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INTEGRATED CIRCUIT TOPOGRAPHIESTopographies are innovative, threedimensionalcircuit designs used in manydifferent products. The federal IntegratedCircuit Topography Act (“ICTA”) providesprotection against the copying of registeredtopographies, but does not prevent othersfrom developing integrated circuit productsthat use other topographies to provide thesame electronic functions. Topography willqualify as original and receive protectionunder the ICTA if it is developed through theapplication of intellectual effort, and if it isnot produced by the mere reproduction ofall, or a substantial part, of anothertopography. The registration of thetopography gives the creator an exclusiveright in the topography for a period of 10years. The ICTA does not protect preexistingtopographies that are commonplaceamong topography designers or integratedcircuit product manufacturers.INDUSTRIAL DESIGNSAn industrial design is a feature of anobject, whether a shape, configuration,pattern or ornament or any combination ofthose features, that, in the finished article,are assessed by appearance as opposed toutility and functionality. Industrial designsthat are original and not similar to existingdesigns may be registered under the federalIndustrial Design Act and receive amonopoly on the design for a period of 10years.new plant varieties. The PBRA gives plantbreeders the exclusive right to sell andproduce the protected variety in Canada, tosell the variety’s propagating material, touse the variety in commercially producinganother variety, to use the variety inproducing ornamental plants, and to licenseothers to do any of the above, for a periodof 18 years.LICENCES AND ASSIGNMENTSFrequently, the technology protected byintellectual property rights is licensed orassigned to others for use. An assignmentis a transfer of ownership rights from oneparty to another; whereas a license doesnot transfer any property interest or title tothe work to the licensee. A licence is acontract that allows someone to use thework on the terms and conditions set out inthe licence. A licence can be structured sothat it is non-exclusive allowing the licensorto grant as many licenses as it chooses todifferent parties. Limited time frames, usagerights, territorial restrictions and other termsand conditions can be placed on thelicence. With an assignment, the originalrights of the owner are generally lost.Federal registries such as the TrademarksRegistry and the Copyrights Registry shouldbe notified of transfers of ownership ofregistered intellectual property rights.Certain transfers must be documented inwriting in order to be valid.PLANT BREEDERS’ RIGHTSThe federal Plant Breeders’ Rights Act(“PBRA”) gives plant breeders in Canadacertain rights relating to the production ofIntellectual Property 82