Tag: damages

Robinson v Cinar in the Supreme CourtRobinson v Cinar in the Supreme Court



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In the last decade, the Supreme Court of Canada has canvassed many important issues in copyright law including the scope of the rights of reproduction and authorization, what makes a work original, and how to apply the fair dealing defense. In its decision released yesterday in Cinar Corporation v. Robinson, 2013 SCC 73, a unanimous Supreme Court released an important precedent dealing with many other core areas of copyright including the framework for how to assess if a “substantial part”  of a work has been reproduced, the assessment of damages for infringement including accounting of profits, non-pecuniary damages and punitive damages, the use of experts in a copyright case, the vicarious liability of directors for infringement, and whether copyright is protected by the Quebec Charter of human rights and freedoms.

Supreme Court hears oral argument in Cinar/Robinson copyright cases (Updated)Supreme Court hears oral argument in Cinar/Robinson copyright cases (Updated)



Earlier today, the Supreme Court heard oral argument in four copyright cases arising from the decision of the Quebec Court of Appeal in the France Animation v Robinson, 2011 QCCA 1361 case. The main issue in the appeal was whether sketches and characters of the proposed TV series Robinson curiosity were infringed by the series Robinson sucro. The trial judge found infringement and the Court of Appeal upheld the judgment, in part. The webcast from the argument is being archived and will be available here.

EU highlights role of ISPs, damages and trade agreements in reducing IP infringementsEU highlights role of ISPs, damages and trade agreements in reducing IP infringements



The EU just published a report reviewing the effectiveness of the EU Directive 2004/48/EC of the European Parliament and the Council of 29 April 2004 on the enforcement of intellectual property rights. That Directive, which recognized that effective means of enforcing intellectual property rights are essential for promoting innovation and creativity, harmonized the minimum means available  to right holders and public authorities for fighting infringements of intellectual property rights in the EU. It also established a general framework for exchanging information and administrative co-operation between national authorities and with the Commission.