Canada: Intellectual Property

A Federal Court decision highlights the critical importance of intellectual property clauses in consulting agreements, demonstrating how companies can face substantial statutory damages when they continue using copyrighted works after breaching payment terms with independent contractors. The case examines whether ongoing use of educational materials constitutes copyright infringement when no IP transfer was documented in the original contract.

Canada's federal government and common law provinces lack a general 'right of publicity' protecting personality rights as property. This article examines the limited statutory provisions covering personality rights in Canada, with Quebec as a notable exception under civil law jurisdiction.

For manufacturers, defence-sector growth can be a significant opportunity. It can also require key decisions about capital, contracts, financing, and risk that affect the long-term strength of the business.

Franchisees play a crucial role in protecting franchise brands, but how exactly do they help maintain trademark rights? This article explores the legal requirements for trademark...

Starting July 20, 2026, the USPTO will require Canadian patent applicants and owners to use US registered patent practitioners for most patent matters. Canadian patent agents and lawyers already registered before the USPTO remain qualified to represent Canadian applicants, allowing coordination of North American patent strategy through a single team. Canadian applicants currently filing directly or through unregistered representatives should review their upcoming deadlines and ensure appropriate representat

The Canadian Intellectual Property Office has released findings from roundtable discussions with 53 small and medium-sized businesses across six cities, revealing significant challenges in protecting intellectual property. Business owners identified cost, slow timelines, complexity, and limited knowledge as major barriers to accessing IP protection in Canada. CIPO plans to use this feedback to shape its upcoming business strategy and has already initiated a review of its fee structure.

The Canadian Intellectual Property Office (CIPO) has just released a report based on extensive roundtables it held with SMEs across Canada.

Canada and Singapore have emerged as leading AI research hubs with distinct patent prosecution frameworks. While both jurisdictions reject AI as an inventor, they diverge sharply on software patent eligibility—Singapore offers fast, predictable examination through its technical contribution test, while Canada demands careful claim drafting that integrates AI algorithms with physical systems under its post-Choueifaty purposive construction approach.

The Supreme Court of Canada has released its highly anticipated decision in Pharmascience Inc. v. Janssen Inc.1, upholding the validity of Janssen’s patent for a long-acting dosing regimen for the treatment...

The Canadian Intellectual Property Office (CIPO) has just released a report based on extensive roundtables it held with SMEs across Canada.

Canada's federal government and common law provinces lack a general 'right of publicity' protecting personality rights as property. This article examines the limited statutory provisions covering personality rights in Canada, with Quebec as a notable exception under civil law jurisdiction.

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