Maria Canton
Northern News Services
Iqaluit (Oct 16/00) - Nunavut Tunngavik Inc. and the Inuit Tapirisat of Canada have moved to block Sirius Diamonds attempt to get control of Nunavut's cultural icon, the inukshuk.
"This is a cultural symbol that should be available to all people and not protected by private companies," said Laurie Pelly, director of legal services for NTI.
Sirius Diamonds cuts and polishes rough stones from Canada's first diamond mine, BHP-Dia Met Minerals' Ekati Mine in the NWT, at a plant in Yellowknife.
The company also faces a fight from the Government of the Northwest Territories over its attempt to gain exclusive right to laser-etch a polar bear on its diamonds.
The GNWT is threatening legal action if Sirius challenges the use of the bear on diamonds mined in the North by other companies.
At present, seven applications for rights to inukshuk designs are posted in the Canadian Intellectual Property Office trademark database.
In the Sirius application, which was approved by the Canadian Intellectual Property Office of Industry Canada in March 2000, they ask for the right to put the inukshuk on anything from loose and set diamonds, diamond packaging, magnifying loops, tweezers, brochures, pamphlets, posters, books and calendars.
Once the application is examined and approved, it is published in a Canadian trademark journal - unless an opposition is filed.
"Sirius can't register the inukshuk because they have to go through the opposition process," said Lisa Power, assistant director of trademarks with Industry Canada.
"The initial opposition was filed on June 12, 2000 and now both sides will be heard before the opposition board and then a decision will be made."
The Industry Canada opposition board's ruling can be appealed by NTI or ITC through the Federal Court of Canada.