Creativity Life Cycles : Canadian Trademark Agent and Lawyer : Joshua MacFadden : MacPherson Leslie & Tyerman Law Firm : Patents, Intellectual Property

With our change of the calendar to 2012 it is worth noting the many artists, writers, lyricists and other 'creative types' whose work now passes into the "public domain" as a result of applicable copyright laws (i.e. in Canada, the life of the author/creator plus fifty years; in other jurisdictions, the life of the author/creator plus seventy years). 

With the help of a third party blog post entitled "Public Domain Day 2012", the unofficial list of creators whose published works have potentially* entered the public domain in Canada includes, among others, Ernest Hemingway and Carl Jung, both of him died in 1961.  In other jurisdictions (i.e. Europe) where the relevant date is 1941, the list of creators includes such prominent figures as James Joyce, Virginia Woolf, and Frederick Banting.

* It is important to note that entry into the Public Domain is not automatic and subject to many qualifications including works of joint authorship, unpublished/posthumous works, retroactive extensions, etc.  If in doubt, contact legal counsel for advice.

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The Copyright and Industrial Design Branch announced a consultation period (expiring January 8, 2010) to consider the repeal of the Timber Marking Act  (R.S., 1985, c. T-11) and Rules.  Never heard of the Timber Marking Act? You're not alone, however, CIPO has provided some helpful background information concerning the former utility of this legislation along with comment on current industry practice.

Essentially, the legislation was designed to protect a logging company's interest in timber floated to mills on inland waters in Quebec, Ontario and New Brunswick (see The National Film Board classic "Log Driver's Waltz").  The logs were marked upstream and sent down for processing in exchange for payment to the owner of the mark.  However, the practice of log drives has been replaced over time with truck and rail transport for a variety of reasons.  Consequently, industry practice has evolved to avoid marking individual logs and thus the current legislation is simply outdated.  

CIPO is soliciting comment from both stakeholders and owners of timber mark rights during the consultation period to consider the impact upon the parties and industry.  Nevertheless, the repeal of the Act and Rules would thus cease any further registration of timber marks and perhaps any existing rights previously granted under the Act.

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The Copyright and Industrial Design Branch announced a consultation period (expiring January 8, 2010) to consider the repeal of the Timber Marking Act  (R.S., 1985, c. T-11) and Rules.  Never heard of the Timber Marking Act? You're not alone, however, CIPO has provided some helpful background information concerning the former utility of this legislation along with comment on current industry practice.

Essentially, the legislation was designed to protect a logging company's interest in timber floated to mills on inland waters in Quebec, Ontario and New Brunswick (see The National Film Board classic "Log Driver's Waltz").  The logs were marked upstream and sent down for processing in exchange for payment to the owner of the mark.  However, the practice of log drives has been replaced over time with truck and rail transport for a variety of reasons.  Consequently, industry practice has evolved to avoid marking individual logs and thus the current legislation is simply outdated.  

CIPO is soliciting comment from both stakeholders and owners of timber mark rights during the consultation period to consider the impact upon the parties and industry.  Nevertheless, the repeal of the Act and Rules would thus cease any further registration of timber marks and perhaps any existing rights previously granted under the Act.

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The Copyright and Industrial Design Branch announced a consultation period (expiring January 8, 2010) to consider the repeal of the Timber Marking Act  (R.S., 1985, c. T-11) and Rules.  Never heard of the Timber Marking Act? You're not alone, however, CIPO has provided some helpful background information concerning the former utility of this legislation along with comment on current industry practice.

Essentially, the legislation was designed to protect a logging company's interest in timber floated to mills on inland waters in Quebec, Ontario and New Brunswick (see The National Film Board classic "Log Driver's Waltz").  The logs were marked upstream and sent down for processing in exchange for payment to the owner of the mark.  However, the practice of log drives has been replaced over time with truck and rail transport for a variety of reasons.  Consequently, industry practice has evolved to avoid marking individual logs and thus the current legislation is simply outdated.  

CIPO is soliciting comment from both stakeholders and owners of timber mark rights during the consultation period to consider the impact upon the parties and industry.  Nevertheless, the repeal of the Act and Rules would thus cease any further registration of timber marks and perhaps any existing rights previously granted under the Act.

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