Consultation Period Opens Regarding the Timber Marking Act and Rules
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Consequently, industry practice has evolved to avoid marking individual logs and thus the current legislation is simply outdated.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.
