IP Report - January 2022

The regulations affecting trademarks weren't fully in effect until 2025. More than a year later, the number of complaints against businesses has never been higher.

Are you ready for changes to the Charter of the French Language ("Charter") that will come into force on June 1, 2025? Bill 96 was enacted on June 1, 2022, with its various provisions taking effect...

In Ontario, business owners typically consider franchising versus licensing as they plan to grow their company. Both methods promote growth through the resources of a third party, but they work in dramatically different ways.

CanLII, Canada's free legal database, and Caseway, an AI legal research platform, have reportedly reached a settlement in their copyright dispute over the use of legal case data for artificial intelligence training purposes. The resolution addresses concerns about unauthorized use of publicly available legal materials and the boundaries of AI development in the legal technology sector.

Intellectual property (IP) can add significant value to a business and developing a strong IP portfolio requires investment of both time and resources.

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.

The Supreme Court of Canada has ruled on the patentability of pharmaceutical dosing regimen claims in Pharmascience v Janssen, establishing new legal guidance for determining whether patent claims...

Trademark owners facing expungement for failing to file evidence of use in section 45 proceedings may have recourse through the Federal Court appeal process. The recent Lion Corporation case demonstrates how administrative errors by trademark agents can be remedied, allowing registrants to file additional evidence and potentially reinstate their registrations when the failure was beyond their control.

Foreign companies launching products in Canada often overlook industrial design registration, one of the most cost-effective forms of IP protection available. Copyright protection for product appearance is significantly restricted once a design is reproduced in quantities exceeding 50 copies, making industrial design registration the primary statutory protection for commercially manufactured products.

The Supreme Court of Canada has released its highly anticipated decision in Pharmascience Inc. v. Janssen Inc.1, upholding the validity of Janssen’s patent for a long-acting dosing regimen for the treatment...

Kaitlin Mak is a legal professional at Gowling WLG, a global law firm. This profile page provides information about her practice areas, experience, and professional background. Learn more about her expertise and how she can assist with your legal needs.

Canada has initiated anti-dumping and countervailing duty investigations into truck and bus tires from China, with preliminary determinations expected by November 30, 2026. Producers, exporters, and importers—including companies from Korea, Japan, and Singapore with Chinese operations—face critical September and October deadlines to submit comprehensive responses or risk significantly higher duty rates.

The term "Hansa" has re-emerged in modern geopolitical discourse, most notably through the 2026 Germany-Norway defence cooperation framework. This article examines how the principles of the medieval Hanseatic League—flexible coordination, shared standards, and mutual benefit without centralization—are being adapted to address contemporary challenges in defence, security, and cross-border collaboration.

Starting October 5, 2026, Québec will introduce a new statutory warranty of good working order for consumer goods such as appliances and electronics, with minimum warranty periods ranging from 3 to 6 years. The legislation imposes disclosure obligations on manufacturers and merchants while prohibiting any attempts to exclude or limit this warranty. Businesses operating in Québec must adapt their practices to comply with these consumer protection requirements or face potential compliance issues.

Health Canada's recent enforcement action against unauthorized injectable peptides signals a regulatory shift that wellness companies cannot afford to ignore. While peptides dominate influencer marketing and online wellness spaces, their legal status in Canada depends on factors far more complex than social media trends suggest. Understanding how route of administration, therapeutic claims, and market authorization intersect is now critical for compliance.

While retailers are liable for the accuracy of the prices they advertise, there have been instances in which Québec courts have allowed retailers to successfully allege a pricing error.

Prime Minister Mark Carney announced on September 15, 2026, that the federal government will open Canada’s four largest airports to private investment through long-term concession arrangements. Speaking at the inaugural investment summit, Prime Minister Carney outlined a vision to unlock new capital and operational expertise while retaining public ownership of the underlying land and assets.

Canada has released its Immigration Levels Plan for 2026 - 2028 (the "Immigration Plan") in accordance with Budget 2025.

Canadian governments and producer-responsibility organizations are refining extended producer responsibility programs across the country, affecting packaging, batteries, electronics, and hazardous products. Recent regulatory changes include expanded collection obligations, adjusted compliance timelines, and new enforcement measures, with significant developments in British Columbia, Alberta, Saskatchewan, Manitoba, Ontario, Quebec, and Atlantic provinces.

European Commission President Ursula von der Leyen has invited Canada to become the first associate member of the EU, with Prime Minister Mark Carney accepting the proposal to pursue an "Alliance for the Future." The partnership would build on existing bilateral agreements with Germany, Spain, and Italy, potentially enabling free flow of goods, services, and workers across strategic sectors including energy, critical minerals, artificial intelligence, defence, and advanced manufacturing.