The implementation of new provisions concerning recordal of copyright in logos is proving tricky.
We’ve written before about how the current Copyright Law deals with recordal of copyright in logos (see our post here). In summary, copyright in logos is recognised, but it is no longer possible to record copyright in logos with the Copyright Office (whereas it was under the last Copyright Law). The current Copyright Law was:
- passed by the House of Representatives in September 2014;
- became law on 16 October 2014; and
- began to be implemented at the Copyright Office - insofar as it relates to recordal of copyright in logos - in June 2015.
In implementing the provisions of the Copyright Law that relate to recordal of copyright in logos, the Copyright Office has been:
- accepting applications filed before 16 October 2014;
- accepting applications filed after 16 October 2014 that were examined before June 2015; and
- rejecting applications filed after 16 October 2014 that were examined during or after June 2015.
However, we have also come across cases inconsistent with the above - an application filed in September 2014 that was rejected, for example.
For applications filed on or after 16 October 2014, and examined in June 2015 or thereafter, examiners have been directed to cross-check with the General Register of Trademarks to see if an equivalent trademark registration exists. If it does, Copyright Office Examiners have been directed to reject the application for recordal of copyright in the logo.
Determination of whether an artistic work is a logo appears to be left to the subjective discretion of Examiners. Further, it remains unclear what the Copyright Office will do if an equivalent trademark application is identified - it may be that the copyright application is kept pending until it is clear that the applied trademark has been registered. This may cause significant delays. Copyright applications have (under the previous law) been taking 3 to 6 months to registration. Trademark applications have been taking 24 - 30 months (assuming no objections).
There do not appear to be any written guidelines or directions to examiners on implementation of the provisions of the Copyright Law as it relates to recordal of copyright in logos.