CANADA Law and Practice Contributed by: Casey Chisick, Steven Kennedy, Karen MacDonald, Jessica Zagar, Dian Howard and Steven Henderson, Cassels Brock & Blackwell LLP
Notice of copyright ownership is not mandatory in Canada. However, copyright owners can use the symbol ©, the year of the first publication, and the name of the copyright owner to signify to the public their copyright ownership in the works. In proceedings for copyright infringe - ment, the plaintiff is not entitled to any remedy other than an injunction if the defendant proves that they were not aware and had no reason to suspect that copyright subsisted in the work or other subject matter. 3.8 Copyright Application Requirements An application to register copyright in a work or other subject-matter must be filed with the Canadian Intellectual Property Office (CIPO). It must include basic information, such as the author, owner, and title of the work. An applicant is not required to provide a copy of the work or other subject-matter. Information on filing fees is available online . 3.9 Refusal of Registration CIPO will only refuse to register a copyright if the formal registration requirements are not met. There is no appeal, but the applicant may resub - mit a corrected application. In Canada, there is no substantive review of an application and no direct consequences for providing incorrect information. However, an incorrect registration may affect an applicant who seeks to rely on it in copyright infringement proceedings. Further, where a person purports to have the authority to apply for registration on behalf of another person, any damages caused by a fraudulent or erroneous assumption of authority are recoverable in court. Once a registration has been issued, the Regis - trar of Copyrights may correct clerical errors in
the registration. The Federal Court may also, on application, order the rectification of the register. See 5.2 Legal Grounds for Filing an Opposition or Cancellation , 5.3 Ability to File an Opposi- tion or Revocation/Cancellation , 5.4 Opposi- tion or Revocation/Cancellation Procedure , and 5.6 Amendment in Revocation/Cancella- tion Proceedings . 3.10 Related Rights Copyright may also be protected by trade mark or industrial design rights. See 3.1 Types of Copyrightable Works . 4. Trade Mark Registrations and Applications 4.1 Trade Mark Registration Registration is not required for trade mark rights in Canada. However, registration provides sev - eral legal benefits, such as: • the exclusive right to use the trade mark across Canada during the term of the trade mark’s registration; • the ability to prevent others from registering and/or using a confusingly similar trade mark across Canada; • the ability to pursue statutory trade mark infringement claims; and • the ability to claim priority in a trade mark in another Paris Convention member state within the first six months of the filing date of the Canadian application. See 7.2 Legal Claims for Infringement Lawsuits and Their Standards .
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