Decision

Druide Informatique Inc. c. Les Éditions Québec Amérique Inc., 2020 QCCA 1197

2020-09-18

Read full decision. Summary prepared by Alan Macek:

On appeal from 2017 QCCS 4092, the issues were whether there was an implied license to the copyright protected software and 2) if it was right to award $25k punitive damages. The Court considered if the implied consent was an assignment or, exclusive or non-exclusive license, or a joint work. The Court found the agreement was of the form of a non-exclusive license and reducing it to writing was not a requirement. The Court reversed the award of damages because the Court found that it was of indefinite term and a notice period that covered the period of alleged infringed and also reversed the finding of punitive damages. (Summary based on translation)

 

Canadian Intellectual Property