Priority

2 definitions found for this term.
Definitions are presented in the order source books were published (most recent first).

Source:

(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.

Source:

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.

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