Industry committee  Yes, that's correct. I'd like, Mr. Chair, to invite members to look at the schedule and item 18. This is the protected mark that consists of an inukshuk. This is the mark that is protected there. My understanding would be that first nations all across the country would use inuks

Industry committee  If any aboriginal business, for instance, were using this particular mark or any mark so nearly resembling it as to be mistaken for this one, and they were using it prior to March 2, they would be safe.

Industry committee  Yes.

Industry committee  In this particular case, because the volume is so low—we're talking about three sketches—even though they are meant to be sold to individuals for their own enjoyment.... I don't want to substitute my judgment for what a judge sees, for that matter, and not having the full facts,

Industry committee  Sure. The term “commercial scale” can vary, depending on the goods we're talking about. Here we're talking about artistic works. If we're talking about copies that are reproduced in a fairly significant number for the purposes of being distributed and sold in the marketplace, tha

Industry committee  In the government's view, what is reproduced on a commercial scale is better left for determination by the courts. The courts have all the facts to make the proper decision on this. It is difficult for the legislator to draw the line between what's reproduced on a commercial scal

Industry committee  Industry Canada, Legal Services.

Industry committee  Yes, I believe so.

Industry committee  We're assuming that the T-shirts are infringing, bearing a mark contrary to schedule 1 or 2. Basically, in a case like that, VANOC or the COC or the CPC content by VANOC may apply to the court to get an interim order that will direct the Minister of Public Safety to stop the carg

Industry committee  Sure.

Industry committee  There is a border measure in place here. VANOC would have to provide enough evidence to get that court order. Obviously, they would have to know that the shipment is coming in to the port of Halifax and must be able to provide some level of detail to the Canadian Border Services

Industry committee  Yes, simply because of the factual situation.

Industry committee  It's that they have more evidence with the corner store.

Industry committee  Would a publisher use terms that are protected as trade-marks in order to make his publication stand out among other publications on the market and thus promote his company? That is an issue for the courts. Unfortunately, I cannot give a clear answer to your question. We must ke

Industry committee  Your example is very hypothetical. As you might know, trade-mark issues are very much based on facts. Therefore, it is difficult to answer, even if the case is stated in a fairly specific way, because we do not have all the facts. Let us keep in mind that the bill deals with a co