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Copyrights & Trade-marks

Copyrights and trade-marks cannot be seized pursuant to a Writ of Execution.

In
Wira v. Jubilee Enterprises Ltd., the plaintiffs obtained a judgment against the defendant. As a result of the writ, the Sheriff seized trade-marks and copyrights for a board game owned by the defendant. The issue before the Court of Queen’s Bench was whether trade-marks and copyrights were exigible under a writ of execution. In a September 7, 2010, decision, Mr. Justice Zarzeczny held copyrights and trade-marks are not exigible property subject to execution under The Executions Act in Saskatchewan.