Advertising and signage of intellectual property rights: a framework to improve

This article looks at some of the issues raised by the means available to let third parties know of intellectual property rights (IPRs). Canada and the United States keep voluntary public registers for trademarks and copyrights, and mandatory public registers for patents and industrial designs. However, the marking practices (c, r, etc.) used in those countries are only partially regulated. In France, by way of comparison, there are no public registers for copyrights, but the registration of patents, designs and trademarks is required. Marking practices, although present, do not seem to carry any legal effect. At the same time, intellectual property law is complex and renowned for its burdensome litigation. The author argues that the prevention of disputes and the erga omnes nature of IPRs would be better served by a more rigorous framework to publicize the rights concerned.