Share on LinkedInShare on LinkedIn

ARTICLE · 14 OCTOBER 2026

Intellectual Property In Canada: Protecting And Enforcing Your IP Assets

Miller Thomson
Miller Thomson
Contributor

Miller Thomson

Miller Thomson LLP ("Miller Thomson") is a national business law firm with approximately 500...

View firm profile
Explore more from Miller Thomson

Canada's intellectual property landscape has undergone significant transformation with the April 2025 trademark amendments, March 2026 CIPO patent guidance on software and AI, and evolving trade secret protections.

CanadaIntellectual Property

Who this is for: GCs, CTOs, brand managers, and IP counsel at foreign companies entering the Canadian market, licensing technology into or out of Canada, acquiring Canadian businesses with IP portfolios, or filing patents, trademarks, or copyright registrations in Canada.

The assumption that costs foreign IP owners the most: Foreign companies entering Canada most commonly make three IP mistakes: they assume their U.S. or European trademark registrations protect them in Canada. They do not, as Canada requires a separate filing and the registration system changed significantly in 2019; they assume their U.S. patent portfolio covers their Canadian operations. It does not, as Canadian patents must be obtained separately, claim construction differs, and the 2026 Canadian Intellectual Property Office (CIPO) guidance on software and AI patentability diverges materially from U.S. practice); and they assume copyright works the same way as at home. It largely does, but moral rights, which

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

See more popular content from