Canada: Copyright

An Alberta court has granted an injunction preventing a former CEO from launching an AI-enhanced education software product that competes with his previous employer's existing application. The ruling examines whether artificial intelligence enhancements alone can differentiate a new product from being considered competitive, while scrutinizing the executive's fiduciary duties and the enforceability of restrictive covenants negotiated during a business acquisition.

Every day, consumers rely on trademarks to identify and select goods and services from businesses that they know and trust. Over time, trademarks come to represent not only...

It is a common misconception that anything created by an employee during employment automatically belongs to the employer. In reality, copyright ownership depends on a fact-specific analysis...

Le 19 mars 2026, la Cour d’appel fédérale du Canada a annulé deux déclarations formulées par le juge Roy de la Cour fédérale (Canada), qui portaient sur l’utilisation...

The rapid growth of generative artificial intelligence has raised fundamental questions about whether prompts used to instruct AI systems can attract copyright protection.

Pour certains emprunteurs, en particulier ceux des secteurs de la technologie et de la création, la propriété intellectuelle (« PI ») figure parfois parmi les actifs les plus précieux.

Canadian artists should take note as an Artist's Resale Right may be on the horizon in Canada. In its 2025 Budget, the Canadian federal government announced its intention to create...

A group of major Canadian media organizations (the "Plaintiffs") has scored an early procedural victory against OpenAI in Ontario.

Welcome to Smart & Biggar's new in(dustry) focus series, where we provide key IP insights for various industries and explore how to protect and leverage IP to get ahead...