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ARTICLE · 30 APRIL 2018

Canada's IP Strategy Announcement – A Litigator's Perspective

McMillan LLP
McMillan LLP
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McMillan LLP

McMillan LLP

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On April 26, 2018 Minister Bains announced Canada's Intellectual Property ("IP") Strategy.

CanadaIntellectual Property

On April 26, 2018 Minister Bains announced Canada's Intellectual Property ("IP") Strategy. While details will be forthcoming over the next several months, to a litigator some of the information in the information posted on the Government of Canada website regarding the strategy is worthy of comment even at this early stage. For our comprehensive review of the strategy in its entirety, click here.

A section of the information is devoted to new IP legislative changes. The following are some of the topics addressed, and this litigator's perspective of their potential impact on Canadian business.

Minimum requirements for patent demand letters

The announcement states that new regulations "will mandate that basic information (e.g. patent number and product or activities) will need to be included in a demand letter alleging infringement". This proposal describes information that is usually included in most demand letters that are sent by Canadian lawyers. However,

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