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Copyright Supreme Court of Canada

A Copyright is an exclusive legal right granted to the creator of an original work to license, copy, sell, distribute, or otherwise exploit the work for his or her own benefit.
Smart & Biggar

Canadian IP Litigation 2023: Year in Review

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The year 2023 witnessed several developments in Canadian IP litigation. From summary judgment finding its limits to the denial of a permanent injunction for the first time in almost three decades, several cases decided in...more

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Supreme Court of Canada denies Teksavvy Solutions Inc leave to appeal Canada’s first site-blocking Order

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On March 24, 2022, the Supreme Court of Canada denied Teksavvy Solutions Inc’s application for leave to appeal a decision of the Federal Court of Appeal (2021 FCA 100), affirming the Federal Court’s decision in Bell Media Inc...more

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Stiff penalty for copyright infringer in Canada: Federal Court hands out prison sentence

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In a recent Federal Court case, the Court ordered the director of a corporation to be imprisoned for at least 6 months and payment of a $100,000 fine for bypassing an injunction against copyright infringement. We previously...more

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Supreme Court says copyright tariffs not mandatory on works managed by collective society

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The Supreme Court of Canada, in a rare copyright decision, unanimously held that copyright collectives cannot charge fees to those who decline their contracts.  The ruling can be expected to affect how a number of copyrights...more

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Supreme Court of Canada rules on Crown copyright

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On Thursday September 26, 2019, the Supreme Court of Canada issued its highly anticipated decision in Keatley Surveying Ltd v Teranet Inc (2019 SCC 43), finding that the Province of Ontario holds copyright in plans of survey...more

Bennett Jones LLP

Norwich Relief—SCC Provides Guidance on Pre-Trial Disclosure Orders

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On September 14, 2018, the Supreme Court of Canada (SCC) released its decision in Rogers Communications Inc v Voltage Pictures, LLC, 2018 SCC 38 confirming the test set out in Leahy for obtaining a Norwich order (consistently...more

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3 Business Cases to Follow in the Supreme Court's Spring Term

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The Supreme Court of Canada’s spring term begins on April 16, 2018. Chief Justice Wagner has already put his stamp on the Court, announcing in February that it would begin releasing “plain language” summaries alongside its...more

Bennett Jones LLP

Copyright in Seismic Data

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The seismic industry is of considerable significance to Canada's oil and gas business. In Geophysical Service Incorporated v Encana Corporation, 2016 ABQB 230 the Alberta Court of Queen's Bench had an opportunity to assess...more

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Leave to Appeal to Supreme Court of Canada Denied in GSI Seismic Litigation

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In the latest chapter in the seismic-related litigation brought by Geophysical Services Incorporated (GSI), the Supreme Court of Canada has denied GSI's application for leave to appeal from a judgment of the Alberta Court of...more

Bennett Jones LLP

Going to California—Google Asks U.S. Court to Declare Supreme Court of Canada's Global Injunction Unenforceable

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The Supreme Court of Canada recently confirmed the availability of a novel form of worldwide injunction whereby Google, a non-party to the litigation, was required to block worldwide access to websites operated by a...more

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Canadian Playground Fight Highlights the Importance of Industrial Design Protection

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A recent decision of the Federal Court of Canada has highlighted the difficulties in asserting trademark and copyright rights related to the appearance of functional products with unique design elements....more

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