Be it literary, dramatic, musical or artistic works, shape, configuration, pattern, or ornament, to avoid plagiarism, theft and unlicensed use of your works, we advise you on the protection of your copyrightable and designable works in Canada and worldwide.
What is a copyright?
Are you an author, painter, musician, sculptor, performer, stylist, programmer, engineer, all of your works are, commercial or non-commercial, valuable assets which ought to be protected under the Copyright Act, provided the conditions set out in the Copyright Act have been met.
A copyright, which means “the right to copy,” is a legal concept used to promote creativity and the progress of science and arts.
The Copyright Act gives the creator of original work the “exclusive rights” to (1) make, produce, reproduce, sell, distribute, display or perform, and be credited for the work or a substantial part of it in any form, (2) determine who may perform or adapt the work to other forms, (3) disseminate the information contained within the works, (4) create and make derivative works, (5) financially benefit from the original work, etc… In short, it prohibits anyone from copying your work without your permission.
Therefore, copyrighted work includes writings, discoveries, idea of stimulating the creation of as many works of authorship, including literary, dramatic, musical, artistic, architectural, pantomimes and choreographic works, pictorial, graphic, and sculptural works, audiovisual works, sound recordings, derivative works, compilations, etc…
What is Industrial Design?
A well-designed, original and stylish product brings success to its creator. It is however assessed not only by its functionality but also its look. The said product is the results of much time, money, and know-how which is worth protecting.
An industrial design is the visual features of shape, configuration, pattern or ornament, or any combination, that appeal to the eye and applied to a manufactured or finished product, such as shape of a table, chair, bottle, glass, cups, repeated pattern, motifs, etc… in short, your product must be original.
The Industrial Design Act protects you from unlawful imitation of your original design. It gives you the exclusive right to your original design for up to ten years from the date of registration. Otherwise, if not registered, you cannot make a legal claim of ownership, therefore no recourse to prevent others from making, importing, renting, or selling any article to which your design is applied.
The way to obtain this valuable IP protection is to register the said design with the Industrial Design Office.
Copyright/Industrial Design Process
Similarly to patent and trade-mark, the copyright and industrial design is the processes start with the preliminary search to determine their registrability and the chances of success into obtaining a valid registration.
The entire process, for both copyright and industrial design, can take several months, depending on the completeness of your application. Therefore, we assist you in conducting title search clearances, preparing, filing and prosecuting your copyright and industrial design applications. Moreover, we advise onto negotiating a licensing agreement, and other ancillary services.
The copyright process consists of the following steps… [Read More]
The industrial design process consists of the following steps… [Read More]