ITP SA v. CNOOC Petroleum North America ULC, 2025 FC 684
Justice Zinn - 2025-04-14
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In this case, the applicant alleged copyright infringement against the respondent concerning a promotional image representing their proprietary pipe-in-pipe system used in a pipeline replacement project. The applicant claimed that the respondent used this image without authorization in a presentation to the Alberta Energy Regulator. The respondent acknowledged using a similar image but contended that the applicant failed to prove ownership of the copyright and that usage was permissible under existing contractual terms or an implied licence. The court addressed preliminary issues, determining the implied undertaking rule was inapplicable and found that the applicant's application was not time-barred. Ultimately, the court concluded that the applicant had not sufficiently demonstrated authorship of the image, and therefore, the claim for infringement did not succeed. The judgment clarified the scope of remedies, emphasizing the need to limit potential remedies based on the proof of ownership and authorization criteria within the Copyright Act.
Decision relates to:
- T-2563-23 - ITP SA v. CNOOC PETROLEUM NORTH AMERICA ULC