Estate Disputes Involving Intellectual Property Rights in Quebec
In Quebec, estate disputes involving intellectual property (IP) rights are becoming increasingly common as more individuals hold valuable copyrights, trademarks, patents, and moral rights at the time of their death. These assets can represent significant value, especially in fields like art, literature, software, and entertainment. As IP is an intangible asset, its existence, value, and the rights attached to it can be difficult for heirs and estate liquidators to understand and manage.
One major issue in these disputes is determining who owns the IP rights at the time of death. In many cases, creators retain ownership of their work unless they have explicitly assigned the rights during their lifetime. However, if the IP was created in the course of employment or under contract, questions may arise about whether it is part of the estate or belongs to a third party. This legal grey area often leads to litigation among heirs, business partners, and companies.
Another complexity involves the division and management of these rights among multiple heirs. For instance, if an artist dies leaving their copyright to several children, decisions about licensing, royalties, and enforcement must often be made collectively. Disagreements may arise when one heir wants to monetize the work while another prefers to preserve the artist’s legacy. In Quebec’s civil law system, undivided co-ownership of assets like these can be particularly challenging to navigate.
Author’s rights present an additional layer of difficulty. In Quebec and the rest of Canada, author’s rights—such as the right to be credited as the creator and to object to distortion of a work—are personal and cannot be transferred, although they can be waived. The enforcement of these rights after death can lead to disputes if heirs disagree about how the deceased’s artistic vision should be protected or commercialized.
To avoid such disputes, individuals who hold IP rights should consider clearly addressing them in their wills and estate plans. This includes specifying who should receive the rights, how they should be managed, and whether any moral rights should be waived. Legal professionals in Quebec can provide guidance to ensure compliance with both the Civil Code and federal IP laws, minimizing potential for conflict among successors.
Allen Madelin Avocats offer consultations both in person and via videoconference. The first consultation is offered for $125. For more information, please contact us by telephone: 1 514 904 4017 or by e-mail: [email protected].
