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ARTICLE · 12 MARCH 2018

The Long Arm Of The Law

Equustek brought an action against Datalink. This action claimed that Datalink was infringing Equustek's intellectual property.

CanadaIntellectual Property

Businesses today operate in a global, borderless environment, in which social media platforms allow them to market and distribute their goods and services around the world with ease. As a result, it has become more difficult to protect and enforce a company's intellectual property rights online. For example, an alleged infringer could circumvent a country-specific restriction to access certain material by simply changing his or her 'virtual' location. This is posing an interesting question for the courts, and has led to a recent Supreme Court of Canada (SCC) decision in which the SCC ordered a worldwide injunction against a third party in order to ensure that an alleged infringer could not circumvent a national restriction. (Google Inc. v. Equustek Solutions Inc., 2017 SCC 34 (the Worldwide Injunction Decision)).

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