ARTICLE
27 March 2013

New Form Of Intellectual Property In Registred Images

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Borden Ladner Gervais LLP

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BLG is a leading, national, full-service Canadian law firm focusing on business law, commercial litigation, and intellectual property solutions for our clients. BLG is one of the country’s largest law firms with more than 750 lawyers, intellectual property agents and other professionals in five cities across Canada.
The Bailiwick of Guernsey (a UK Crown dependency and one of the vestiges of William the Conqueror’s duchy of Normandy) has created a new kind of intellectual property right, the registered image.
Canada Intellectual Property

The Bailiwick of Guernsey (a UK Crown dependency and one of the vestiges of William the Conqueror's duchy of Normandy) has created a new kind of intellectual property right, the registered image. The personality and images of a 'personnage' – that is, one or more natural or legal persons or fictional characters – may be registered, giving the registrant the right to control the commercial use of both the personality and images of the personnage. Images for these purposes include the personnage's name, voice, signature, likeness, verbal or facial expressions, gestures and other distinctive characteristics, as well as conventional images. Rights in respect of a natural person may be registered if the person is living at the time of the registration or died no more than 100 years earlier. Registration gives the right to control the use of any image of the personnage, although it will be easier to enforce the use of specific registered images. The term of the right is 10 years, subject to renewal. 'Derogatory' use of a registered personnage is prohibited, but there are exceptions in the legislation for media reporting, parody and satire, artistic use and private or non-commercial use. Personality rights are capable of assignment, licensing and transmission on death. Registration is open to non-residents of the Bailiwick.

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