IP Explained: Understanding Moral Rights (Video)

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...

It is commonly presumed in professional regulation that standards of practice for the profession must be written to be enforceable. However, this is not a correct presumption...

Bill 47, the draft Automobile Insurance Act, prepared to usher in the anticipated private no fault insurance scheme to Alberta was released by the Provincial Government on March 24, 2025. While many of the details remain unknown until the release of anticipated regulations, the draft bill is far more detailed than other bills the Government has issued in recent years which have almost all of the content contained in regulations.

A recent Ontario Superior Court case highlights the balance between employee privacy and an employer's duty to investigate workplace harassment.

On August 23, 2014, Shawna Biegel experienced a severe bicycle accident in Banff. She was launched over the handlebars of her bike, knocking herself unconscious and suffering a significant brain injury.

Alberta's freeze/thaw cycles create icy conditions that increase slip-and-fall risks for property owners, managers, and businesses.

The Nova Scotia Court of Appeal's recent Queen's Marque case sheds new light on the role of statutory declarations in construction disputes...

Under Alberta's Prompt Payment and Construction Lien Act, a contractor performing work for a tenant may have lien rights against the landlord's interests in the property the contractor improved.

In Ontario, a lien claimant must bring its action to trial promptly. Further, even if two liens relate to the same project, one may not be enforced in the action of the other if the lands in question.

Choosing a Friday or pre-holiday possession date may seem convenient, but it often leads to delays, extra costs, and stress.

Planning for the future is essential for peace of mind, but many Albertans overlook the possibility of mental or physical incapacity. While personal directives and enduring powers of attorney provide vital safeguards...