Marginal note:Importation of books
(a) copies of the book are about to be imported into Canada, or have been imported into Canada but have not yet been released;
(b) copies of the book were made with the consent of the owner of the copyright in the book in the country where the copies were made, but were imported without the consent of the owner in Canada of the copyright in the book; and
(c) the copies would infringe copyright if they were made in Canada by the importer and the importer knows or should have known this.
Marginal note:Who may apply
(2) A court may make an order described in subsection 44.1(3) in relation to a book on application by
(3) Subsections (1) and (2) only apply where there is an exclusive distributor of the book and the acts described in those subsections take place in the part of Canada or in respect of the particular sector of the market for which the person is the exclusive distributor.
Marginal note:Application of certain provisions
(4) Subsections 44.1(3) to (10) apply, with such modifications as the circumstances require, in respect of an order made under subsection (1).
- 1994, c. 47, s. 66;
- 1997, c. 24, s. 28.
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