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ARTICLE · 10 DECEMBER 2014

Federal Court Considers Whether Copyright Subsists In Five-Digit Codes And The Elements Of A Valid Certification Mark

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A recent decision of the Federal Court determined whether copyright subsisted in five-digit codes and considered the elements of a valid certification mark

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A recent decision of the Federal Court1 determined whether copyright subsisted in five-digit codes and considered the elements of a valid certification mark.

The Respondent Denturist Association of Canada ("DAC") owned copyright registrations relating to its Procedure Codes and Fee Guides which included five-digit numerical codes, a description of services to be associated with the numerical codes (the "Codes") and possible fees. The five-digit Codes identified the services denturists performed when submitting claims to insurance companies or third party payers. The Procedure Codes and Fee Guides were licensed to DAC's provincial associations (including the Respondent Denturist Association of Ontario ("DAO")), and those provincial associations were authorized to use and reproduce portions of the Procedure Codes and Fee Guides. DAC also owned a trade-mark registration for the certification mark "DD" for denturist services.

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