Author Info for Smart & Biggar

Daniel Anthony

False alarm: the risks of groundless online takedown complaints

Online takedowns are an essential and effective tool for intellectual property rightsholders. Such tools are a common response to infringement on online marketplaces. A recent Canadian decision highlights the risks associated…more

Amazon, Canada, Copyright Litigation, Corporate Counsel, Digital Media

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Robert Baker

Navigating unity of invention and double patenting issues: practical strategies for patent protection in Canada

Unity of invention and double patenting law and practice in Canada can create challenges for patent applicants. For example, applicants may not expect a unity of invention objection to be raised, requiring claims to be cancelled…more

Canada, Canadian Patent Office, Fees, Innovation, Intellectual Property Protection

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Christian Bekking

Federal Court rules on patent listing again, confirms generic not required to address patent submitted before ANDS filing but listed after

On January 20, 2025, Justice O’Reilly of the Federal Court dismissed Bayer’s judicial review of the Minister of Health’s decision to list Canadian Patent No. 2,970,315 (315 Patent) on the Patent Register eight days after it was…more

Compliance, Generic Drugs, Intellectual Property Litigation, Intellectual Property Protection, Life Sciences

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Andrea Berenbaum

[Webinar] Canadian patent law 2024: a year in review - February 11th, 12:00 pm - 1:00 pm ET

2024 was an active year in Canadian patent law. Canadian courts issued several decisions on the merits regarding invalidity and/or infringement, and considered due care in the context of paying maintenance fees, regulatory…more

Canada, Entrepreneurs, Intellectual Property Litigation, Intellectual Property Protection, Patent Agents

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Pelle Berends

Canadian trademark law 2024: a year in review

In this article, we review a number of notable Canadian trademark cases from 2024 and highlight key developments in Canadian trademarks practice. On February 5, 2025, join us for an insightful webinar as we deliver a roundup of…more

Appeals, Canada, Enforcement, Intellectual Property Litigation, Intellectual Property Protection

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Audrey Berteau

Avoiding a finding of ambiguity and ensuring patent validity: the importance of a comprehensive disclosure and defining coined terms

On June 7, 2024, the Federal Court issued its Judgment and Reasons in Tekna Plasma Systems Inc v AP&C Advanced Powders & Coatings Inc ( 2024 FC 871), finding all claims of the Defendant’s Canadian Patent No 3,003,502 (502…more

Ambiguous, Canada, Claim Construction, Intellectual Property Litigation, Intellectual Property Protection

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Mark Biernacki

[Ongoing Program] Trademark & copyright enforcement on the internet: Online marketplaces, social media and the web - July 13th, 12:00 pm - 1:00 pm ET

This spring, join our Smart & Biggar trademark experts and gain new insights at our popular Canadian Trademarks webinar series. Each webinar provides practical tips and strategies for global brand protection in Canada, with a…more

Best Practices, Brand, Canada, Copyright, Copyright Enforcement

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Christian Bolduc

[Webinar] Impact of Bill 96 on product trademarks: insights from new regulation, OQLF’s guidelines and discussions with the OQLF - November 26th, 12:00 pm - 1:00 pm ET

Join us for an insightful webinar on how to address the French Charter requirements for trademarks appearing on products, considering the recently issued Quebec regulation and the OQLF's new guidelines. Over this 60-minute…more

Brand, Canada, French Language Requirements, Intellectual Property Protection, Marketing

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Charles Boulakia

Canadian Intellectual Property Office “Next Generation Patents” update and status as of May 13, 2025

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. The launch has been fraught with difficulties,…more

Administrative Backlogs, Canadian Intellectual Property Office (CIPO), Delays, Filing Deadlines, Government Agencies

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Timothy Bourne

Trademark owners, beware: protecting your brand in the era of trademark scams

An important component of brand ownership is exercising vigilance against fraudulent practices, such as counterfeiting and trademark pirating. Trademark owners must now also be alert to fraudulent communications from seemingly…more

Brand, Email, Fraud, Trademark Infringement, Trademark Litigation

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Nicole Boyle

Federal Court of Canada launches specialized Intellectual Property Chambers pilot project

With the creation of specialized Chambers in the Federal Court, parties can be confident that judges assigned to their intellectual property matters in Canada will have intellectual property expertise…more

Canada, Copyright, Corporate Counsel, Intellectual Property Protection, Patents

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Matthew Burt

Canadian IP litigation 2024: a year in review

In 2024, we witnessed several notable developments in Canadian IP litigation. These included the Supreme Court granting leave for an appeal on the patentability of methods of medical treatment, a successful patent invalidity…more

Appeals, Canada, Copyright Infringement, Intellectual Property Litigation, Patent Infringement

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Daniel Davies

Canadian IP litigation 2024: a year in review

In 2024, we witnessed several notable developments in Canadian IP litigation. These included the Supreme Court granting leave for an appeal on the patentability of methods of medical treatment, a successful patent invalidity…more

Appeals, Canada, Copyright Infringement, Intellectual Property Litigation, Patent Infringement

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Ryan De Vries

[Webinar] Canadian patent law 2024: a year in review - February 11th, 12:00 pm - 1:00 pm ET

2024 was an active year in Canadian patent law. Canadian courts issued several decisions on the merits regarding invalidity and/or infringement, and considered due care in the context of paying maintenance fees, regulatory…more

Canada, Entrepreneurs, Intellectual Property Litigation, Intellectual Property Protection, Patent Agents

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Tierney GB Deluzio

Canadian trademark law 2024: a year in review

In this article, we review a number of notable Canadian trademark cases from 2024 and highlight key developments in Canadian trademarks practice. On February 5, 2025, join us for an insightful webinar as we deliver a roundup of…more

Appeals, Canada, Enforcement, Intellectual Property Litigation, Intellectual Property Protection

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Jean-Sébastien Dupont

[Webinar] Canadian IP litigation 2024: a year in review - February 12th, 12:00 pm - 1:00 pm ET

Join us for an insightful session as our presenters Matthew Burt, Daniel Davies and Jean-Sébastien Dupont provide an annual summary of key developments in Canadian IP litigation. This webinar offers a valuable opportunity for…more

Canada, Copyright, Entrepreneurs, Intellectual Property Litigation, Intellectual Property Protection

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Laura Easton

Steps to consider before sending a cease-and-desist letter

The intellectual property (IP) of your business has value. IP can take several forms, including patent and trademark registrations, or intellectual property rights arising from common law, such as trade secrets, confidential…more

Canada, Cease and Desist Orders, Intellectual Property Litigation, Intellectual Property Protection, IP License

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Mark Evans

Why you should designate Canada – and a Canadian agent – in your next Madrid application

A little over a year has passed since Canada overhauled its trademark legislation and acceded to the Madrid Protocol, making it easier than ever to protect trademark rights in Canada. In this IP Update, we explore some of the…more

Canada, Canadian Intellectual Property Office (CIPO), CETA, Corporate Branding, Designated Agent

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Pierre-Olivier Ferko

Health Canada publishes Guide to the precision regulating authorities under the Food and Drugs Act

In March 2025, Health Canada published a Guide to the precision regulating authorities under the Food and Drugs Act. The Guide sets out the principles, policies, considerations and standards that Health Canada should follow in…more

Canada, Food and Drug Administration (FDA), Government Agencies, Health Canada, New Guidance

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Lionel Fishman

IP protection for your product’s design and function is a smart investment

This article provides helpful advice for companies wanting to protect their IP rights and increase their profits. Smart & Biggar IP experts detail the importance of investing in industrial design or design patents to ensure your…more

Canada, Design Patent, Industrial Design, Intellectual Property Protection, Patents

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Christine Genge

Three key differences between U.S. and Canadian patent law that can affect patent filing strategies in Canada

Though there are many similarities between U.S. and Canadian patent law, the following significant differences can affect the key decision of whether to file in Canada. 1. Grace period time limit - Sections 28.2 and 28.3…more

Canada, Double Patent, Intellectual Property Protection, On-Sale Bar, Patent Applicants

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Stéphanie Girard

Quebec’s French language requirements for commerce and business: reform of the Charter of the French language

This article provides an overview of French language requirements in Quebec for commerce and business under the Charter of the French language (RLRQ c. C-11) (the French Charter) and the Regulation respecting the language of…more

Canada, Compliance, Enforcement, French Language Requirements, Government Agencies

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Elliott Gold

Official marks in Canada: a unique system with notable flaws

Formally known as prohibited marks, official marks are a distinctive feature of Canadian trademark law, providing government entities with an exclusive and powerful tool to protect their marks, symbols and emblems. Private…more

Canada, Government Entities, Intellectual Property Protection, Trademark Act, Trademarks

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Katherine Graham

Health Canada publishes guidance on submitting risk management plans

As we previously reported, agile licensing amendments to the Food and Drug Regulations and Medical Devices Regulations were registered on November 29, 2024. We are continuing to update our previous article to reflect new draft…more

Final Guidance, Health Canada, Healthcare, Life Sciences, Pharmaceutical Industry

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Christopher Guaiani

No parley for pirates: Federal Court (Canada) grants innovative remedy to combat sports piracy

In Rogers Media Inc et al v John Doe 1 et al, 2024 FC 1082, the Federal Court (Canada) (the Court) issued the first site-blocking judgment allowing the applicants to simultaneously protect live content in multiple sports leagues…more

Anti-Piracy, Canada, Innovation, Internet Service Providers (ISPs), NBA

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François Guay

Avoiding the hindsight trap in the context of a patent obviousness analysis

While courts have often warned that hindsight bias should be avoided when assessing whether a patented invention would have been obvious to the skilled person, the application of this principle can be challenging in practice…more

Canada, Federal Court Litigation, Intellectual Property Litigation, Intellectual Property Protection, Inventions

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Sheldon Hamilton

[Webinar] Cross-border IP strategies for IP owners and litigators - September 18th, 2:00 pm PDT

Explore skinny labelling & obviousness in Canada and Australia - If you are an intellectual property (IP) owner, a litigator or an in-house legal professional managing IP litigation in multiple jurisdictions, don’t miss this…more

Australia, Canada, Cross-Border, FDA Approval, Hatch-Waxman

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Irshaad Hashim

Costs awards in Canadian IP proceedings – update and future directions

Most IP litigation in Canada takes place in the Federal Court. Pursuant to the Federal Courts Rules1, the Court has a broad discretion in awarding costs. However, the Federal Court will typically order the losing party to pay…more

Canada, Cost Recovery, Damages, Dispute Resolution, Intellectual Property Litigation

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Brandon Heard

Government of Canada announces first pharmacare agreements

Update: The Government of Canada announced an agreement with the Yukon ($9.5 million over four years). The agreement text is available in the updated National pharmacare bilateral agreements resource…more

Contraceptives, Federal Funding, Government Agencies, Health Insurance, Healthcare

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Graham Hood

Upcoming changes to Canada’s trademarks regime: what brand owners and their counsel need to know

On April 1, 2025, long-awaited amendments to Canada’s Trademarks Act and Trademarks Regulations will come into force. The purpose of the amendments is to discourage abuse of Canada’s trademarks regime and to improve the…more

Canada, Canadian Intellectual Property Office (CIPO), Corporate Counsel, Intellectual Property Protection, Non-Use of Trademarks

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Lynn Ing

Alexion awarded injunction against Amgen in SOLIRIS patent action; Court considers anticipation by incorporation by reference

The Federal Court has granted Alexion a declaration of infringement and an injunction preventing Amgen from manufacturing, using, and selling its proposed biosimilar eculizumab product, BEKEMV, in Canada until the expiration of…more

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Olivier Jean-Lévesque

[Webinar] Developing a sound global trademark filing strategy: key considerations and best practices - November 21st, 12:00 pm - 12:45 pm ET

Join us for an insightful webinar with our trademark experts, who will guide you through the complexities of global trademark filing. Over this 45-minute session, you will learn how to protect and expand your brand…more

Brand, Clearance, Entrepreneurs, Foreign Trademark, Intellectual Property Protection

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Alexandra Johnson Dingee

Cleaning up the Act: Canada's new greenwashing laws

Last year, we discussed the ever-increasing interest in green branding and how marketing claims related to the environment are receiving increased scrutiny by Canadian regulatory authorities. It should therefore come as no…more

Canada, Competition Act, Deceptive Intent, Greenwashing, Marketing

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Yoon Kang

[Webinar] Canada: The New Frontier For U.S. IP Owners - December 4th, 12:00pm ET

Canada is increasingly becoming a hot bed for IP litigation involving U.S. IP owners, and provides a highly favourable forum from a procedural, substantive law and litigation costs perspective. American companies have seen…more

Canada, Intellectual Property Protection, IP Litigation, Patents, Trademarks

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Jamie-Lynn Kraft

Is your trademark in use? CIPO targets “deadwood” in 2025 and what you should expect

Beginning in January 2025, the Canadian Trademarks Office (CIPO) will start proactively and unilaterally (i.e., without a request by a third party) sending notices to registered trademark owners requiring them to prove that they…more

Canada, Canadian Intellectual Property Office (CIPO), Competition, Federal Pilot Programs, Non-Use of Trademarks

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Victor Krichker

When patents expire but royalty payments don’t: contrasting U.S. and Canadian approaches to patent licensing

How does the expiration of the patents in one jurisdiction impact global royalty payments? This question was addressed by the United States Court of Appeal’s Ninth Circuit in C.R. Bard Inc v Atrium Medical Corporation, Case No…more

Appeals, Canada, Compliance, Contract Terms, Intellectual Property Litigation

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Nora Labbancz

Canadian Trademark Law 2023: A Year in Review

2023 was an active year in Canadian trademark law. Canadian Courts addressed a wide range of issues, from licensing to comparative advertising to co-branding. Notable changes also emerged from the Canadian Trademarks Office…more

Advertising, Bad Faith, Brand, Canada, Canadian Intellectual Property Office (CIPO)

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Nicole LaBerge

CDA update: new five-year strategic plan and position statement on using AI in health technology assessments

On April 15, 2025, Canada’s Drug Agency (CDA) released its new five-year strategic plan, Insight to Impact 2025-2030. Formerly the Canadian Agency for Drugs and Technologies in Health (CADTH), this is the CDA’s first strategic…more

Algorithms, Artificial Intelligence, Canada, Health Technology, Healthcare

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Y. Artemis Lai

Canada adopts three-step framework for assessing patentable subject matter in Benjamin Moore

Recently the Federal Court released a decision establishing a new three-step legal framework for assessing patentable subject matter, particularly as it relates to the patentability of computer-implemented inventions, in…more

Canada, Canadian Intellectual Property Office (CIPO), Intellectual Property Protection, Patent Applications, Patent-Eligible Subject Matter

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Daphne Lainson

Top 10 patent and regulatory things you need to know when bringing a biopharma product to Canada

Canada is an attractive market for pharmaceutical manufacturers. While universal healthcare does not currently extend to drugs in an outpatient setting, most Canadian consumers have some form of drug coverage through government…more

Biopharmaceutical, Biotechnology, Canada, Generic Drugs, Life Sciences

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Adam Lakusta

Accelerating Canadian Plant Breeders’ Rights (PBR) applications with foreign Distinctness, Uniformity and Stability (DUS) test results

In Canada, Plant Breeders’ Rights (PBRs) provide breeders exclusive rights for up to 25 years for tree and vine varieties and 20 years for all other plant varieties, ensuring breeders can benefit from their innovations. To…more

Agribusiness, Agricultural Sector, Canada, Intellectual Property Protection, International Trade

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Philip Lapin

You’ve got mail: new (sort of) automated analysis of goods and services for Nice Classification for upcoming trademark registration renewals in Canada

Last week, the Canadian Trademarks Office began issuing “pre-assessment letters” for certain trademark registrations which have never been classified under the Nice Classification system. The Nice Classification system was…more

Canada, Filing Deadlines, Renewal Options, Trademark Registration, Trademarks

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Julie Larouche

Interlocutory injunctions: powerful tools for trademark owners in Canada

A recent Canadian decision illustrates how powerful interlocutory injunctions can be for trademark owners involved in trademark infringement litigation in Canada. On January 2, 2024, in Amer Sports Canada Inc v Adidas Canada…more

British Columbia Supreme Court, Canada, Fashion Industry, Intellectual Property Protection, Interlocutory Injunctions

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Guillaume Lavoie Ste-Marie

No parley for pirates: Federal Court (Canada) grants innovative remedy to combat sports piracy

In Rogers Media Inc et al v John Doe 1 et al, 2024 FC 1082, the Federal Court (Canada) (the Court) issued the first site-blocking judgment allowing the applicants to simultaneously protect live content in multiple sports leagues…more

Anti-Piracy, Canada, Innovation, Internet Service Providers (ISPs), NBA

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Jeff Leuschner

Canada’s new Patent Rules: twelve notable changes and tips

On December 1, 2018, the Canadian government released its proposed new Patent Rules in the Canada Gazette, Part I. This is one of the last steps necessary for implementing significant changes to Canada’s patent law, which are…more

Amended Complaints, Canada, New Rules, Patent Applications, Patent Fees

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Chen Li

New PMPRB Draft Guidelines outline administrative process for excessive price hearing recommendations

As we previously reported, on December 19, 2024, the Patented Medicine Prices Review Board (PMPRB) released its Draft Guidelines for PMPRB Staff regarding Administrative Process for Excessive Price Hearing Recommendation (Draft…more

Drug Pricing, Government Agencies, Patents, Pharmaceutical Industry, Prescription Drugs

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Lei Liu

Celebrating World IP Day 2024

For World IP Day 2024, we asked three of our practitioners three questions, all related to the World Intellectual Property Organization’s 2024 theme of IP and the SDGs: Building our common future with innovation and creativity. …more

Artificial Intelligence, Canada, Climate Change, Health Technology, Innovation

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Kwan Loh

Canadian trademark law 2024: a year in review

In this article, we review a number of notable Canadian trademark cases from 2024 and highlight key developments in Canadian trademarks practice. On February 5, 2025, join us for an insightful webinar as we deliver a roundup of…more

Appeals, Canada, Enforcement, Intellectual Property Litigation, Intellectual Property Protection

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Brigide Mattar

Supporting Canada’s green transition: the untapped potential of CIPO’s Green Technologies Program

Since at least 2009, Canada has consistently ranked among the top ten countries for patent filings related to climate change mitigation and adaptation technologies. This is no surprise given Canada’s patent friendly courts and…more

Applications, Artificial Intelligence, Canada, Canadian Intellectual Property Office (CIPO), Climate Change

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Emily Miller

Protecting trade secrets and confidential business information in Canada

Businesses can prevent third parties from misusing their valuable and commercially sensitive business information and trade secrets through contracts and the common law in Canada…more

Breach of Confidence, Canada, Confidential Information, Confidentiality Agreements, Disclosure Requirements

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Iris Ngo

Canadian patent law 2024: a year in review

2024 was an active year in Canadian patent law, with the Federal Court issuing several decisions on the merits regarding invalidity and/or infringement. The courts also considered issues of the regulation of patent agents, due…more

Canada, Claim Construction, Indefiniteness, Intellectual Property Protection, Patent Applications

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Matthew Norton

Protecting trade secrets and confidential business information in Canada

Businesses can prevent third parties from misusing their valuable and commercially sensitive business information and trade secrets through contracts and the common law in Canada…more

Breach of Confidence, Canada, Confidential Information, Confidentiality Agreements, Disclosure Requirements

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Evan Nuttall

Failed second bite at the cherry (pie): Federal Court invalidates foreign-language marks filed in bad faith

The Federal Court recently had occasion to revisit the issue of confusion between foreign-language trademarks involving the use of Chinese characters in Canada…more

Canada, Foreign Language, Intellectual Property Protection, Trademark Litigation, Trademarks

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James Jun Pan

CIPO shines spotlight on patenting in climate change mitigation technologies

With the Paris climate agreement having recently come into effect, climate change mitigation technologies have been the focus of widespread discussion and debate. The Canadian Intellectual Property Office (CIPO) has added to the…more

Canada, Canadian Intellectual Property Office (CIPO), Climate Change, Expedited Approval Process, Fast Track Process

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Nancy Pei

2024 highlights in Canadian life sciences IP and regulatory law

In 2024, the Rx IP Update team at Smart & Biggar reported on a number of developments in Canadian life sciences IP and regulatory law. Highlights from 2024 are below; see also our top ten Rx IP Update reads of 2024…more

See all updates »

Mark Pidkowich

Accelerating Canadian Plant Breeders’ Rights (PBR) applications with foreign Distinctness, Uniformity and Stability (DUS) test results

In Canada, Plant Breeders’ Rights (PBRs) provide breeders exclusive rights for up to 25 years for tree and vine varieties and 20 years for all other plant varieties, ensuring breeders can benefit from their innovations. To…more

Agribusiness, Agricultural Sector, Canada, Intellectual Property Protection, International Trade

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Patrick Roszell

In-house counsel primer: Managing IP and compliance risks in artificial intelligence and a digital world

In today’s competitive innovation economy, digital technologies and artificial intelligence (AI) tools are increasingly used in business transformation and growth. In-house counsel at companies across industries need to be…more

Artificial Intelligence, Compliance, Data Privacy, Digital Services, Information Technology

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Francesca Roy

Quebec’s French language requirements for commerce and business: reform of the Charter of the French language

This article provides an overview of French language requirements in Quebec for commerce and business under the Charter of the French language (RLRQ c. C-11) (the French Charter) and the Regulation respecting the language of…more

Canada, Compliance, Enforcement, French Language Requirements, Government Agencies

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David Schwartz

Relief under Canada’s stringent “due care” standard for missed maintenance fees? Federal Court requires CIPO to consider events beyond the final opportunity for correction

In Matco Tools Corporation v Canada (Attorney General), 2025 FC 118 (Matco Tools), the Federal Court found that a decision by the Commissioner of Patents to refuse to reinstate a patent application following the failure to pay a…more

Abandonment, Appeals, Canada, Canadian Intellectual Property Office (CIPO), Due Care

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Reagan Seidler

Canadian Trademark Law 2023: A Year in Review

2023 was an active year in Canadian trademark law. Canadian Courts addressed a wide range of issues, from licensing to comparative advertising to co-branding. Notable changes also emerged from the Canadian Trademarks Office…more

Advertising, Bad Faith, Brand, Canada, Canadian Intellectual Property Office (CIPO)

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Michael Sgro

Relief under Canada’s stringent “due care” standard for missed maintenance fees? Federal Court requires CIPO to consider events beyond the final opportunity for correction

In Matco Tools Corporation v Canada (Attorney General), 2025 FC 118 (Matco Tools), the Federal Court found that a decision by the Commissioner of Patents to refuse to reinstate a patent application following the failure to pay a…more

Abandonment, Appeals, Canada, Canadian Intellectual Property Office (CIPO), Due Care

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Jeffrey Slater

IP protection for your product’s design and function is a smart investment

This article provides helpful advice for companies wanting to protect their IP rights and increase their profits. Smart & Biggar IP experts detail the importance of investing in industrial design or design patents to ensure your…more

Canada, Design Patent, Industrial Design, Intellectual Property Protection, Patents

See all updates »

Theodore Sum

Supreme Court of Canada rules on Crown copyright

On Thursday September 26, 2019, the Supreme Court of Canada issued its highly anticipated decision in Keatley Surveying Ltd v Teranet Inc (2019 SCC 43), finding that the Province of Ontario holds copyright in plans of survey…more

Canada, Class Action, Copyright, Government Copyrights, Indicia of Control

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Kohji Suzuki

Strong trademark jumps the language barrier; foreign-language mark refused in Canada

Unlike in the United States, brand names in foreign languages are not automatically protected in Canada. No “doctrine of foreign equivalents” exists to expand a brand owner’s monopoly across linguistic lines. This leaves even…more

Brand, Intellectual Property Protection, Trademark Application, Trademark Infringement, Trademark Litigation

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Benjamin Todd

When patents expire but royalty payments don’t: contrasting U.S. and Canadian approaches to patent licensing

How does the expiration of the patents in one jurisdiction impact global royalty payments? This question was addressed by the United States Court of Appeal’s Ninth Circuit in C.R. Bard Inc v Atrium Medical Corporation, Case No…more

Appeals, Canada, Compliance, Contract Terms, Intellectual Property Litigation

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Alice Tseng

Evolving pharmacy landscape signals more stringent regulatory scrutiny of “patient steering”

The pharmacy landscape has evolved considerably over the past year, shining a spotlight on pharmacy “patient steering”, the practice of directing patients to certain preferred pharmacies. Though Quebec has long required that…more

Compliance, Federal Trade Commission (FTC), Life Sciences, Pharmaceutical Industry, Pharmacies

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David Walters

Navigating unity of invention and double patenting issues: practical strategies for patent protection in Canada

Unity of invention and double patenting law and practice in Canada can create challenges for patent applicants. For example, applicants may not expect a unity of invention objection to be raised, requiring claims to be cancelled…more

Canada, Canadian Patent Office, Fees, Innovation, Intellectual Property Protection

See all updates »

Jeremy Want

Costs awards in Canadian IP proceedings – update and future directions

Most IP litigation in Canada takes place in the Federal Court. Pursuant to the Federal Courts Rules1, the Court has a broad discretion in awarding costs. However, the Federal Court will typically order the losing party to pay…more

Canada, Cost Recovery, Damages, Dispute Resolution, Intellectual Property Litigation

See all updates »

Tamara Céline Winegust

Upcoming changes to Canada’s trademarks regime: what brand owners and their counsel need to know

On April 1, 2025, long-awaited amendments to Canada’s Trademarks Act and Trademarks Regulations will come into force. The purpose of the amendments is to discourage abuse of Canada’s trademarks regime and to improve the…more

Canada, Canadian Intellectual Property Office (CIPO), Corporate Counsel, Intellectual Property Protection, Non-Use of Trademarks

See all updates »

Urszula Wojtyra

2024 highlights in Canadian life sciences IP and regulatory law

In 2024, the Rx IP Update team at Smart & Biggar reported on a number of developments in Canadian life sciences IP and regulatory law. Highlights from 2024 are below; see also our top ten Rx IP Update reads of 2024…more

See all updates »

Skylar Yoo

Canadian Patent Law 2021: A round-up of interesting developments and court decisions

2021 saw changes in Canadian patent legislation, and a variety of court decisions addressing rarely interpreted provisions of the Patent Act, early consideration of recently enacted provisions, and new takes on central tenets of…more

Canada, Canadian Intellectual Property Office (CIPO), Corporate Counsel, Intellectual Property Protection, Inventive Concept Test

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Sanro Zlobec

Quebec’s “IP Box”: A tax incentive for the commercialization of IP

Innovation from research & development (R&D) can be protected by intellectual property (IP) rights of various kinds, including patents, copyright and plant breeder’s rights. To encourage companies to invest locally in R&D that…more

Canada, Intellectual Property Protection, Patents, Research and Development, Software

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