Intellectual Property
Students’ Rights Carved into Canada’s Copyright Regime: The SCC Affirms the Importance of the Student Perspective in Canada’s Copyright Policies
On July 30, 2021, the Supreme Court of Canada (“SCC” or “the Court”) affirmed students’ rights in York University v Canadian Copyright Licensing Agency (Access Copyright), 2021 SCC 32 [York University]. In a relatively short decision, the SCC distills almost a decade of conflict into a dismissal of both parties’ appeals, while simultaneously disagreeing with […]
Nova Chemicals Corporation v The Dow Chemical Co: The law of patent remedies takes a step forward
Introduction In Nova Chemicals Corporation v The Dow Chemical Company et al., 2022 SCC 43 (“Nova Chemicals”) the Supreme Court of Canada (“SCC”) clarified the test for determining a proper accounting of profits when it is relied upon as a statutory remedy for patent infringement. In the process of doing so, the SCC finally admitted […]
Double Royalties or Users' Rights? The SCC Interprets the Copyright Act in SOCAN
In Society of Composers, Authors and Music Publishers of Canada v Entertainment Software Association, 2022 SCC 30 [SOCAN], the Supreme Court of Canada (“SCC”) heard an appeal from the Federal Court of Appeal (“FCA”). The case turned on the interpretation of s. 2.4(1.1) of the Copyright Act, RSC 1985, c C-42 [the Act].
Keatley Surveying Ltd v Teranet Inc: The SCC’s Crown Copyright Case
Today (March 29) the Supreme Court of Canada (“SCC”) will hear the intellectual property case of Keatley Surveying Ltd v Teranet Inc, 37863 [Keatley] about the issue of copyright in land surveys. Keatley Surveying Ltd (“Keatley”) brought a proposed class action on behalf of all land surveyors in Ontario against Teranet Inc (“Teranet”), a private […]
Rogers Communications Inc v Voltage Pictures: Balancing Privacy and (Intellectual) Property Protection
This case has already been covered in detail by Nicole Daniels here. The case—and that post—focus more on the issue of who should bear liability for the costs of actions undertaken to combat infringement. This post focuses on the underlying reasons the SCC may have had in reaching their decision. Rogers Communications Inc v Voltage […]