Canada: Intellectual Property

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Intellectual property law and copyright law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering topics such as licensing and syndication, patent law, trade secrets and trademark law.
Article
What’s The Misuse? Defence Of Copyright Misuse Survives Further Motion To Strike In Millennium Funding v. Bell Canada
The Federal Court's recent decision in Millennium Funding, Inc. v. Bell Canada marks a pivotal moment in Canadian copyright law, as it allows the novel defence of "copyright misuse" to proceed to trial rather than being struck at the pleadings stage. This case examines whether film production companies misused Canada's notice and notice regime by sending automated, non-compliant notices to intimidate alleged infringers into disproportionate settlements and make exorbitant claims against Internet Service Pro
Canada IP
C
Cassels
Article
A Court Order Is Not A Suggestion: Federal Court Finds Counterfeiter In Contempt
In Louis Vuitton Malletier SA v. Wang, 2026 FC 1244, the Federal Court found the Defendant, Audrey Wang also known as Ni Ni Yang also known as Ni Yang (Ms. Wang), guilty of contempt for breaching a permanent injunction in the 2019 judgment, Louis Vuitton Malletier SA v. Wang, 2019 FC 1389 (the 2019 Injunction), which prohibited her from infringing Louis Vuitton’s trademarks, depreciating the value of the trademarks, and engaging in passing off. The Court found beyond a reasonable doubt that Ms. Wang offered for sale and sold counterfeit Louis Vuitton goods, notwithstanding her knowledge of the 2019 Injunction.
Canada IP
C
Cassels
Article
Patents In Canada: A Practical Guide For Foreign Businesses
Canadian patent law contains distinct procedural and substantive requirements that can significantly affect claim scope, prosecution costs, patent term, and enforceability for foreign companies. Understanding these differences—from software patentability standards to patent term adjustment opportunities—is essential for developing an effective North American IP strategy that maximizes protection while controlling costs.
Canada IP
MT
Miller Thomson LLP
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Trademarks
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Patent Litigation

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Article
What’s The Misuse? Defence Of Copyright Misuse Survives Further Motion To Strike In Millennium Funding v. Bell Canada
The Federal Court's recent decision in Millennium Funding, Inc. v. Bell Canada marks a pivotal moment in Canadian copyright law, as it allows the novel defence of "copyright misuse" to proceed to trial rather than being struck at the pleadings stage. This case examines whether film production companies misused Canada's notice and notice regime by sending automated, non-compliant notices to intimidate alleged infringers into disproportionate settlements and make exorbitant claims against Internet Service Pro
Canada IP
C
Cassels
Article
Here’s The Drill: CCDC 14-2026 – Key Changes To The Updated Design-Build Contract
The Canadian Construction Documents Committee (CCDC) has released the 2026 edition of CCDC 14 – Design-Build Stipulated Price Contract, marking the first update to the CCDC 14 since 2013. The revised contract introduces several notable changes, including new project completion requirements, expanded provisions addressing design responsibilities and intellectual property, and revisions to the allocation of contractual liability.
Canada Real Estate
WL
WeirFoulds LLP
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Licensing & Syndication

Article
Patents In Canada: A Practical Guide For Foreign Businesses
Canadian patent law contains distinct procedural and substantive requirements that can significantly affect claim scope, prosecution costs, patent term, and enforceability for foreign companies. Understanding these differences—from software patentability standards to patent term adjustment opportunities—is essential for developing an effective North American IP strategy that maximizes protection while controlling costs.
Canada IP
MT
Miller Thomson LLP
Article
Industrial Designs In Canada: Protecting Your Product’s Appearance
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.
Canada IP
MT
Miller Thomson LLP
Article
Accelerating Patent Examination At CIPO: Four Options Compared
Canada's Intellectual Property Office offers four distinct mechanisms to expedite patent examination, each with unique eligibility criteria and procedural requirements. From leveraging foreign examination results through the Patent Prosecution Highway to advancing green technology applications at no extra cost, applicants can strategically accelerate their patent timeline from the typical multi-year process to as little as two months for first office action.
Canada IP
GW
Gowling WLG
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Patent

Article
Patents In Canada: A Practical Guide For Foreign Businesses
Canadian patent law contains distinct procedural and substantive requirements that can significantly affect claim scope, prosecution costs, patent term, and enforceability for foreign companies. Understanding these differences—from software patentability standards to patent term adjustment opportunities—is essential for developing an effective North American IP strategy that maximizes protection while controlling costs.
Canada IP
MT
Miller Thomson LLP
Article
Federal Competence: Intellectual Property, Tax And Competition Matters
The Federal Courts of Canada operate under statutory jurisdiction rather than inherent authority, creating distinct boundaries for their legal powers. This article examines how these jurisdictional limits apply across three critical areas: intellectual property disputes, competition law enforcement, and tax matters. Understanding these boundaries is essential for determining whether cases belong in Federal Court or provincial superior courts.
Canada Litigation
BJ
Bennett Jones LLP
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Trade Secrets

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