is not liable to any other remedy against them other than an injunction.However, if at the date of the infringement, the copyright in the work was duly registered, the defendant is deemed to have had reasonable grounds for suspecting that copyright subsisted in the work.

CASL

Canada's new draconian Anti-Spam Law (known as "CASL") came into force in July. I am currently involved in putting on a seminar for an industry association in October concerning compliance. Contact me to assist your organization with CASL compliance.