IP Update
 

Supreme Court of Canada states “The Internet has no borders” in upholding global injunction in search results case

by Daniel Anthony

The Supreme Court of Canada issued its decision in Google v. Equustek, 2017 SCC 34, today, upholding an injunction requiring a non-party to an infringement action, Google, to remove links to infringing websites from its global search results. This marks the first time that Canada’s highest court has directly considered the power of Canadian courts to issue global injunctive relief against a non-party as a remedy for infringement on the Internet. The decision represents a powerful statement that Canadian courts of equity have broad jurisdiction to issue injunctions against parties and non-parties alike, including with extraterritorial effect, provided the injunction would be just and equitable in all the circumstances of the case.

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