Canada: Copyright

Foreign companies launching products in Canada often overlook industrial design registration, one of the most cost-effective forms of IP protection available. Copyright protection for product appearance is significantly restricted once a design is reproduced in quantities exceeding 50 copies, making industrial design registration the primary statutory protection for commercially manufactured products.

The Federal Court of Appeal's decision in SOCAN v. Apple Canada addresses when courts will review administrative decisions before they become final. The ruling establishes that even significant legal determinations made during bifurcated proceedings remain interlocutory until the administrative body completes its entire process. What threshold must parties meet to justify immediate judicial review of preliminary rulings?

The Delhi High Court has issued a preliminary ruling on whether AI training on copyrighted content constitutes infringement, distinguishing between the ingestion of works for model training and the generation of outputs. The decision addresses jurisdictional questions, fair dealing analysis, and the technical architecture of AI systems, offering guidance on how courts may evaluate copyright claims against large language models. While significant, this interlocutory ruling leaves several legal questions unre

A recent Ontario Court of Appeal decision clarifies when employers can claim copyright ownership over work created by employees, revealing that even when an employee secretly builds a competing product while on the payroll, the employer may have no copyright claim if the work falls outside the employee's actual job responsibilities. The ruling underscores critical gaps in employment agreements and highlights five practical steps employers should take to protect their intellectual property rights.

Selecting the right trademark is crucial for business success, but not all marks are created equal. This guide explores the spectrum of trademark strength—from coined words to generic terms—and reveals why conducting thorough clearance searches before adoption can save businesses from costly litigation and forced rebranding.

From April 7–11, 2026, the internationally renowned Patent Cup took place in Vancouver, bringing together patent professionals from around the world for a unique blend of competitive sailing and industry camaraderie.

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...

In Hellboy Productions, Inc. v. Doe #1,1 the Federal Court granted the second attempt by Hellboy Productions Inc. (the Plaintiff) at a motion for a Norwich order, requiring a non-party Internet Service Provider (ISP) to identify the owners of IP addresses used to share the Plaintiff’s film online. The decision is a helpful reminder of the evidentiary requirements on a motion for a Norwich order.