Hi everyone,
We’d like to share with you our talk for our assignment on IP Law. We discuss the IP cases of the street artist, Banksy, and the implication on copyright and trademark law relating to the anonymous creators in the EU and the Canadian context.
In the latter part of our discussion, we try to brainstorm through a hypothetical situation where we discuss different options for the possible protection of Banksy’s works in Canada via trademarks and passing off.
You can access our talk here: https://youtu.be/c0CL6uXiu6I
We hope you will enjoy it!
Akash Ray & Veneta
Sources:
Concept of Pseudonymous and Anonymous works:
Publish under pseudonym | Copibec
How and Why to Use a Pseudonym: 4 Reasons Authors Use Pen Names – 2021 – MasterClass
15 authors who used pseudonyms (stylist.co.uk)
EU Legislation
Regulation (EU) 2017/1001 of the European Parliament and of the Council of 14 June 2017 on the European Union trade mark. https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32017R1001
Directive 2006/116/EC of the European Parliament and of the Council of 12 December 2006 on the term of protection of copyright and certain related rights (codified version). https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX%3A32006L0116
Background on Banksy and his EU IP Cases
EUIPO Declares Banksy’s ‘Flower Thrower’ Trademark was Filed in Bad Faith and is Invalid (dww.com)
Lessons Learned from the Cancellation of Banksy Trademarks (lawyer-monthly.com)
Arguing Bad faith in Trademark opposition proceedings in Canada:
Trademark Applications – New ‘bad faith’ ground of opposition – Sotos LLP
Good Faith in Canadian Trademark Applications – IP Osgoode
Canada’s New Trademark Regime: Bad Faith in Opposition Cases: Bereskin & Parr LLP (bereskinparr.com)
Trademarks and their use
Use it or Lose it… But What Constitutes Trademark ”Use” in Canada? | Knowledge | Fasken
Canadian Cases
Copyright & Social Media
Communications Law