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''Euro-Excellence Inc v Kraft Canada Inc'', , is a Supreme Court of Canada judgment on Canadian copyright law, specifically on the issue of indirect infringement and its application to parallel importation. Kraft Canada sued Euro-Excellence Inc. for copyright infringement due to their importation of Côte d’Or and Toblerone chocolate bars from Europe into Canada. A majority of the court found that the copyright claim could not succeed, although they split on whether the claim failed due to the rights of an exclusive licensee or due to the scope of copyright law. ==Background== Kraft Canada Inc. was the exclusive Canadian importer and distributor of Toblerone chocolate bars since 1990, and the exclusive Canadian distributor of Côte d’Or chocolate bars since 2001. These agreements were entered into with Kraft Foods Belgium SA and Kraft Foods Schweiz AG of Belgium and Switzerland, respectively. Euro-Excellence was an authorized distributor of Côte d’Or chocolate bars from 1993 until 2000, and was the exclusive Canadian distributor between 1997 and 2000. Their distribution agreement with Kraft expired in 2000 and was not renewed, although they continued to import and distribute the chocolate bars which they legally acquired in Europe. Beginning in 2001, Euro-Excellence also imported Toblerone bars from Europe without authorization. On October 25, 2002, Kraft Foods Belgium SA registered three Côte d’Or logos and two Toblerone logos as copyrighted works in Canada, and entered into an agreement with Kraft Canada as the exclusive licensee for production and reproduction of the copyrighted logos. Based on the distribution of logos on the chocolate bars, Kraft Canada Inc. sued Euro-Excellence for copyright infringement. The Federal Court ruled in favour of Kraft Canada, finding that the logos in question were the proper subject matter for copyright, and that they were reproduced contrary to the ''Copyright Act''.〔''Copyright Act'', R.S.C.1985, c. C-42〕 The court awarded Kraft Canada $300,000 in damages and issued an order "that the product be rendered non-infringing".〔''Kraft Canada Inc. v. Euro Excellence Inc.'', 2004 FC 652, () 4 F.C.R. 410〕 The Federal Court of Appeal allowed in the appeal in part and referred the issue of damages back to the trial judge. However, the trial judge confirmed the original order of $300,000 in damages. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Euro-Excellence Inc v Kraft Canada Inc」の詳細全文を読む スポンサード リンク
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