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Sound like a recipe for a copyright lawsuit? Not if you cut a deal that aligns interests. To answer any fears that one Zune owner can distribute music infinitely, the technical protection measures kick in. The device can only share with other Zune devices within range, and the shared music actually times out after three days. For its part, Universal had two other motivators: So iPods and Zunes are not generating tariffs for copyright owners the way blank CDs are.

Second, Universal also has its eye on upcoming negotiations for the renewal of its contract with Apple. With the Microsoft deal in its back pocket, Universal will very likely look to Apple for a cut of iPod sales. Unfortunately for Universal, it does not have the upper hand in that round of negotiations. It will be interesting and instructive for business owners to watch as the deal-making unfolds. The use of copyright as a tool to control distribution 2a in binary trading strategies and tactics ebooks and protect product lines is not new.

Neither is it confined to the traditional fields of music or software. Take for example the case of Euro Excellence, Inc. Manufacturers of all stripes seem to be employing copyright as a way to control unauthorized uses of 2a in binary trading strategies and tactics ebooks product. No license has been granted to apply this product to decorate articles which will thereafter be sold.

Any such use is an infringement of copyright in the characters portrayed and is specifically prohibited. Copyright can be a very useful tool which should be considered when developing a strategy for product distribution. Can a director be personally liable for trade-mark infringement? We raised this issue in our October 25th post.

A recent Federal Court decision has re-examined this question. In the case of Petrillo v. In coming to its decision, the court made several important points:. A lawsuit is not a fishing expedition. In the end, no evidence was brought forward to implicate the directors personally and so the lawsuit against them was dismissed.

Napster and Grokster were ahead of their time. Alas, like many pioneers, they were effectively litigated out of existence.

With the upsurge in video file-sharing sites, are we going to see a new round of battles, this time over copyright in video and movie content?

The answer to this question will lie in the degree to which the industry becomes successfully enmeshed in the success of video-sharing.

Yes, we are already seeing copyright lawsuits against YouTube and MySpace. They are part of well-established corporate empires: The content industry is enmeshed.

If industry can generate profit through these distribution models, the battles will be between competing empires over who has the most successful distribution model and the most effective copyright protection measures.

For Canadian video content producers, the questions remain the same as always: If copyright infringement is occurring, can it be stopped and at what cost?

One such concept is that two similar or even identical marks can coexist as long as they are in different channels of trade. This permits the trade-mark DELTA to be used by an airline, a water faucet manufacturer and a hotel chain without any confusion. In the recent decision in Louis Vuitton Malletier S. The famous hand-bag company sued a manufacturer of pet accessories such as dog beds 2a in binary trading strategies and tactics ebooks chew toys for trade-mark infringement.

Essentially, the court disagreed. The court looked at a number of other factors to determine whether the two marks were used in the same channel of trade.

Many companies want some basic guidance on copyright. It was originally developed to give writers and artists a measure of control over who can rightfully copy their works. Copyright is a function of the law set out in the Copyright Act and in the court decisions which interpret that Act. Someone who creates an original work automatically enjoys copyright protection in that work by virtue of the Copyright Act.

For copyright to subsist, the work must be original and it must be reduced to a fixed form for example, copyright does not protect mere ideas which are not expressed in writing. Technically, you do not need to register copyright in order to enjoy the protections under the Copyright Act. In other words, you are presumed to be the owner of a work in which you have a copyright registration without having to prove that you were the author of the work.

Whereas, without a registration, you would have to prove authorship and ownership of that work in the event of any dispute. Copyright registration is easy to do relative to patents or trade-marks, for example. The Canadian Intellectual Property Office provides more detailed guidance on that process. What can I do if someone else uses my copyrighted works without my permission? There are a number of exceptions in the Copyright Act which permit copying under certain circumstances, but if those exceptions are inapplicable, then you may be able to sue the infringer to prevent the unauthorized copying.

Internet Service Providers ISPs are often on the front lines of the battles taking place in internet law. We will be monitoring developments to see whether the Conservative government will introduce legislation in this thorny area. The decision cane be found at AstraZeneca Canada Inc.

The Patented Medicines Notice Of Compliance Regulations govern patented pharmaceutical 2a in binary trading strategies and tactics ebooks in Canada and provide brand-name drug companies with some extra tools in their competition against generic drug manufacturers.

The brand name drug company which owns the patent may respond by issuing its own application for a prohibition of the NOC. There has been much criticism of this tactic. Of course, there are limitations to the coverage, one of which is that the indemnity does not cover code 2a in binary trading strategies and tactics ebooks is modified by the customer.

For licensors, offering such an indemnity is a calculated risk. Software licensors, whether in the open-source or traditional software market, need to balance the costs associated with risk allocation.

Different companies will take different approaches depending on their overall strategy. We will be watching these developments closely as open source software legal issues continue to be front-and-centre for many software companies. 2a in binary trading strategies and tactics ebooks of official marks already have the benefit of some very special rights and remedies that the rest of us mere mortals can only dream of.

Business IssuesCopyrightGeneral. CopyrightGeneralIP Licensing. Business IssuesGeneralTrade-marks. In coming to its decision, the court made several important points: Copyright 2a in binary trading strategies and tactics ebooks, GeneralInternet Law.

Trade-mark Infringement Online November 16th, Category: GeneralInternet LawTrade-marks. How is copyright created? Do I need to register copyright and if so, how do I do that? Canada Minister of HealthSCC 49 The Patented Medicines Notice Of Compliance Regulations govern patented pharmaceutical products in Canada and provide brand-name drug companies with some extra tools in their competition against generic drug manufacturers.

Open Source Indemnity November 03rd, Category: November 01st, Category:

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Technology commercialization starts with the invention or creation of something marketable — a new device, a tool, an algorithm, a software application. Before you start to commercialize it, one of the first questions is: To the contrary, there is a presumption under Canadian law that an employee is the owner of his or her inventions, unless there is an express contract to the contrary, or the person was employed for the express purpose of inventing or innovating.

The case of Techform Products Ltd. When they see that another company has become independently successful, they pounce, alleging patent infringement and millions of dollars in damages. Sophisticated software can search the internet for instances that might qualify as copyright infringement. Righthaven has since filed over copyright infringement lawsuits in the US. The approach seems to be gaining traction: In Canadian news, proposed Copyright Reform legislation Bill C is headed back to committee , as Parliament resumes for the fall.

If the progress of legislation is not halted again by an election, then the committee deliberations promise to be contentious as each party jockeys for position on the politics of copyright.

The main legal question — which has not yet been settled in court — is who has responsibility for the infringement? Copyright owners have launched litigation against Apple for example, the Australian production company Jigsaw Entertainment has made noises about a lawsuit against Apple; photographer Louie Psihoyos has sued Apple in the US for copyright infringement arising out of an iPhone app , and largely left the developers out of their cross-hairs.

Be aware of the scope of your liability with Apple, and review the agreements with your own customers. Take care when collecting content for your app.

Original or properly-licensed content will reduce risks of future copyright issues. If content is being used without authorization, get advice on the options you have for remedies under the Copyright Act. Click here to listen the audio clip of the Yahoo yodel.

The practice of the Canadian Intellectual Property Office CIPO has been to consistently refuse applications for sounds marks due to the procedural requirement that marks be visual in nature. Germain , 16 C. Is it finally time to permit sound marks in Canada?

CIPO is considering some non-traditional marks — such as holograms — that can be depicted visually. Registering Sound as a Trade-mark. For Canadian software companies who license their software in the US, this decision will be encouraging Vernor v. Timothy Vernor purchased several used copies of Autodesk, Inc. Vernor never installed the software or agreed to the terms of the software license. This is because the court found that Autodesk had not sold copies but merely licensed copies of the copyrighted work.

Since when are bow ties a patent issue? Since the patents have expired but are still marked on the product, the company is technically open to a false-marking claim, and the appeals court in the U.

In our earlier post Patent Marking: We also note that earlier this year, in the US decision in Pequignot v. In the Solo Cup case, the company was successful in rebutting the presumption by gathering evidence of its decision-making process, and convincing the court that its intent was to minimize manufacturing costs, not to deceive the public. This is an important consideration in assessing tactics in the midst of patent litigation. Copyright Trolls September 27th, Category: Calgary MT 1 comment.

Time for Sound Marks in Canada? September 17th, Category: Business Issues , General , Trade-marks. Registering Sound as a Trade-mark Calgary — Autodesk September 14th, Category: Is it copyright infringement to re-sell a used copy of software? Update on Patent Strategy September 07th, Category: