Marginal note:Invalidity of registration
20 The registration of a topography is invalid if
(a) the topography was not registrable under this Act at the time of the registration; or
(b) the application for registration of the topography was incorrect in a material particular or omitted any material information, unless the incorrectness or omission occurred by mistake.
Marginal note:Registration of other particulars
21 (1) The Registrar shall enter in the register particulars of any transfer of an interest or grant of a licence affecting a registered topography on being furnished with evidence of the transfer or grant that is satisfactory to the Registrar.
Marginal note:Changes in information
(2) The Registrar may amend any entry in the register, or make new entries, for any of the following purposes:
Marginal note:Public inspection
22 Subject to the regulations, the register, applications for registration of topographies and material filed with the Registrar in relation to any registered topography shall be made available for public inspection during regular business hours.
Jurisdiction of Federal Court
Marginal note:Concurrent jurisdiction
23 The Federal Court has concurrent jurisdiction to hear and determine
(a) any action for the infringement of the exclusive right in a registered topography; and
(b) any question relating to the ownership of a topography or any right in a topography.
Marginal note:Exclusive jurisdiction
24 (1) The Federal Court has exclusive original jurisdiction, on application of any interested person, to order that the registration of a topography or any other entry in the register be expunged or amended on the ground that the registration is invalid or that, at the date of the application, the entry as it appears does not accurately express or define the existing rights of any person appearing on the register as the owner of the topography.
(2) An application under subsection (1) may be made by the filing of an originating notice of motion, by counter-claim in an action for infringement or by statement of claim in an action claiming additional relief under this Act.
Definition of interested person
(3) In subsection (1), interested person includes the Registrar, the Attorney General of Canada and persons who are affected or who reasonably apprehend that they may be affected by any entry in the register.
Marginal note:Appointment of Registrar
(2) The Registrar shall perform the duties assigned to the Registrar by this Act and such duties as may be assigned to the Registrar by the regulations or by the Minister.
Marginal note:Acting Registrar
(3) Where the Registrar is absent or unable to act or the office of Registrar is vacant, the Minister may designate any other person employed in the Department of Industry to perform the duties and exercise the powers of the Registrar for the time being.
- 1990, c. 37, s. 25
- 1992, c. 1, s. 145(F)
- 1995, c. 1, s. 63
Marginal note:Relationship to other law
26 Except as provided in this Act, nothing in this Act shall affect any right granted by or under any other law.
27 The Governor in Council may make regulations
(a) governing the form of the register, including any indexes thereto, and the entries to be made therein;
(b) governing the filing of copies of documents in the register;
(c) governing public inspection of the register, of applications for registration of topographies and of material filed with the Registrar in relation to any registered topography;
(d) governing, restricting or prohibiting the making or providing of copies of applications for registration of topographies and of material filed with the Registrar in relation to any registered topography;
(e) assigning duties to the Registrar;
(f) prescribing fees, or the manner of determining the fees, to be paid for any act or service rendered by the Registrar;
(g) prescribing any other matter or thing that by this Act is to be or may be prescribed; and
(h) generally for carrying out the purposes and provisions of this Act.
Marginal note:Review of Act
Marginal note:Report to Parliament
(2) The Minister shall, within one year after undertaking the review referred to in subsection (1), submit a report on the review to each House of Parliament.
29 to 34 [Amendments]
Coming into Force
Marginal note:Coming into force
Return to footnote *[Note: Act in force May 1, 1993, see SI/93-68.]
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