country to another, the country’s domestic law, and its adherence to international conventions on artistic rights and industrial property.118 In order to have “habitual residence” for the purposes of Article 14 a stateless person does not need to have permanent residence, but only residence of sufficiently long duration to be considered locally connected with the country. A stateless person may also have several such residences, although such instances would be rather rare given their specific status.119 The Handbook on Protection of Stateless Persons further summarizes: [T]he condition that a stateless person be “habitually resident” or “residing” indicates that the person resides in a State party on an on-going and stable basis. “Habitual residence” is to be understood as stable, factual residence. This covers those stateless persons who have been granted permanent residence, and also applies to individuals without a residence permit who are settled in a country, having been there for a number of years, who have an expectation of on-going residence there.120 However, “Article 14 nor the convention as a whole deals with the rights which a stateless person illegally in a Contracting State would enjoy under a provision requiring lawful stay or habitual residence.”121 Therefore, stateless persons without a lawful status or authorization would appear to only have the rights of Article 7(1) of the 1954 Convention.122 II. Canadian Legal Framework Considering a stateless person’s rights under Article 14 change depending on whether the person moves from one country to another, the country’s domestic law, and its adherence to international conventions on artistic rights and industrial property, this section will focus its review on the terms of Canadian legislation on patents, industrial design, copyright and trademarks as they concern stateless persons habitually resident in Canada. It makes no judgment of whether Canadian legislation is in compliance with international conventions on patents, industrial design, trademarks and copyright. Another challenge in assessing the Canadian legal framework for this article is that it is not entirely clear whether a particular status or authorization in Canada is required for a stateless person to be considered “habitually resident” for the purposes of Article 14. a. Patents The Patent Act provides that an “applicant” for a patent “includes an inventor and the legal representatives of an applicant or inventor.”123 The Patent Act does not define “inventor”, but case law defines an “inventor” as the one who has conceived or contributed to the inventive Ibid. Ibid. 120 Handbook on Stateless Persons, supra note 12 at para. 139. 121 Robinson Commentary to the 1954 Convention, supra note 11 at 34. Emphasis added. 122 Ibid. 123 Patent Act, RSC 1985, c P-4, at s. 2, available at: http://canlii.ca/t/52f16 [Patent Act]. 118 119 27 27