In contrast, the Schlumberger Canada Ltd vs. Canada (Commissioner of Patents) battle was an instance where a software invention failed to qualify for a patent. In the interim, there are a number of steps applicants may wish to take to best position their patent applications. Contact information for this web page. However, when you register your copyright, you get a certificate of registration that you can use in court as evidence that you own the protected work. This copyright protection not only exists in Canada but extends to other countries. It appears that the commissioner of patents in Canada continues to create barriers in obtaining patent protection for certain software-related patents. Trade secrets. An Ineligible Software. Using the copyright e-filing application to register your copyright. Fees This is a tricky field where case law is still developing, so if you think you have patentable software invention, you should talk to a … There are (as always) some exceptions to automatic copyright protection. For comments or questions regarding this content, please contact CHIN directly.To find other online resources for museum professionals, visit the CHIN homepage or the Museology and conservation topic page on Canada.ca. Poems, paintings, plays, stories, songs, software—all are creative works worth protecting. Broadly speaking, novel and non-obvious software technologies may be patented, while a software application as a whole is subject to copyright. For example, if you create a work “in the course of your employment”, the copyright will belong to your employer unless there is an agreement to the contrary. In 1992, Computer Associates International, Inc. v. Altai, Inc. dealt with parts of software that copyright law protects. Toll-free from anywhere in Canada and the United States: 1-866-997-1936; International calls only: 1-819-934-0544; TTY (cannot receive voice calls on this line): 1-866-442-2476; If you have a question concerning copyright tariffs and tariff proceedings: The general term of copyright protection in Canada is life of the author plus 50 years. They used the three-part "Abstraction-Filtration-Comparison" test, and recommended it as a future way to answer questions about whether one software has violated the copyright on other software. A trade secret is a form of IP that derives its value from secrecy – it loses its value when revealed, independently created, or reverse-engineered. Background. Requesting a certificate of correction for your copyright Correcting errors with your copyright application or registration. If you publish computer software, the single most important legal protection available to you is the federal copyright law. The Federal Court of Canada's recent decision in Harmony Consulting Ltd. v. G.A. In early 2000, Foss Transport wanted to update and modernize its dispatching and invoicing programs. Generally, your original work is automatically protected by copyright when you create it. Who owns the copyright of software matters because of what copyright allows you to do with the code: Reproduce it; Give it away or sell copies; Post the code somewhere (like on a website) Make what the law calls "derivative works" A license allows another party, like a business, to use the software you developed. This resource was published by the Canadian Heritage Information Network (CHIN). Foss Transport Ltd. 2011 FC 340 has provided valuable guidance on the acquisition and enforcement of copyright and contractual rights related to software. You publish computer software, the single most important legal protection available to is... 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