Canada: Intellectual Property

On June 8, 2012, Genentech’s lawsuit seeking a declaration that US Patent No. 6,733,752 was invalid and not-infringed by Genentech’s trastuzumab product (HERCEPTIN).

Health Canada specifically contemplates certain proteins as SEBs in its Guidance, although Health Canada has not limited SEBs to only particular classes of drugs.

On May 23, 2012, the Federal Court held that Merck Frosst Canada Ltd. ("Merck") is liable to Apotex Inc. ("Apotex") for damages under section 8 of the Patented Medicines (Notice of Compliance) Regulations (the "Regulations"), but exercised its discretion to reduce the amount of compensation payable based on a defence of ex turpi causa.

Artificial intelligence ("AI") generated synthetic media, or "deepfakes," pose increasingly significant legal and ethical challenges within the cybersecurity landscape. Deepfakes involve the unauthorized...

The wait is over – the Canadian Patent Appeal Board (the Board) has answered the question we've been tracking since 2022: can an artificial intelligence (AI) system be named as an inventor...

Copyright and AI is a three-part podcast series from Fasken's Perspectives podcast, exploring how Canadian law is grappling with the rise of generative artificial intelligence.

In a major legal win for Canadian agribusiness innovation, Agriculture and Agri-Food Canada (AAFC) has successfully defended its intellectual property rights in the United States over the Staccato cherry, a late-ripening variety developed in Summerland, British Columbia.

In Ontario, business owners typically consider franchising versus licensing as they plan to grow their company. Both methods promote growth through the resources of a third party, but they work in dramatically different ways.

In part one of our IP licensing primer series, we discussed the concept of IP licensing and how the type of IP being licensed, ownership of the IP and other details can impact licensing agreements.

The wait is over – the Canadian Patent Appeal Board (the Board) has answered the question we've been tracking since 2022: can an artificial intelligence (AI) system be named as an inventor...

On September 5, 2025, the Federal Court of Appeal (FCA) set aside the decision of the Federal Court (FC) in Matco Tools Corporation v Canada (Attorney General), 2025 FC 118...

On July 17, 2024, the Canadian Intellectual Property Office (CIPO) launched a new electronic system and portal, MyCIPO Patents, as part of its Next Generation Patents initiative.