Question 1

Is a collaboration agreement the same as a partnership in Canada?

Accepted Answer

No. A collaboration agreement is distinct from a partnership under provincial Partnership Acts. A partnership creates mutual agency and shared liability, while a collaboration preserves each party's independence. It is critical to explicitly state in the agreement that no partnership is formed.

Question 2

Who owns IP created during a collaboration in Canada?

Accepted Answer

Under Section 13 of the Canadian Copyright Act, joint works are co-owned as tenants in common in equal shares unless otherwise agreed. Each co-owner can use the work but must account to the other for profits. A collaboration agreement should clearly define IP ownership terms.

Question 3

Can competitors collaborate legally in Canada?

Accepted Answer

Yes, but competitor collaborations are subject to review under Section 90.1 of the Competition Act. The Competition Bureau's Competitor Collaboration Guidelines outline when such arrangements may raise concerns, particularly if they prevent or lessen competition substantially.

Question 4

What are moral rights in a Canadian collaboration?

Accepted Answer

Under Sections 14.1 and 14.2 of the Canadian Copyright Act, creators have moral rights including the right of attribution and the right of integrity. Moral rights cannot be assigned but can be waived in writing. A collaboration agreement should address whether creators agree to waive their moral rights.

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