Milliken & Co. v. Interface Flooring Systems ( Canada ) Inc.
T-3016-92
Giles A.S.P.
15/4/93
3 pp.
Motion to strike statement of claim as revealing no cause of action -- Plaintiff alleging first publication of artistic work different than one in which work first created -- No difference between English and French provisions of Copyright Act, s. 5(1) -- Fact Convention of Berne would require Canada to act differently not amending Canadian legislation -- Motion granted -- Copyright Act, R.S.C., 1985, c. C-42, s. 5(1).
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