Magasins Greenberg Ltée v. Import-Export René Derhy ( Canada ) Inc.
T-2813-94
Richard J.
24/2/95
5 pp.
Application to dismiss motion to strike registration of copyright on artistic work "Barbital" -- Both parties work in clothing importation and sale industry -- Respondent claimed acquired copyright to design for "Barbital" jacket from French company which designs and manufactures high quality clothing and then registered it in Canada -- Respondent sued applicants in Superior Court of Quebec for importing and selling counterfeit models of "Barbital" jacket-In support of application to strike registration, applicants submitted effect of Act, s. 64(2) providing reproducing design not infringement of copyright where article reproduced in quantity of more than fifty, to deny design possibility of copyright protection-S. 64(2) simply indicating limits of protection conferred by copyright without thereby denying existence of copyright -- Act, s. 64(2) only exception to exclusive character of copyright and not having effect of denying design possibility of copyright protection -- Application allowed-Copyright Act, R.S.C., 1985, c. C-30, s. 64(2) (as am. by R.S.C., 1985 (4th supp.), c. 10, s. 11).