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ARTICLE · 22 JANUARY 2026

Canadian IP Litigation 2025: A Year In Review

Smart & Biggar
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In 2025, Canadian courts addressed a range of issues in intellectual property litigation. Highlights included the imposition of jail time on contumacious copyright pirates, appellate guidance on patent claim construction...

CanadaIntellectual Property
Daniel Davies
Daniel Davies
Julie E. Larouche
Julie E. Larouche
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In 2025, Canadian courts addressed a range of issues in intellectual property litigation. Highlights included the imposition of jail time on contumacious copyright pirates, appellate guidance on patent claim construction, and a near complete shift to lump-sum costs awards in patent cases.

1. Federal Court issues incarceration order against Defendants in copyright infringement case

In Bell Media Inc v Macciacchera (2025 FC 1378), the Federal Court issued an order to incarcerate copyright pirates who defied a court order.

In the underlying action, the Plaintiffs claimed that the Defendants were key individuals behind the operation of an IPTV Service that provided unauthorized access to pirated movies, TV broadcasts and other content.

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The preceding is intended as a timely update on Canadian intellectual property and technology law. The content is informational only and does not constitute legal or professional advice. To obtain such advice, please communicate with our offices directly.

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