Federal Security Interests Research Study and Report 2000

APPENDIX D

Summary of legislative and regulatory provisions relating to intellectual property

Copyright Act, R.S.C. 1985, c. C-42, s. 57.

Section 57 permits the registration of an assignment of copyright, or a licence granting an interest in a copyright.; Any such assignment or grant of interest must be registered in accordance with the Act in order to be opposable against a subsequent assignee for value and without notice.

Patent Act, R.S.C. 1985, c. P-4, ss. 49-51.

Sections 49 and 50 provide for the assignment of patentable inventions, patent applications and patents as long as they are expressed by an instrument in writing.; Registering assigments of patents is important, as section 51 states that assignments not registered in accordance with the Act are void against subsequent assignees who have obtained the patent without notice and who subsequently register their assignment.

Trade Marks Act, R.S.C. 1985, c. T-13, s. 26.

Section 26(2)(c) allows notice of a security agreement to be recorded in the trade-mark register, but does not purport to give any kind of priority to those giving such notice.

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