doing business in canada - Davies Ward Phillips & Vineberg LLP

• adequate and effective remedies against persons who tamper with electronic rights managementinformation (e.g., information which identifies the work, the author of the work, the owner of any rightin the work, etc.) without authority or who copy works knowing that electronic rights managementinformation has been removed or altered without authority.DOMAIN NAMESThe Canadian Internet Registration Authority ("CIRA") is responsible for the ".ca" system, which is governed byCanadian law. The ".com" domain name system, which designates commercial activities, is governed andmanaged by the United States under American law.In order to be eligible to register a ".ca" domain name, "Persons", including both private individuals andcompanies, need first to meet certain Canadian presence requirements. These include holding Canadiancitizenship or permanent resident status in the case of individuals, and being incorporated under the laws ofCanada or any of Canada's provinces or territories, in the case of companies. This is done to ensure that the".ca" domain names remain a public resource for Canadians' social and economic development. A Person whichdoes not meet these Canadian presence requirements, but which nonetheless owns a registered trade-markunder Canada's Trade-marks Act, may also register for a ".ca" domain name providing that the domain nameconsists of or includes the exact word component of that registered trade-mark.Registration is on a "first-come first-served" system which no longer requires evidence of entitlement to aproposed domain name. However, entitlement to a domain name can be contested by a third party based on theexistence of prior rights. Canadian companies and Canadian individuals are free to register as many domainnames as they wish.In order to register a domain name, the applicant must conduct a search to ensure that the chosen domainname is available and that it has the right to use the domain name, that the registration or use of the domainname does not violate any third party's intellectual property rights or other rights, does not defame any personand does not contravene any applicable laws. CIRA maintains a "WHOIS" look-up system permitting applicants toquery the ".ca" database to determine if a specific domain name is available. Furthermore, all domain nameregistration must be filed through a CIRA-certified registrar, who acts on behalf of the applicant.Registration of a ".ca" domain name does not give the registrant any additional rights, other than, possibly,common law trade-mark rights that may exist or be created through commercial use of the domain name,beyond the mere right to use the name as a domain name.CIRA has a dispute resolution policy that regulates domain name conflicts and has the power to transfer orcancel domain names.INDUSTRIAL DESIGNThe federal Industrial Design Act provides an exclusive right to exploit original design features. "Industrialdesign" generally refers to the aesthetic properties of an article, such as a pattern, shape and configuration, asopposed to its function.In order to be registrable, the design must be applied to a useful article, have a fixed appearance and be visibleat the time of purchase or during normal use.Both Canadian and non-Canadian owners of designs can register them with CIPO.Industrial and Intellectual Property 51