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When Will a Permanent Injunction Be Granted in Canada for Intellectual Property Infringement? The Influence of Ebay v. Merc-Exchange

Resource type
Author/contributor
Title
When Will a Permanent Injunction Be Granted in Canada for Intellectual Property Infringement? The Influence of Ebay v. Merc-Exchange
Abstract
It has often been asserted that, upon proof of patent validity, copyright ownership or trademark infringement, a permanent injunction will be granted as a matter of course. The decision of the U.S. Supreme Court in eBay v. Merc-Exchange, concerning the activities of a patent troll, has put into question the correctness of that assertion. The U.S. Supreme Court has restored the discretionary nature of the inquiry to grant a permanent injunction in intellectual property disputes, and requires the plaintiff to demonstrate that monetary remedies are inadequate. While there is no similar and definitive statement from Canadian courts, I argue that Canadian law largely mirrors the approach now adopted in the U.S. This approach is to be preferred as the best way to match appropriate remedy to the complex policy choices engaged in regulating intellectual property. It is also an approach to remedies endorsed in other areas of law by the Supreme Court of Canada.
Genre
SSRN Scholarly Paper
Archive ID
2668325
Place
Rochester, NY
Date
2012-10-01
Accessed
9/29/23, 7:20 PM
Short Title
When Will a Permanent Injunction Be Granted in Canada for Intellectual Property Infringement?
Language
en
Library Catalog
Social Science Research Network
Citation
Berryman, J. (2012). When Will a Permanent Injunction Be Granted in Canada for Intellectual Property Infringement? The Influence of Ebay v. Merc-Exchange (SSRN Scholarly Paper 2668325). https://papers.ssrn.com/abstract=2668325
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