CANADA Law and Practice Contributed by: Casey Chisick, Steven Kennedy, Karen MacDonald, Jessica Zagar, Dian Howard and Steven Henderson, Cassels Brock & Blackwell LLP
12.2 Trade Mark and Copyright Use on the Internet Canada’s trade mark system does not have a specific process for identifying and taking down infringing trade marks from internet web pages. Canada has a “notice and notice” copyright regime that provides a specific process for notifying ISPs and users of potential copyright infringement on websites. Under the regime, a copyright owner can send a notice to the ISP hosting a website with infringing content. If the notice meets the statutory requirements, the notice is then forwarded to the relevant user. Notices may not include offers to settle or demands for payment or personal information. The receipt of a notice does not obligate either the ISP or the user to investigate or take down the allegedly infringing content.
Timelines for appeals in other jurisdictions vary from province to province.
12. Additional Considerations 12.1 Emerging Issues Since 2022, CIPO has been using AI to assist in the initial examination of trade mark applica - tions. Most observers agree that, because of the human authorship requirement, there is no copyright protection available for purely AI-gen - erated works. Another emerging issue in copy - right relates to the use of copyrighted works to train and develop AI models. However, although various government consultations are underway, there has been no Canadian case law to date involving copyright and AI. See also 3.3 Copy- right Authorship . In November 2024, legislation enabling the right to repair received royal asset, thus allowing the circumvention of technological protection meas - ures (TPMs) – defined as any effective technol - ogy, device, or component that controls access to a copyrighted work – that are imposed by a copyright holder for the following purposes: (i) maintaining or repairing a product, including any related diagnosing; and (ii) making the program or device in which TPMs are embedded interop - erable with any other computer program, device, or component.
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