Industry committee  Clause 6 stays, but the relevant provision for this is really clause 4 on ambush marketing. The provisions will stay and in fact the schedule will stay. All we're doing is emptying the schedule.

Industry committee  Your concern seems to be related to having an independent judge hear the matter, and that is exactly what's going to happen, because these applications are going to be brought to the Federal Court or to the superior court of a province, and the judges are appointed to be independent decision-makers in that regard and have particular expertise, as determined by the courts.

Industry committee  In terms of Federal Court proceedings, Federal Court Trial Division decisions, if the Federal Court is granting the injunction, it is an executory decision. It is a final order, so if a party appeals and wishes not to have that Federal Court Trial Division decision apply, they need to get a stay of that decision.

Industry committee  I fail to see any substantive difference actually between what IPIC is proposing and what the government has already done. What they're proposing is to deem a contravention of section 4 to be evidence of irreparable harm. The court still has to look at the other two parts of the test.

Industry committee  The first point that was raised, Mr. Chair, is with respect to inconsistency with other laws. This is not inconsistent with other laws. There is a three-pronged test in the common law dealing with what is required to be granted an injunction. The government's position is that a specific change is required in this circumstance to do away with the requirement of irreparable harm.

Industry committee  It's worth noting that it's not simply the inukshuk that is being protected here, but that the elements of Vancouver 2010 and the Olympic rings are included. That is the mark. It's not the inukshuk alone.

Industry committee  Copyright is specifically named in the Constitution, so any provision dealing with copyright is constitutionally within the jurisdiction of the federal government.

Industry committee  Trademark is not specifically listed in the Constitution, but falls within the head of power under trade and commerce and power.

Industry committee  Well, it stays there and can be reactivated, but as it stands now, by regulation, the ambush marketing ends December 31, 2010, and so will schedule 3.