20, is a Supreme Court of Canada judgment on Canadian copyright law, specifically on the issue of indirect infringement and its application to parallel importation.

Based on the distribution of logos on the chocolate bars, Kraft Canada Inc. sued Euro-Excellence for copyright infringement.

This Court's holding in CCH confirms that all artistic works receive the protection of copyright if they meet the requisite standards of "skill and judgment"[5]Abella J., writing for herself and McLachlin C.J.

agreed with Rothstein's position on the issue of the sale of copyrighted works: There is nothing in the Act to endorse a restrictive definition of "sell".

concurred, would have struck down Kraft Canada's claim based on his interpretation of the Copyright Act, which precluded protection for works which were "merely incidental" to the product being sold.

[7] Bastarache based this interpretation largely on the Supreme Court's rulings in Society of Composers, Authors and Music Publishers of Canada v. Canadian Assn.

"[10] Fish J., writing for himself, concurred with the majority in result, and agreed with Rothstein J. that the issue should be decided on the basis of the licensing issue, but also expressed doubt as to whether copyright would apply to the claim in this case: "Without so deciding, I express grave doubt whether the law governing the protection of intellectual property rights in Canada can be transformed in this way into an instrument of trade control not contemplated by the Copyright Act.

[16] Although the plaintiffs Kraft Canada Inc. won the legal argument for both issues (whether they were within their rights to sue as an exclusive licensee and whether there was a sale of a copyrighted work), they lost the case due to vote splitting.

Only Abella and McLachlin would have found copyright infringement by finding in favour of the plaintiff on both the licensing and sale requirements.