Welcome to Scribd, the world's digital library. Read, publish, and share books and documents. See more
Download
Standard view
Full view
of .
Save to My Library
Look up keyword or section
Like this
3Activity
P. 1
Sookman Bloom 2012 Copyright paper. 2012

Sookman Bloom 2012 Copyright paper. 2012

Ratings: (0)|Views: 250 |Likes:
Published by barry sookman
Sookman Bloom 2012 Copyright paper. 2012
Sookman Bloom 2012 Copyright paper. 2012

More info:

Categories:Business/Law
Published by: barry sookman on Jan 11, 2013
Copyright:Attribution Non-commercial

Availability:

Read on Scribd mobile: iPhone, iPad and Android.
download as PDF, TXT or read online from Scribd
See more
See less

07/01/2013

pdf

text

original

 
 
COPYRIGHT AND INDUSTRIAL DESIGN DEVELOPMENTS
 – 
2012
Presented by
Glen Bloom Barry Sookman
Osler, Hoskin & Harcourt LLP
 
McCarthy Tétrault LLP
 Barristers & Solicitors Barristers & SolicitorsPatent & Trade-mark Agents Patent & Trade-mark AgentsOttawa, Ontario Toronto, Ontario
INTELLECTUAL PROPERTY
 – 
THE YEAR IN REVIEWLAW SOCIETY OF UPPER CANADAToronto: January 10, 2013Ottawa, January 11, 2013
© 2013 Glen Bloom and Barry Sookman
 
 
 1.
 
- 2 -
COPYRIGHT AND INDUSTRIAL DESIGN DEVELOPMENTS
 – 
2012Glen Bloom,
1
Barry Sookman,
2
Barry Fong,
3
Faylene Lunn,
4
 Martin Brandsma,
5
and Keith Rose
6
 Presented by Glen Bloom and Barry Sookman1.
 
INTRODUCTION
2012 was a banner year for copyright in Canada. On July 12, 2012 the Supreme Court of Canadaissued its decisions in the pentalogy of copyrights cases heard in December 2011. In addition,after a number of attempts over a number of years Parliament passed copyright reformlegislation. On November 7, 2012 the
Copyright Modernization Act 
S.C. 2012, c. 20 wasproclaimed into force bringing much needed amendments to the
Copyright Act 
and paving theway for Canada to ratify the 1996
WIPO Copyright Treaty
and
WIPO Performances and Phonograms Treaty.
Only a few provisions of the
Copyright Modernization Act 
still remain tocome into force.The combination of the decisions of the Supreme Court of Canada and the
Copyright  Modernization Act 
has fundamentally changed copyright law in Canada. The full effect of thosechanges will not be fully understood until the courts and the Copyright Board have anopportunity to opine on the impact of the decisions and the amending legislation.This paper is divided into four parts. The first part will briefly comment on the mainamendments effected by the
Copyright Modernization Act.
A full analysis of the amendinglegislation is well beyond the scope of this paper. The second and third parts will discussrespectively the copyright and industrial design jurisprudence in Canada in 2012. The fourthpart will review some of the significant copyright decisions of the courts in foreign jurisdictions.These decisions inform our understanding of the issues that may have to be addressed in Canadaover the coming years and provide guidance for how the courts in Canada and the CopyrightBoard may rule on these issues.
2.
 
THE COPYRIGHT MODERNIZATION ACT
The
Copyright Modernization Act 
amended the
Copyright Act 
in many significant respects. Thispaper can only mention the highlights of the amendments.New exceptions to infringement have been added to the
 Act 
and existing exceptions have beenextended. The new exceptions include an exception for user generated content (section 29.21),
1
Glen Bloom is a partner of Osler, Hoskin & Harcourt LLP, and practises in the Ottawa office.
2
Barry Sookman is a partner of McCarthy Tétrault LLP, and practises in the Toronto office.
3
Barry Fong is an associate in the Ottawa office of Osler, Hoskin & Harcourt LLP.
4
Faylene Lunn is an associate in the Ottawa office of Osler, Hoskin & Harcourt LLP.
5
Martin Brandsma is an articling student in the Ottawa office of Osler, Hoskin & Harcourt LLP.
6
Keith Rose is an articling student in the Toronto office of McCarthy Tétrault LLP.

You're Reading a Free Preview

Download
/*********** DO NOT ALTER ANYTHING BELOW THIS LINE ! ************/ var s_code=s.t();if(s_code)document.write(s_code)//-->