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On October 29, 2018, the federal government introduced the 884-page omnibus Budget Implementation Act, 2018, No. 2, as Bill C-86

All patent rights in Canada derive from the rights of the inventor(s). The term "inventor", however, is not defined in the Patent Act. An inventor must be: (i) the person who first conceives of a new idea or discovers a new thing that is the invention; and (ii) the person that sets the conception or discovery into a practical shape.

Counterfeiting and trademark infringement have evolved beyond traditional marketplaces, creating complex challenges in both physical and digital spaces. Graham Hood and Tamara Céline Winegust discuss practical strategies for brand protection, from border enforcement to online monitoring, and explain why businesses need coordinated, proactive approaches tailored to their specific markets and products.

Often a start-up company's most valuable asset is its intellectual property ("IP") portfolio.

Franchisees play a crucial role in protecting franchise brands, but how exactly do they help maintain trademark rights? This article explores the legal requirements for trademark...

Licensing is ubiquitous in today's marketplace. Many companies are in the business of creating and licensing many forms of intellectual property, not just computer software, but also methods of business operations or service standards.

Recently, the House of Common's Standing Committee on Finance released its report titled, "Confronting Money Laundering and Terrorist Financing: Moving Canada Forward" (the "Report").

Foundational CRISPR patent rights remain fiercely contested, with disputes playing out across multiple jurisdictions.

According to the consulting firm Brand Finance, the value of intangible assets (or IP) soared from 17% of the value of the S&P 500 in 1975 to around 90% in 2022.

A recent Saskatchewan Court of Queen's Bench decision allowed a court-appointed receiver to sell and transfer intellectual property rights free and clear of encumbrances, finding that a license to use improvements of an invention was a contractual interest and not a property interest.

While there has been significant growth in worldwide patent applications filed and patents granted, much intellectual property continues to be protected as a trade secret.

A recent WIPO Survey assessed the use of alternative dispute resolution (ADR) clauses in various technology transactions, and the results make for interesting reading for anyone who is in the business of negotiating technology deals.

A software license gives a customer permission to use the licensed software and do other things that might otherwise be an infringement of the software vendor’s rights.

One of the essential obligations of someone who enters into a business venture with other shareholders of a small corporation is to refrain from engaging in a competing business...

On September 18, 2009, after years of Parliamentary delay dating back to 2005, wide-ranging amendments to Canada's "Companies' Creditors Arrangement Act" (CCAA) and "Bankruptcy and Insolvency Act" (BIA) (the "Amendments") came into force, providing, among other things, new protections for licensees of intellectual property.

On January 1, 2024, fees that are payable to the Canadian Intellectual Property Office (CIPO) for industrial design applications and registrations will increase by at least 25 percent.

One thing that is unlikely to change is the established principle of proving a licensor's control over a mark.