Canada is home to very attractive options for those
contemplating the initiation of copyright infringement
proceedings.
For example, the Canadian Copyright Act (the
"Act") contains specific provisions that enable
copyright owners to obtain highly cost-effective relief for
infringement claims. These special provisions relate to:
- the availability of summary proceedings in copyright
infringement matters, namely applications and robust summary
judgment and trial procedures in actions; and
- the availability of statutory damages that simplify the
assessment of damages to be awarded.
Summary proceedings. Section 34(4)(a) of the
Act provides that proceedings for infringement of
copyright or moral rights may be commenced by way of application
rather than by way of a more complicated action. Further, motions
for summary judgment and summary trial can be brought in most
courts in Canada, including in the Federal Court, which hears most
IP matters in Canada.
