priority in Canada if, among other things, the applicant was at the date of application a citizen or national, or domiciled in that country, or has a real and effective industrial or commercial establishment in the country of the Union.139 In light of the above legal provisions, it appears that no citizenship is required and that a stateless person as a resident of Canada is able to enjoy the rights of trademark under Article 14. For stateless persons outside Canada to register a trademark in Canada, the person must at least be domiciled or have a commercial establishment in accordance with applicable international conventions. d. Copyright Like trademarks, copyright arises when the works are created.140 The conditions for the subsistence of copyright are contingent on whether the person is linked to a treaty country. In particular, section 5(1) of the Copyright Act provides that copyright applies to every original literary, dramatic, musical and artistic work, the author was, at the date of the making of the work, a citizen or subject of, or a person ordinarily resident in, Canada or some other treaty country.141 Copyright also applies when a work is first published in a treaty country even if the author was not a citizen or subject of, or a person ordinarily resident in, Canada or some other treaty country.142 Treaty country is defined under the Copyright Act as a Berne Convention country, Universal Copyright Convention country, WIPO Copyright Treaty country or World Trade Organization member.143 The Minister may also extend protection to other countries that are not treaty countries by way of notice in the Canada Gazette.144 In order to register a copyright, this can be done “by or on behalf of the author of the work, the owner of the copyright in the work, an assignee of the copyright, or a person to whom an interest in the copyright has been granted by licence.”145 Based on the foregoing it appears as though stateless persons who publish a work in Canada, or are “ordinarily resident” in Canada would be able to exercise their entitlement to copyright for the purposes of Article 14. Ibid., at s. 34(1)(b). Once the Economic Action Plan 2014 Act comes into effect, s. 34(1)(b) becomes s. 34(1)(c): “when an applicant files an application for the registration of a trademark in Canada after the applicant or the applicant’s predecessor in title has applied, in or for any country of the Union other than Canada, for the registration of the same or substantially the same trademark in association with the same kind of goods or services, the filing date of the application in or for the other country is deemed to be the filing date of the application in Canada and the applicant is entitled to priority in Canada accordingly despite any intervening use in Canada or making known in Canada or any intervening application or registration, if…(b) the applicant files a request for priority in the prescribed time and manner and informs the Registrar of the filing date and country or office of filing of the application on which the request is based;” 140 Canadian Intellectual Property Office, “What is copyright?” (2 September 2014), available at: http://tinyurl.com/pghlz8l [What is copyright?]. 141 Copyright Act, RSC 1985, c C-42, at s. 5(1), available at: http://canlii.ca/t/52dfv [Copyright Act]; and see, Canadian Intellectual Property Office, Copyright Guide (30 April 2015), available at: http://tinyurl.com/opmnwam [Copyright Guide]. 142 Copyright Act, ibid., at s. 5(1)(c). 143 Ibid., at s. 2. 144 Copyright Guide, supra note 141. 145 Copyright Act, supra note 141 at s. 55(1). 139 30