Best Practice In Litigation Strategies: Global Perspectives

For a Canadian patent application to be examined, an applicant must file a request for examination with the Canadian Intellectual Property Office (CIPO). In most cases, the order in which applications are examined is based on the order that the requests for examination are received. An applicant may be able to accelerate examination of their patent application through several existing mechanisms, including advancing examination via special order, accelerating examination of applications related to green technology, and the Patent Prosecution Highway (PPH).

The rapid expansion of data centre infrastructure has made these facilities a focal point for technological innovation and intellectual property investment. From server configurations to advanced cooling systems, the technologies deployed inside data centres represent significant R&D expenditure and competitive advantages. Patent protection offers operators and developers opportunities to safeguard innovations...

The Canadian Intellectual Property Office has introduced a new pilot program offering accelerated patent examination for innovations in two critical areas. What technologies qualify for expedited processing, and how can patent applicants take advantage of this limited opportunity?

The Trademarks Opposition Board recently upheld a registration for the FRÜH & DESIGN trademark covering top fermented beers, demonstrating that clear evidence of use can successfully defend against section 45 proceedings. This decision illustrates how straightforward documentation of sales, distribution networks, and delivery records proved sufficient to maintain trademark protection in Canada.

Fraudulent communications targeting intellectual property rights holders are becoming increasingly sophisticated, often impersonating legitimate professionals or government offices. Understanding how these schemes operate and recognizing warning signs can help protect your valuable IP assets from exploitation.

Canada's new Patent Term Adjustment system offers compensation for delays in patent issuance, but qualifying depends on meeting specific eligibility requirements and strategic prosecution decisions. Understanding how the CIPO's "chess clock" philosophy works and implementing key strategies like deferred examination and timely maintenance fee payments can significantly impact whether meaningful term adjustments are granted.

The Trademarks Opposition Board's recent ruling in Therrien Couture Joli-coeur v Oldcastle Building Products clarifies the evidentiary standards trademark owners must meet when responding to section 45 notices under Canada's Trademarks Act. This decision highlights critical distinctions between evidence of actual transfers versus mere advertising, and underscores the necessity of providing specific proof for each registered good to avoid expungement.

Canadian patent law provides mechanisms for restoring priority claims when applications are filed after the standard 12-month priority period expires. Understanding the specific requirements, timelines, and criteria for restoration across regular Canadian applications, PCT national phase entries, and international stage PCT applications can help applicants preserve earlier filing dates and avoid self-anticipation issues.

Obtaining a trademark registration provides several benefits for businesses. Trademark registrations can help protect your rights and serve as assets that may be leveraged through licensing or used as collateral. However, obtaining a trademark registration in multiple jurisdictions can be a costly endeavour, and it can be difficult to prioritize where and when to seek registration to maximize protection.

The Saskatchewan Court of King's Bench has issued Canada's first damages award for plant breeders' rights infringement, adopting patent law principles to quantify substantial damages in a case...

Canada's privacy regulator has released new draft guidance establishing comprehensive due diligence standards for organizations evaluating third-party service providers under PIPEDA. The framework introduces eleven best practices covering everything from data flow mapping and AI training data sourcing to vendor lock-in risks and ongoing monitoring obligations, signaling heightened expectations for privacy accountability in vendor relationships.

The Government of Canada has amended the Physical Activities Regulations, removing certain intraprovincial energy projects and facilities regulated by the Canada Energy Regulator from the federal Impact Assessment Act's Project List. This regulatory change eliminates automatic federal oversight for fossil fuel-fired power plants and specific oil sands facilities, while transferring assessment responsibilities for interprovincial pipelines and transmission lines to the Canada Energy Regulator, potentially re

The BC Court of Appeal has reaffirmed the courts' gatekeeping role at certification, upholding a lower court's refusal to certify a privacy class action where plaintiffs failed to provide any evidentiary basis for their central allegation that shopping mall directory software recorded facial images and converted them into biometric data. This decision clarifies the evidentiary burden required to satisfy the "some basis in fact" standard at the certification stage in British Columbia.

The Government of Canada has introduced new rules governing the second allocation period for electric vehicle imports from China, increasing the available quota to 33,397 vehicles while maintaining strict permit requirements and a first-come, first-served allocation system. Global Affairs Canada signals potential intervention measures to ensure equitable access, particularly for original equipment manufacturers and new market entrants navigating this highly regulated import regime.

The Ontario Court of Appeal has ruled that employees are entitled to continued vesting of RSUs and equity-based compensation during the statutory notice period, striking down forfeiture provisions that attempt to end vesting immediately upon termination. In a landmark decision awarding Dr. Wigdor nearly US$4.7 million in unvested RSUs, the Court clarified that equity compensation constitutes a "term or condition of employment" protected under the Employment Standards Act. What does this mean for employers w

Following the Trump administration's imposition of 50% tariffs on Canadian exports worth C$27.6 billion, Prime Minister Carney has announced comprehensive countermeasures targeting American goods. The Canadian response includes dollar-for-dollar retaliatory tariffs ranging from 15% to 50% on US products, alongside C$7.5 billion in support programs for affected workers and businesses. What relief measures and remission frameworks are available to Canadian importers navigating this escalating trade dispute?

The Bank of Canada (the Bank) has begun to exercise its enforcement powers under the Retail Payment Activities Act (RPAA), publishing its first enforcement decisions involving Notices of Violation against payment service providers (PSPs). Each published enforcement decision to date has involved a zero dollar administrative monetary penalty (AMP).

The Court of Appeal for Ontario has resolved conflicting lower court decisions on employment termination clauses, clarifying when language permitting termination "at any time" or "for any reason" remains enforceable under provincial employment standards legislation. This landmark ruling establishes new interpretive principles that will reshape how courts evaluate the validity of termination provisions in employment agreements across Ontario's non-union workplaces.

This article examines Build Canada Homes' strategic use of the Buy Canadian policy and government lands in addressing Canada's housing challenges. The analysis explores both the implementation of these approaches and the significant critiques and challenges facing BCH and the broader commercial real estate sector.

Change of control provisions are a common feature of commercial leases, yet, in practice, their meaning and operation remain a recurring source of uncertainty.