COPYRIGHT |
Infringement |
Pyrrha Design Inc. v. 623735 Saskatchewan Ltd.
T-531-02
2004 FC 423, Rouleau J.
23/3/04
8 pp.
Defendants seeking summary judgment, dismissal of plaintiffs' claim on grounds statement of claim discloses no reasonable cause of action--Submitting claim for liability exclusively based on allegations of infringement of copyright in certain jewellery designs and that in light of Copyright Act (Act), s. 64(2), jewellery designs properly subject-matter of industrial designs registration--Accordingly, no genuine issue for trial--Design defined by Act, s. 64(1)--Same definition of "design" contained in Industrial Design Act (IDA)--Whether copyright subsists in design claimed by plaintiffs--Under Act, s. 34.1(1), copyright can be presumed unless contrary proven --As result, copyright could subsist in designs in question-- Since jewellery design three dimensional, registrable subject matter properly subject to registration under IDA, cannot be subject of exception, since work not bought purely, simply for artistic properties but because of utility of article apart from design--Court persuaded jewellery design "design" as defined in both Act, IDA--Copyright could subsist and more than 50 items have been produced--Defendants clearly demonstrated applicability of Act, s. 64(1) and none of exceptions in s. 64(3) apply to negate applicability--No relevant issues to be decided--Action dismissed--Copyright Act, R.S.C., 1985, c. C-42, ss. 34.1(1) (as enacted by S.C. 1997, c. 24, s. 20), 64 (as am. by R.S.C., 1985 (4th Supp.), c. 10, s. 11)--Industrial Design Act, R.S.C., 1985, c. I-9.