On October 2, 2026, the Federal Court largely dismissed a copyright infringement action brought by GE Renewable Energy Canada Inc. against Canmec Industrial Inc. concerning 33 technical manufacturing drawings used in a tender for the refurbishment of butterfly valves at Rio Tinto Alcan Inc.’s Isle-Maligne Generating Station. Canmec also sought indemnification from Rio Tinto for any liability arising from the action.
In a comprehensive judgment, Court confirmed that GEREC held the copyright in the technical drawings at issue, but that Section 64.1 of the Copyright Act bars GEREC’s copyright infringement claims relating to the butterfly valves and their components, the associated 3D CAD and SolidWorks files, the 2D drawings, and the manufacturing or construction methods. Although Canmec was ordered to pay $60,000 for its unauthorized use and distribution of four drawings during the tender process, its third-party claim against Rio Tinto was dismissed in its entirety.
The decision provides important guidance on the application of copyright law to technical drawings, industrial components and digital design files, while reaffirming the distinctions between copyright, industrial design and patent protection.
Fasken represented Rio Tinto Alcan Inc. with a team led by David Turgeon that included Joanie Lapalme and Alexandra Lemelin of the Intellectual Property Group.
Jurisdiction
- Québec
