May 10, 1938 (18th Parliament, 3rd Session)

Mr. RINFRET:

My hon. friend has been very moderate and exceedingly courteous, as he always is. This matter was submitted to the Department of Justice, and the department, through its deputy minister, gave the opinion which I placed on Hansard when the bill was up for the second time before the house. It was a very short one, and I surmise that the matter did not even appear obscure or at all contentious to the Department of Justice. It stated that whether it was a trade mark or copyright there was not the least doubt in the mind of the department that we had jurisdiction in the matter. After all, Mr. Speaker, a shop card or a design of a labour union is very similar in character to other objects which are protected under several acts of the federal statute. If it is a work of art or literature it is protected by copyright; if it is an invention of the mind, it is protected by the Patent Act; if it is a design distinguishing particular wares or objects it is protected by the trade mark act.