Burgar Rowe Professional Corporation:
Intellectual Property

The law of intellectual property covers a wide range of areas. At Burgar Rowe Professional Corporation we practice in the area of Trade Marks and Copyright. All intellectual property areas are common to the extent that they deal in property rights relating to intangible things - for example, ideas and forms of expression, as opposed to land, buildings, automobiles and other tangible assets. It is an area of law which is dramatically growing.
A Trade Mark is a word or words, picture, or logo, or perhaps a combination of the foregoing, sometimes involving colour, which distinguishes the source of wares or services in the general marketplace. A person using a Trade Mark will gain certain protection at law whether or not the Mark has been registered as the law has come to recognize that wares or services so marked develop a credibility, or goodwill in the marketplace relating to the person producing such goods or providing such services. It is seen as unfair for a competitor to misrepresent his goods or services by using another's mark.

Until a Trade Mark is registered however, a person claiming protection must prove that his wares or services have established a reputation. Registration enhances owners legal positions in a number of ways, but primarily by gaining state recognition and protection of the mark.

Trade Mark protection is sought by an increasing number of businesses to protect their wares and services. It is particularly important in the franchise market where part of what a franchise owner is offering is recognized names, logos or otherwise relating to a specific business.

Copyright is a statutory right which accrues to a person who creates any literary, dramatic or musical or artistic work. A copyright arises by creation, no publicity or other legal formalities are required. The creation must be original.

Copyright protection gives the owner an exclusive right of reproducing the work protected by the copyright. It does not grant an exclusive privilege however to the owner in relation to the ideas or information set out in the work protected by copyright, merely the right of reproduction.

As with Trade Marks, copyright is governed in Canada by Federal Law. There are some restrictions on granting copyright based on Citizenship and the location where the work was created.