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.

Canada's Intellectual Property Office has introduced a new expedited examination program for patent applications in critical technology sectors. The Key Technology Expedited Program waives the advanced examination fee and promises first office action within seven months for qualifying applications related to critical minerals supply chain innovations.

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.

The Canadian Intellectual Property Office has issued new guidance on when trademark applicants can redact postal addresses or remove documents from public records. Understanding these strict requirements and exceptional circumstances is crucial for protecting privacy while maintaining compliance with Canada's trademark registration transparency obligations.

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.

The rapid expansion of data centre infrastructure has made these facilities a focal point for technological innovation and intellectual property investment. From server configurations to advanced cooling systems, the technologies deployed inside data centres represent significant R&D expenditure and competitive advantages. Patent protection offers operators and developers opportunities to safeguard innovations...

Recent US case law has raised the possibility that the common practice of including an expiry date in a non-disclosure agreement or "NDA" (also known as a confidentiality agreement)...

Canada's Trademarks Opposition Board has introduced new requirements for handling confidential evidence in trademark proceedings, mandating the use of Canada Post's secure digital platform.

Canada's Intellectual Property Office has introduced a new expedited examination program for patent applications in critical technology areas, including a dedicated stream for innovations related to the processing, extraction, and refining of minerals on Canada's critical minerals list. The program offers accelerated patent examination on a first-come, first-served basis with specific eligibility requirements and annual application limits.

For a Canadian patent application to be examined, an applicant must file a request for examination with the Canadian Intellectual Property Office (CIPO). In most cases, the order in which applications are examined is based on the order that the requests for examination are received. An applicant may be able to accelerate examination of their patent application through several existing mechanisms, including advancing examination via special order, accelerating examination of applications related to green technology, and the Patent Prosecution Highway (PPH).

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.

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.

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.

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.

The National Cyber Security Centre emphasizes five critical areas requiring director-level attention: risk management, strategy, people, incident planning and response, and assurance oversight. Organizations must establish robust governance frameworks to address evolving cyber threats and ensure comprehensive resilience across their operations.

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.

Canada's new Productivity Mega Deduction promises to slash the marginal effective tax rate on business investment to just 6.4%, positioning the country as the most competitive G7 nation for capital deployment. This permanent tax incentive extends immediate expensing to roughly 65% of capital assets, fundamentally reshaping the economics of investing in Canadian operations across manufacturing, energy, technology, and resource sectors.

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.

On September 21, 2026, the federal government introduced Bill C-39, the Building Canada Strong Act. It is the latest and most comprehensive instalment in a series of federal reforms that began in 2025 with the Building Canada Act and the creation of the Major Projects Office.

Yesterday, the Federal Court released David Robert Wells v Canada (Attorney General) et al and Sandra Frances Wells v Canada (Attorney General) et al, reported together in 2018 FC 483...