Priority
2 definitions found for this term.
Definitions are presented in the order source books were published (most recent first).
(1) The right to acquire an intellectual property right where competing applications are filed. In trade-mark law, the earlier of the first to use or file usually has priority; in patent law, the first to file for a claimed invention usually has priority. Both may be bumped by a later Canadian filing based on a timely foreign application with an earlier filing date.
(2) The better title to a proprietary interest when a right has been assigned or licensed more than once. So if A assigns the same right to B and then later to C, C will have priority if its title is better than B's. This means that C owns the right and that B can claim against A only for breach of contract. Priorities for intellectual property are not standardized. Provincial law, sometimes overlaid by federal law (e.g., for patents, copyrights, and PBRs), usually governs. Typically, who registers a right first, and whether C is a good-faith buyer without knowledge of B's interest, are important factors.
In copyright, the better title to a proprietary interest when a right has been assigned or licensed more than once. So if A purports to assign the same copyright to B and then later to C, C will have priority if its title is better than B's. This means C owns the copyright and B can claim against A only for breach of contract. Registration of the copyright by B or C may affect this result.