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Replies: 47 / Views: 7,634 |
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Pillar of the Community
Canada
2019 Posts |
Quote: Queen would be to pleased to have her image opposite a flaming marijuana leaf. Hmmmm you never know, she just might like a puff or two. 
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Pillar of the Community
Canada
2845 Posts |
Quote:
It's the owners of copyrights and patents....
RCM does not file copyright or patent on NCLT because Cdn coinage is protected under the Criminal Code - counterfeiting is illegal. Aside from that, violators who steal copyright or patents do not face criminal charges, the holder simply seeks monetary compensation for lost revenue. Headlines that RCM was seeking damages for lost sales from a marijuana leaf coin would almost be as newsworthy as the thief who laid golden eggs. LOL!
Edited by wildflowerAB 09/21/2016 11:21 am
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Pillar of the Community
Canada
5324 Posts |
The RCM for sure has the copyrights to use her majesty image and along with the criminal code gives them more power to ask for enforcements, yet they choose to silent on this issue. When the penny was discontinued I approached a private mint in the GTA to produce an exact replica 2.013 kilo copper penny as a novelty item to sell, was told couldn't produce due to copyright image of the Queen and various other questionable problems.
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Pillar of the Community
Canada
2845 Posts |
Quote:The RCM for sure has the copyrights to use her majesty image and along with the criminal code gives them more power to ask for enforcements. Much like the recent theft from RCM when they didn't know that gold was missing, the RCMP enforces the Cdn Criminal Code because it's considered an act that violates The Goverment of Canada, RCM is a government crown corp. Had it been up to RCM to report the occurrence, the guy wouldn't have gotten charged. RCM does not file copyright on the image of the queen and every coin that's every been issued in order to make counterfeiting illegal. Patent, copyright and trade laws are written by the Cdn government in order to resolve disputes amongst the masses. It would be a sad thing to see if a major counterfeiting operation were only taken to civil court for X amount of dollars in lost revenue to RCM.
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Pillar of the Community
Canada
3690 Posts |
Quote: It's the owners of copyrights and patents I highly doubt there is anything patentable in the production of SML bullion coins unless it's possibly something in the process for creating the security features. There almost certainly are applicable copyrights and trademarks. However, even if there are patents and trademarks, how is the German mint infringing on those rights under intellectual property law? If someone buys a bunch of Ford Mustangs, installs racing suspensions, tweaks the engine management computer, and gives them a special paint job, can they not sell the cars for whatever they like? Do they have to stop calling them Ford Mustangs? Obviously, there are many companies and individuals who do exactly that; sometimes they even number them. They are not infringing on the hundreds of patents and trademarks held by Ford. So what's the difference with bullion coins being enhanced? Is it the Currency Act and the Criminal Code? Per the Mint's website "Is it illegal to melt or deface Canadian coins? The Currency Act and The Canadian Criminal Code clearly state that no person shall melt down, break up or use otherwise than as currency any coin that is legal tender in Canada.". So has the German mint done any of those? They didn't melt the coins, they didn't break them up, possibly they used them for something other than currency. But in the case of bullion coins, they are virtually always used as something other than currency.  If enhancing bullion coins falls through IP law, and the currency act and the criminal code, what exactly can the RCM enforce? It's a very complex issue and it's far from clear whether or not the Mint could legally do anything, even it they wanted to. JMO (not a lawyer). PS I also think this all applies to enhancing NCLT coins. As long as someone is not making counterfeit coins, exactly what law (s) are they breaking? The Bank of Canada have clearly stated that drawing on a banknote is not illegal. So what's the difference with coins?
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Pillar of the Community
Canada
5324 Posts |
Mentioning Mustangs, Roush racing has many kits and engine packages to upgrade normal units, one would guess they have some royalty agreement with Ford, I doubt but maybe The German mint has an agreement, any time one enhances a product and profits from it usually draws the attention of the originating producer. One can assume due to selling price of these coins, the enhancer made more than the RCM on a per coin bases, my only problem is by the RCM not acting it's misleading to some new collectors
Edited by john100 09/21/2016 1:08 pm
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Pillar of the Community
Canada
3690 Posts |
I understand the concern for the hobby, new collectors, PMD etc but those are not legal positions as seems to always come up when these enhanced maples surface - paraphrasing: "why is the Mint not doing something to protect their patents and copyrights". I'm submitting that there is nothing legally the Mint can do. If there is, under what law? It's not IP law, it's not currency act and it's not criminal code IMO. Bit of an aside on the cars but there is a very well known tuner called Hennessey Performance that does upgrades for half a dozen different makes. They have no known royalty agreements or affiliations with the manufacturers yet, they sell these on their website: "2016 Ford Mustang - Shelby GT350 & GT350R Limited Edition - Only 50 Units Will Be Built for the 2016 Model Year". They include "Serial-Numbered Dash & Engine Plaques". I see no difference and Hennessey might make more money off their enhanced model than Ford does producing the stock cars. I also don't see how that is relevant. Yes Roush and Shelby sell models through the Ford dealer network and they clearly have agreements. Hennessey and others, don't. Just a final note on the subject at hand since I think I've covered my opinion. If there is no legal position, does the Mint have a moral, ethical or any other obligation to act in some way to deter these enhancements to protect the hobby? And does the hobby extend to bullion coins? Personally, I don't think that protecting the coin collecting hobby is part of the mandate given to the RCM by the Royal Canadian Mint Act and the Ministry of Finance nor do I think the Mint gives a hoot about coin collecting outside of pushing sales of their latest coins. Anyway, good discussion which for me at least, is more interesting than the latest burning whatever maple.
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Pillar of the Community
Canada
2019 Posts |
Quote: They have no known royalty agreements or affiliations with the manufacturers yet, they sell these on their website: "2016 Ford Mustang - Shelby GT350 & GT350R Limited Edition - Only 50 Units Will Be Built for the 2016 Model Year". They include "Serial-Numbered Dash & Engine Plaques" I am thinking of "enhancing" 50 Paderno pots with some type of hand engraving, I will put 1/50 to 50/50 on each one. Only 50 of these "Enhanced" hand engraved Paderno pots will be available so don't wait, get yours today! Its an endless cash cow for people with even a small amount of imagination. I like it 
Edited by Northerncoins 09/21/2016 4:42 pm
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Valued Member
Canada
330 Posts |
There was a delay from the mint doing these coins. They're released now but I received an email yesterday saying they're stuck in customs.
Hope to have it soon.
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Pillar of the Community
Canada
1571 Posts |
I can't imagine why anyone would buy these coins for anything over buillion value. But to each, his own.
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Valued Member
 Canada
194 Posts |
Quote: I can't imagine why anyone would buy these coins for anything over buillion value. But to each, his own. People have too much money, that's why they pay $900+ for the renewed Voyageur or $28 000+ for a 67 Mustang. 
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Pillar of the Community
Canada
1571 Posts |
I almost bought a '67 mustang a few years ago. Was in great shape and the guy was asking $13,500. Only issue was my wife. She let me get a motorcycle instead as it was less than half the price.
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Pillar of the Community
Canada
5324 Posts |
I understand the last two examples, because they are relatively hard to find.
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Valued Member
 Canada
194 Posts |
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Pillar of the Community
Canada
1571 Posts |
John100,
And wicked cool. Edited by Staff | The bad word filter is in place for a reason. Bypassing the filter and making the intended word obvious anyway is completely unacceptable. ***[/red]
Edited by Redzapsid 10/30/2016 12:26 pm
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Replies: 47 / Views: 7,634 |