Arc En Ciel RH c. Services Swissnova inc., 2021 QCCS 1187


Read full decision. Summary prepared by Alan Macek:

In short, four main questions arise in these two cases brought together for the purposes of a joint hearing: Did Swissnova plagiarize AEC's intellectual property and, if so, what would be the consequences? What damages has either party suffered in connection with the execution and termination of the contractual relationship? Was there illegal use by AEC of Swissnova's customer list and, if so, what would be the consequences? Finally, was there an abuse of process in this case and, if so, by which party? ... In short, whether the visual presentation is somewhat different and whether a different language or programming method is used, there is an infringement here because, according to the overall analysis of the situation, these are [] almost identical psychometric tests, which measure the same aspects of personality, according to the same theory and present the results in a similar way. ... However, the important part copied by Swissnova of the AEC method, that is to say the precise results, the presentation on the wheel / the disc and the particular combination of the results, is part of what is covered by this non-exclusive license of Cleaver. As a result, AEC does not have the legal interest to sue Swissnova, such a remedy rather belonging to Cleaver. (based on a translation)


Canadian Intellectual Property