Copyright Act

Version of section 41 from 2002-12-31 to 2012-11-06:

Marginal note:Limitation period for civil remedies
  •  (1) Subject to subsection (2), a court may not award a remedy in relation to an infringement unless

    • (a) in the case where the plaintiff knew, or could reasonably have been expected to know, of the infringement at the time it occurred, the proceedings for infringement are commenced within three years after the infringement occurred; or

    • (b) in the case where the plaintiff did not know, and could not reasonably have been expected to know, of the infringement at the time it occurred, the proceedings for infringement are commenced within three years after the time when the plaintiff first knew, or could reasonably have been expected to know, of the infringement.

  • Marginal note:Restriction

    (2) The court shall apply the limitation period set out in paragraph (1)(a) or (b) only in respect of a party who pleads a limitation period.

  • R.S., 1985, c. C-42, s. 41;
  • R.S., 1985, c. 10 (4th Supp.), s. 9;
  • 1997, c. 24, s. 22.
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