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ARTICLE · 24 JULY 2017

Protection Of Rights In Canada And International Comity

On the one hand, the Supreme Court's decision provides comfort for Canadian businesses whose intellectual property is being infringed by overseas competitors.

CanadaIntellectual Property

The Supreme Court of Canada's recent and much-anticipated decision in Google Inc. v. Equustek Solutions Inc. is extremely important for many reasons. It has been applauded by Canadian companies whose intellectual property rights are being infringed by overseas companies, but, it has left many observers concerned about the ability for local courts to have a global impact on the regulation of the Internet.

It should not be at all surprising that over 30 entities intervened in the case – including civil liberties and human rights groups, music and publishing industry groups, and associations of reporters. The Supreme Court upheld an injunction that requires Google to de-list a website from its global search index, not just google.ca. While the Supreme Court's decision may be a boon to Canadian companies whose intellectual property is being infringed by third parties around the world, the decision has wide-ranging consequences.

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