DOCSLIB.ORG

Trade-Related Aspects of Intellectual Property Rights, Productivity Commission Staff Research Paper, AGPS, Canberra

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Trade-Related Aspects of Intellectual Property Rights, Productivity Commission Staff Research Paper, AGPS, Canberra Trade-Related Aspects of Intellectual Staff Property Rights Research Paper John Revesz The views expressed in this paper are those of the staff involved and do not necessarily reflect those of the Productivity Commission. Appropriate citation is May 1999 indicated overleaf. ã Commonwealth of Australia 1999 ISBN This work is subject to copyright. Apart from any use as permitted under the Copyright Act 1968, the work may be reproduced in whole or in part for study or training purposes, subject to the inclusion of an acknowledgment of the source. Reproduction for commercial use or sale requires prior written permission from AusInfo. Requests and inquiries concerning reproduction and rights should be addressed to the Manager, Legislative Services, AusInfo, GPO Box 1920, Canberra ACT 2601. Inquiries: Media and Publications Productivity Commission Locked Bag 2 Collins Street East Post Office Melbourne VIC 8003 Telephone (03) 9653 2244 Fax (03) 9653 2303 Email [email protected] An appropriate citation for this paper is: Revesz, J. 1999, Trade-Related Aspects of Intellectual Property Rights, Productivity Commission Staff Research Paper, AGPS, Canberra. The Productivity Commission The Productivity Commission, an independent Commonwealth agency, is the Government’s principal review and advisory body on microeconomic policy and regulation. It conducts public inquiries and research into a broad range of economic and social issues affecting the welfare of Australians. The Commission’s independence is underpinned by an Act of Parliament. Its processes and outputs are open to public scrutiny and are driven by concern for the wellbeing of the community as a whole. Information on the Productivity Commission, its publications and its current work program can be found on the World Wide Web at www.pc.gov.au or by contacting Media and Publications on (03) 9653 2244. Contents Preface VII Abbreviations VIII Overview XI 1 Scope of the paper 1 2 Description and background of TRIPS 4 2.1 The history of international agreements 4 2.2 Enforcement of IPRs 8 2.3 A summary of changes introduced by TRIPS 10 2.4 Outstanding issues in TRIPS 11 2.5 TRIPS and current IPR policy issues in Australia 12 3 Economic considerations 15 3.1 The economic rationale of IPRs 15 3.2 Cross-border spillovers of R&D benefits 17 3.3 Forms of IPR protection for R&D 20 3.4 Patent policy issues 24 3.5 Policy issues concerning industrial designs 32 3.6 Policy issues concerning copyrights 34 3.7 The rationale for trade marks 42 3.8 Parallel importing 44 3.9 The impact of TRIPS on developing countries 51 4 Statistical analysis 57 4.1 Different approaches to quantitative analysis 57 4.2 The Maskus indices 59 4.3 Estimated patent content of production and trade 65 4.4 The economic contribution of copyright protected industries 72 4.5 Applications and registrations 77 4.6 A brief overview 80 CONTENTS III Appendixes A IP law and international agreements 82 A.1 Intellectual property rights broadly defined 82 A.2 Patents 83 A.3 IPR protection of biological innovations 90 A.4 Industrial designs 95 A.5 Trade marks 98 A.6 Geographical indications 102 A.7 Copyrights and neighbouring rights 104 A.8 Circuit layout rights 113 A.9 Protection of undisclosed information 114 B The Australian Maskus indices 116 C The patent content in trade 118 D Trade in copyright material 125 References 127 FIGURES 4.1 Patent applications and registrations 1983 to 1996 78 4.2 Trade mark applications and registrations 1983 to 1996 79 4.3 Industrial design applications and registrations 1983 to 1996 80 TABLES 3.1 Mean rating of effectiveness of alternative means of protecting new products and processes 20 3.2 Limitations of effectiveness of patents for new or improved processes and products 21 4.1 Product groups with potential IPR problems 59 4.2 Trade in patent-dependent goods 61 4.3 Trade in copyright-dependent goods 63 4.4 Trade in trade mark-dependent goods 64 4.5 Share of BERD and patent content in GDP 69 IV CONTENTS 4.6 Percentage share of patent content in total trade of goods and services 69 4.7 Analysis of the increase in the patent content of trade 71 4.8 Comparison of estimates of aggregate patent values 72 4.9 Estimated value added of copyright protected industries 73 4.10 Share of traded copyright material in total trade in goods and services and in GDP 75 4.11 Share of copyright content and patent content in GDP in 1996-97 76 B.1 Share in merchandise trade of patent-related goods 116 B.2 Share in merchandise trade of copyright-related goods 117 B.3 Share in merchandise trade of trade mark-related goods 117 C.1 Estimated patent content of BERD expenditure at the sectoral level 118 C.2 Sales, trade and BERD data at the sectoral level in 1996-97 119 C.3 Estimated patent content in trade and domestic sales in 1996-97 120 C.4 Sales, trade and BERD data at the sectoral level in 1986-87 121 C.5 Estimated patent content in trade and domestic sales in 1986-87 122 C.6 Sales, trade and BERD data at the sectoral level in 1976-77 123 C.7 Estimated patent content in trade and domestic sales in 1976-77 124 D.1 Trade in copyright material 125 D.2 Estimated copyright content in trade and domestic sales 1996–97 126 CONTENTS V Preface The primary motivation for this paper is to provide input to the upcoming legislative review of intellectual property rights. Other developments, including the resumption of the World Trade Organisation negotiations on agriculture and services, plus the prospect of a so-called ‘Millennium Round’ of new World Trade Organisation negotiations, make it timely to examine trade-related aspects of this subject. The aim of this paper is to contribute to a better understanding of intellectual property right issues from an economic perspective. The paper was written by John Revesz under the direction of Philippa Dee. The paper was refereed within the Productivity Commission, but it does not necessarily reflects the views of the Commission. Helpful information and comments were provided by officers of IP Australia, the Attorney General’s Department, the Intellectual Property Branch in the Department of Communications, Information Technology and the Arts and the Intellectual Property Unit in the Department of Foreign Affairs and Trade. The views expressed in this paper are not necessarily shared by the abovementioned departments or agency. PREFACE VII Abbreviations ABS Australian Bureau of Statistics AGPS Australian Government Publishing Service AGD Attorney General’s Department AIPO Australian Industrial Property Organisation ALRC Australian Law Reform Commission BERD Business enterprise research and development BIE Bureau of Industry Economics CD Compact disk CLRC Copyright Law Review Committee CSIRO Commonwealth Scientific and Industrial Research Organisation DFAT Department of Foreign Affairs and Trade DIST Department of Industry, Science and Technology DOCA Department of Communications and the Arts GATT General Agreement on Tariffs and Trade GDP Gross domestic product IC Industry Commission IP Intellectual property IPR Intellectual property right OECD Organisation for Economic Co-operation and Development ORR Office of Regulation Review PC Productivity Commission PCT Patent Cooperation Treaty PSA Prices Surveillance Authority R&D Research and development VIII ABBREVIATIONS TRIPS Agreement on Trade-Related Aspects of Intellectual Property Rights UNESCO United Nations Educational, Scientific and Cultural Organisation UPOV International Union for the Protection of New Varieties of Plants USITC United States International Trade Commission WCT WIPO Copyright Treaty WIPO World Intellectual Property Organisation WPPT WIPO Performance and Phonograms Treaty WTO World Trade Organisation Y2K Year 2000 computer bug ABBREVIATIONS IX X ABBREVIATIONS Overview The purpose of this paper is to describe and analyse from an economic perspective major issues in the intellectual property rights (IPR) area. IPRs provide legal protection to intellectual property against imitations or copying through patents, copyrights, trade marks, industrial designs and to a certain extent also trade secrets. Much of the discussion is concerned with the implications of the agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). This international agreement was introduced in 1995 and is one of the set of agreements under the World Trade Organisation (WTO). The paper describes the TRIPS and other international IPR agreements, as well as broad features of Australian IPR legislation. On the empirical side, the paper presents various statistical indicators of Australian intellectual property, including some estimates of the patent and copyright cost content in production and trade. The rest of the paper is devoted to identifying and analysing IPR policy issues from an economic perspective. TRIPS and intellectual property legislation Over the last century, domestic IPR legislation has been strongly influenced by international conventions and agreements. International agreements on IPRs date back to the Paris Convention (1883) on industrial property (patents, trade marks and designs) and the Berne Convention on copyrights (1886). Bilateral IPR agreements between European countries started in 1829. International cooperation in the IPR area is motivated by the fact that IPR protection restricted within national boundaries has little effect in preventing imitation or copying abroad, unless protection is also provided by other countries. The primary purpose of the Paris and Berne conventions and subsequent agreements is to ensure an international coverage of IPR protection by providing to foreigners equal protection as for domestic residents. In addition, these agreements seek to make it easier to obtain IPRs in different jurisdictions. While these international agreements ensured some measure of global IPR protection over the last century, this became less satisfactory in recent years. One reason was the increasing globalisation of the world economy.
Load more

Recommended publications
  • Canadian Retransmission Collective
    The Honourable Navdeep Bains, P.C., M.P. Minister of Innovation, Science and Economic Development House of Commons Ottawa, Ontario K1A 0A6 The Honourable Mélanie Joly Minister of Canadian Heritage House of Commons Ottawa, Ontario K1A 0A6 Copyright Board of Canada 56 Sparks St., Suite 800 Ottawa, Ontario K1A 0C9 Re: A Consultation on Options for Reform to the Copyright Board of Canada Attention: [email protected] A. INTRODUCTION Canadian Retransmission Collective (CRC) is pleased to respond to the Government of Canada’s request for submissions of August 9, 2017 to all Copyright Board stakeholders, requesting commentary on the matters raised in the Consultation on Options for Reform to the Copyright Board of Canada (the “Discussion Paper”). CRC is a copyright collective representing thousands of program rights holders. Its affiliates include independent Canadian program producers, the National Film Board of Canada, producers of programs shown on Public Broadcasting Service (PBS) and Réseau France Outremer (RFO), educational TV producers in Canada (except Télé-Québec), all foreign producers and broadcasters outside North America, and producers of music videos used in Canadian programs. CRC’s mandate is to ensure that distant signal royalties reflect an equitable market value and are flowed through to program rightsholders in a timely and efficient manner. Achieving these goals is essential to promoting a copyright ecosystem that encourages the creation and dissemination of new content. CRC fully supports the Government of Canada’s and the Copyright Board’s policy goals in reviewing the legislative and regulatory framework of the powers and procedures of the Board. All stakeholders – copyright owners, intermediaries, and users alike – will benefit from a more efficient Copyright Board process.
    [Show full text]
  • An Act to Amend the Copyright Act
    Bill C-32: An Act to amend the Copyright Act Publication No. 40-3-C32-E 20 July 2010 Dara Lithwick Legal and Legislative Affairs Division Parliamentary Information and Research Service Legislative Summary of Bill C-32 HTML and PDF versions of this publication are available on IntraParl (the parliamentary intranet) and on the Parliament of Canada website. In the electronic versions, a number of the endnote entries contain hyperlinks to referenced resources. Ce document est également publié en français. Library of Parliament Legislative Summaries summarize government bills currently before Parliament and provide background about them in an objective and impartial manner. They are prepared by the Parliamentary Information and Research Service, which carries out research for and provides information and analysis to parliamentarians and Senate and House of Commons committees and parliamentary associations. Legislative Summaries are revised as needed to reflect amendments made to bills as they move through the legislative process. Notice: For clarity of exposition, the legislative proposals set out in the bill described in this Legislative Summary are stated as if they had already been adopted or were in force. It is important to note, however, that bills may be amended during their consideration by the House of Commons and Senate, and have no force or effect unless and until they are passed by both houses of Parliament, receive Royal Assent, and come into force. Any substantive changes in this Legislative Summary that have been made since the preceding issue are indicated in bold print. Publication No. 40-3-C32-E Ottawa, Canada, Library of Parliament (2010) CONTENTS 1 BACKGROUND ........................................................................................................
    [Show full text]
  • Module Ii Copyright and Related Rights
    MODULE II COPYRIGHT AND RELATED RIGHTS Introduction General Part II of the TRIPS Agreement sets out the substantive standards for the protection of IP that WTO members should follow. This module outlines the provisions of Section 1 of Part II (running from Article 9 to Article 14), which sets out the protection that members must make available in the area of copyright and related rights – specifically, for literary and artistic works, performances, phonograms (or sound recordings) and broadcasts. This Section has to be read, like all other sections in Part II, together with the relevant provisions of certain pre-existing treaties in the area of international IP law that are incorporated by reference into the TRIPS Agreement. In the case of copyright, the relevant treaty is the Berne Convention; and on related rights, there are certain references to the Rome Convention. The relationship between the TRIPS Agreement and these Conventions is explained in section A3 below. As in the other areas of IP covered by the TRIPS Agreement, the provisions of Section 1 stipulate the minimum level of protection that members have to provide to nationals of other members. In other words, they determine the obligations that such members have towards each other. Given the long history of international cooperation on copyright matters, the national laws in this area are often fairly similar. However, to answer any question the reader may have on how the law applies in any practical situation, the applicable domestic law will have to be consulted. What are copyright and related rights? The term ‘copyright’ in its narrow sense usually refers to the rights of authors in their literary and artistic works.
    [Show full text]
  • Regulations Prescribing Networks (Copyright Act) (SOR/99-348)
    Regulations Prescribing Networks (Copyright Act) (SOR/99-348) REGULATORY IMPACT ANALYSIS STATEMENTi (This statement is not part of the Regulations.) Description Bill C-32, An Act to amend the Copyright Act, received Royal Assent on April 25, 1997. Among the measures put in place by this bill are new rights for performers and sound recording makers as well as exceptions for non-profit schools, libraries, archives and museums. There are also two exceptions which take into account the need of both radio and television broadcasters to make temporary copies (i.e., "ephemeral recordings") of performances so as to facilitate programming and broadcasting operations. Without these exceptions, broadcasters would first need to obtain the permission of the copyright owner in respect of each copyrighted work captured on the ephemeral recording. The exceptions are subject to certain conditions and limitations. For example, it is a condition of both exceptions that broadcasters destroy each ephemeral recording within thirty days of its making, unless the copyright owner consents otherwise. Broadcasters must keep a record of the date(s) of both the making and destruction of each ephemeral recording, including any other information prescribed by Regulation. Further, the exceptions are not available in respect of copyrighted works for which a collective society of copyright owners licenses the making of ephemeral recordings. (Note: The text which follows refers to "programming undertakings" and "broadcasting undertakings". These terms include entities such as television and radio stations. Their specific legal definitions are, however, set out in the Copyright Act.) In particular: (a) section 30.8 of the Copyright Act allows a programming undertaking to make, for the purpose of deferred broadcasting, an ephemeral recording of a live performance which incorporates copyrighted works.
    [Show full text]
  • Section 512 of Title 17 a Report of the Register of Copyrights May 2020 United States Copyright Office
    united states copyright office section 512 of title 17 a report of the register of copyrights may 2020 united states copyright office section 512 of title 17 a report of the register of copyrights may 2020 U.S. Copyright Office Section 512 Report ACKNOWLEDGEMENTS The publication of this Report is the final output of several years of effort by the Copyright Office to assist Congress with evaluating ways to update the Copyright Act for the 21st century. The genesis of this Report occurred in the midst of the two years of copyright review hearings held by the House Judiciary Committee that spanned the 113th and 114th Congresses. At the twentieth and final hearing in April 2015, the Copyright Office proposed several policy studies to aid Congress in its further review of the Copyright Act. Two studies already underway at the time were completed after the hearings: Orphan Works and Mass Digitization (2015), which the Office later supplemented with a letter to Congress on the “Mass Digitization Pilot Program” (2017), and The Making Available Right in the United States (2016). Additional studies proposed during the final hearing that were subsequently issued by the Office included: the discussion document Section 108 of Title 17 (2017), Section 1201 of Title 17 (2017), and Authors, Attribution, and Integrity: Examining Moral Rights in the United States (2019). The Office also evaluated how the current copyright system works for visual artists, which resulted in the letter to Congress titled “Copyright and Visual Works: The Legal Landscape of Opportunities and Challenges” (2019). Shortly after the hearings ended, two Senators requested a review of the role of copyright law in everyday consumer products and the Office subsequently published a report, Software-Enabled Computer Products (2016).
    [Show full text]
  • The Development and Incorporation of International Norms in the Formation of Copyright Law
    The Development and Incorporation of International Norms in the Formation of Copyright Law GRAEME B. DINWOODIE* The means by which international norms are developed and incorporated in the formation of copyright law have changed dramatically in recent years. In this article, Professor Dinwoodie explores the nature of those changes. The classical model of international copyright law afforded countries significant latitude to implement international standards in ways tailored to their own economic and cultural priorities. The lack of an effective method of enforcing international standards consolidated that deference to national autonomy. And international treaties tended merely to codify existing commonly accepted national standards. This model has undergone changes of late, most notably (but not exclusively) in the context of the TRIPS Agreement, which subsumed the principal international copyright obligations within the WTO Dispute Settlement system. This change to the classical model is potentially significant in many ways. Most directly, failure to fulfill international copyright obligations may be met by the imposition of trade sanctions. More broadly, however, the interpretation of international copyright obligations by WTO panels may alter the degree of national autonomy afforded member states and may make international copyright law more forward looking in nature. International copyright lawmaking by activist WTO panels thus may generate costs as well as gains. Professor Dinwoodie considers these issues through an analysis of the first (and, thus far, the only) report of a WTO dispute settlement panel regarding violation of a copyright provision contained in the TRIPS Agreement. This report, handed down in June 2000, found that an exemption introduced into section 110(5) of the U.S.
    [Show full text]
  • What Does the WTO Analysis of 17 USC ß 110(5) Mean
    Sarah E. Henry The First International Challenge to U.S. Copyright Law: What Does the WTO Analysis of 17 U.S.C. ß 110(5) Mean to the Future of International Harmonization of Copyright Laws Under the TRIPS Agreement? 20 Penn State International Law Review 301 (2001) I. Introduction June 15, 2000 was a landmark date in the development of international copyright law. A World Trade Organization ("WTO") dispute settlement body ("Panel") published a panel report, which 2 found that Section 110(5) of the United States Copyright Act of 19761 as amended in 1998, was incompatible with US obligations under the Uruguay Round Multilateral Agreement on Trade- Related Aspects of Intellectual Property Rights ("TRIPS Agreement")3. 4 The Panel has recom- mended that the US amend 110(5) in order to conform with the TRIPS Agreement. 5 At issue was the Fairness in Music Licensing Act ("FMLA"), an amendment to Section 110(5) enacted by Congress in October, 1998.6 The same day FMLA became law on January 26, 1999, the European Community ("EC"), comprised of fifteen-member nations,7 brought a challenge under the World Trade Organization's dispute settlement procedures.8 The EC complaint, fueled initially by complaints from performers' rights organizations,9 concluded that the practical effect of the FMLA resulted in royalty losses totaling approximately Euro 28 million per annum.10 Thereafter, Australia, Brazil, Canada, Japan, and Switzerland joined in the EC complaint, participating in formal discus- 1 United States Copyright Act of 1976, Act of Oct. 19, 1976, Pub. L. No. 94-553, 90 Stat.
    [Show full text]
  • TRIPS Agreement Implications for ASEAN Protection of Computer Technology Marie Wilson
    Annual Survey of International & Comparative Law Volume 4 | Issue 1 Article 4 1997 TRIPS Agreement Implications for ASEAN Protection of Computer Technology Marie Wilson Follow this and additional works at: http://digitalcommons.law.ggu.edu/annlsurvey Part of the Intellectual Property Law Commons, and the International Trade Law Commons Recommended Citation Wilson, Marie (1997) "TRIPS Agreement Implications for ASEAN Protection of Computer Technology," Annual Survey of International & Comparative Law: Vol. 4: Iss. 1, Article 4. Available at: http://digitalcommons.law.ggu.edu/annlsurvey/vol4/iss1/4 This Article is brought to you for free and open access by the Academic Journals at GGU Law Digital Commons. It has been accepted for inclusion in Annual Survey of International & Comparative Law by an authorized administrator of GGU Law Digital Commons. For more information, please contact [email protected]. Wilson: TRIPS Agreement Implications TRIPS AGREEMENT IMPLICATIONS FOR ASEAN PROTECTION OF COMPUTER TECHNOLOGY MARIE WILSON· The new Trade-Related Aspects of Intellectual Property Agreement (the TRIPs Agreement), a result of the recent General Agreement of Tariffs and Trade (GATT) Uruguay Round, represents a major step toward providing the global trading system with more effective rules and enforcement procedures for the protection of all forms of intellectual property. The author presents a comprehensive analysis of the TRIPs Agreement requirements and of their ramifications for intellectual property protection and enforcement in the Association of East Asian Nations (ASEAN). The paper concludes with an assessment of the future ofcomputer technology protection in the ABEAN countries. • Marie Wilson obtained her J.D. degree from the University of Minnesota Law School in 1979 and earned her LL.M.
    [Show full text]
  • International Copyright from an American Perspective
    Maurer School of Law: Indiana University Digital Repository @ Maurer Law Articles by Maurer Faculty Faculty Scholarship 1990 International Copyright from an American Perspective Marshall A. Leaffer Indiana University Maurer School of Law, [email protected] Follow this and additional works at: https://www.repository.law.indiana.edu/facpub Part of the Intellectual Property Law Commons, and the International Law Commons Recommended Citation Leaffer, Marshall A., "International Copyright from an American Perspective" (1990). Articles by Maurer Faculty. 665. https://www.repository.law.indiana.edu/facpub/665 This Article is brought to you for free and open access by the Faculty Scholarship at Digital Repository @ Maurer Law. It has been accepted for inclusion in Articles by Maurer Faculty by an authorized administrator of Digital Repository @ Maurer Law. For more information, please contact [email protected]. International Copyright from an American Perspective Marshall Leaffer* Introduction In our age of information the international dimension of copyright law grows in importance with each day. Satellite communications and other developing technologies permit worldwide access to copyrighted works as never before. Copyrighted works can be copied cheaply and disseminated quickly, unimpeded by time, space, or national boundary. This results in copyright owners having less and less control over their creations, particularly in light of the systematic piracy of copyrighted works which occurs in some foreign countries. As the world's largest user and producer of copy- righted works, the United States has a special interest in an orderly and responsive international regime of copyright pro- tection. The United States's recognition of this special interest is reflected in its March 1, 1989 entry into the Berne Conven- tion, the oldest and preeminent multinational copyright treaty.
    [Show full text]
  • Intellectual Property
    INTELLECTUAL PROPERTY Patents 93 Copyright 95 Trade-marks 96 Domain Names 97 Other Intellectual Property 98 By Alfred Macchione and Dan Glover Intellectual Property 93 INTELLECTUAL PROPERTY The federal laws on patents, copyright and trade-marks provide the principal protection for intellectual property in Canada. Canada is a member of the World Trade Organization (WTO) agreement on Trade- Related Aspects of Intellectual Property Rights (TRIPS) and has agreed to the minimum standards of protection and reciprocal treatment provided in this treaty. Patents Canada is a member of the Paris Convention for the Protection of Industrial Property (Stockholm Act) and the Patent Cooperation Treaty (PCT). The Patent Act provides that any new, useful and unobvious invention that falls within the statutorily defi ned categories, namely, art, process, machine, manufacture or composition of matter (or any improvement of any of these) CANADA IS A MEMBER is patentable. Higher life forms per se are not OF THE PARIS patentable, but engineered genetic material CONVENTION FOR and cell lines containing such genetic material THE PROTECTION OF typically are patentable. Algorithms per se INDUSTRIAL PROPERTY are not patentable, but computer program (STOCKHOLM ACT) products or methods that implement a AND THE PATENT tangible solution, or produce a discernable COOPERATION TREATY. eff ect or change, generally are patentable. INTELLECTUAL PROPERTY INTELLECTUAL In a landmark decision rendered in October 2010, the Federal Court overturned a rejection by the Commissioner of Patents and the Canadian Patent Appeal Board of a patent application by Amazon.com for its “one- click” online product-ordering technology. The Commissioner of Patents had held that Amazon’s application did not qualify as having patent- eligible subject matter under the Patent Act.
    [Show full text]
  • In the Supreme Court of Canada Factum Of
    S.C.C. File No. 34210 IN THE SUPREME COURT OF CANADA (On Appeal from the Federal Court ofAppeal) BETWEEN: RE:SOUND Appellant (Applicant) - and- MOTION PICTURE THEATRE ASSOCIATIONS OF CANADA, ROGERS COMMUNICATIONS INC., SHAW COMMUNICATIONS INC., BELL EXPRESSVU LLP, COGECO CABLE INC., EASTLINK, QUEBECOR MEDIA, TELUS COMMUNICATIONS COMPANY, TURNER BROADCASTING SYSTEMS, INC., CANADIAN BROADCASTING CORPORATION and CANADIAN ASSOCIATION OF BROADCASTERS Respondents (Respondents) FACTUM OF APPELLANT, RE:SOUND OSLER, HOSKIN & HARCOURT LLP OSLER, HOSKIN & HARCOURT LLP P.O. Box 50 340 Albert Street, Suite 1900 1 First Canadian Place Ottawa, Ontario KIR 7Y6 Toronto, Ontario M5X IB8 Mahmud Jamal Patricia J. Wilson Glen Bloom Marcus Klee Tel: (613) 787-1009 Jason MacLean Fax: (613) 235-2867 Tel: (416) 862-6764 Fax: (416) 862-6666 Counsel for Re:Sound Ottawa Agent for Re:Sound TO: THE REGISTRAR OF THE SUPREME COURT OF CANADA AND TO: HAYES ELAW LLP FASKEN MARTINEAU DUMOULIN LLP Yonge Eglinton Centre Suite 1300 2300 Yonge Street 55 Metcalfe Street Box 2397, Suite 2102 Ottawa, Ontario KIP 6L5 Toronto, Ontario M4P lE4 Mark Hayes Gerald Kerr-Wilson Tel: (416) 966-3529 Tel.: (613) 236-3882 Fax: (416) 966-3529 Fax: (613) 230-6423 Counsel for the Respondent, Ottawa Agent for the Respondent, Canadian Association of Canadian Association ofBroadcasters Broadcasters AND TO: MCMILLAN LLP MCMILLAN LLP Brookfield Place 50 O'Connor Street, Suite 300 181 Bay Street, Suite 4400 Ottawa, Ontario KIP 6L2 Toronto, Ontario M5J 2T3 David W. Kent Marie-France Major Tel: (416)
    [Show full text]
  • Industrial and Intellectual Properties Chapter Doing Business in Canada Industrial and Intellectual Property
    Industrial and Intellectual Properties Chapter Doing Business in Canada Industrial and Intellectual Property I Industrial and Intellectual Property Copyright The Copyright Act (Canada) grants an exclusive right to the copyright owner of any original literary (e.g., novels, magazines and computer programs), dramatic (e.g., films, videos, scripts and plays), musical (e.g., music, lyrics and instrumental compositions) or artistic work (e.g., paintings, photographs, sculptures and architectural works) to control copying and other commercial exploitation of that work. In addition, makers have copyright in their sound recordings, performers have copyright in their performances and broadcasters have copyright in their communication signals (rights which are often referred to as “neighbouring” as they are in the copyright neighbourhood). The copyright owner of a work has the exclusive right to publish, produce, reproduce, translate, broadcast, adapt and distribute the work, perform it in public, communicate it to the public by telecommunication, make it available online and authorize others to do these acts. Generally, copyright in Canada exists for the life of the author plus 50 years following the end of the year of his or her death, after which time the work falls into the public domain. On November 30, 2018, Canada signed the USMCA which, if implemented, would extend the basic term of copyright in Canada to “...not less than the life of the author and 70 years from the author’s death”. Other terms apply to particular works, such as photographs, sound recordings, home videos, posthumous works and jointly authored works. Copyright arises automatically in Canada in any original literary, dramatic, musical or artistic work, including a compilation and sound recording, provided that the creator or author of the work is at the time of its creation a citizen, subject or person ordinarily resident in Canada or a treaty country and the work is first published (made available to the public) in Canada or a treaty country.
    [Show full text]