Avoiding IP Quicksand: Lessons From ITP SA v. CNOOC Petroleum North America ULC

On April 14, 2025, the Federal Court of Canada issued a decision that serves as a reminder of the potential consequences of failing to manage intellectual property diligently within large infrastructure projects. In particular, the decision highlights the importance of cataloguing company intellectual property, the value of "further assurances" clauses in employment and contractor agreements and the need for careful drafting of licenses to intellectual property to ensure freedom to conduct reasonably anticipated business activities.

Background facts: ITP's rights and CNOOC's allegedly infringing activities

ITP SA v. CNOOC Petroleum North America ULC, 2025 FC 684, concerned a copyright dispute that arose between ITP SA (ITP), a French corporation specializing in the design and manufacture of pipe-in-pipe systems for industrial projects, and CNOOC Petroleum North America ULC (CNOOC), an oil and gas company based in Alberta.