IP Update

Nintendo Awarded $12.7 million for Circumvention of Technological Protection Measures in Precedent-Setting Case

by Kevin Siu

In a precedent-setting decision issued yesterday, Nintendo of America Inc v King et al, the Federal Court awarded $12,760,000 in damages for circumvention of technological protection measures (TPMs) and copyright infringement under the Copyright Act. This case is of significance to copyright owners, particularly in the creative industry, who employ specialized platforms for distributing content. The Federal Court has shown that it is willing to enforce technological protection measures, and will award appropriate damages to recognize the severity of TPM circumvention in the digital age.

Mark Biernacki and Kevin Siu of Smart & Biggar acted as counsel on behalf of Nintendo of America Inc., the successful applicant.

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The preceding is intended as a timely update on Canadian intellectual property and technology law. The content is informational only and does not constitute legal or professional advice. To obtain such advice, please communicate with our offices directly.

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