The Canadian Intellectual Property Office ("CIPO") is running consultations regarding an increase in government fees. The proposed fee structure and other regulatory changes...

Amendments to the Copyright Act introduced in the Budget Implementation Act, 2022, No. 1, which extend the term of copyright in Canada by 20 years from the life of the author plus 50 years...

It may soon be time to budget an additional 20 years to copyright terms in Canada.

DABUS, short for Device for the Autonomous Bootstrapping of Unified Sentience, has suffered another court loss in it's creator's quest for it to be recognized as an inventor...

Following the enactment of Bill 96 in Quebec in June 2022, there has been uncertainty surrounding many of the provisions relating to the new French language...

The Federal Court of Appeal examined whether McCain Foods' patent for treating vegetables using high electric fields was infringed by J.R. Simplot's pulsed electric field systems operating at significantly higher voltages. The case centered on interpreting the term "high electric field" and whether it encompassed the voltage ranges used by the defendant's technology.

The Federal Court recently issued a decision in the case of Olkowski v. College of Patent Agents and Trademark Agents. Mr. Andrew Olkowski applied for judicial review in the Federal Court of a decision...

The Federal Court recently overturned a Trademark Opposition Board (TMOB) decision and ruled in favor of Blaze Pizza, LLC ("Blaze") in its dispute with Carbone Restaurant Group Ltd. ("Carbone").

A Federal Court decision highlights the critical importance of intellectual property clauses in consulting agreements, demonstrating how companies can face substantial statutory damages when they continue using copyrighted works after breaching payment terms with independent contractors. The case examines whether ongoing use of educational materials constitutes copyright infringement when no IP transfer was documented in the original contract.

Canadian artists should take note as an Artist's Resale Right may be on the horizon in Canada. In its 2025 Budget, the Canadian federal government announced its intention to create...

Intellectual Property Ontario (IPON) officially opened for business on 12 October 2022.

Under the Canada–United States–Mexico Agreement (CUSMA), Canada has agreed to provide a means to adjust the term of a patent when the CIPO causes unreasonable delays. The new rules would come into force...

Amendments to the Patent Act introducing patent term adjustment have been tabled as part of Bill C-47 (Budget Implementation Act, 2023, No. 1), which received its first reading on 20 April 2023.

Canadian trademark owners facing a "use" challenge must provide clear, specific, and time-relevant evidence to show use of the trademark...

The Supreme Court of Canada has issued a landmark ruling on whether methods of medical treatment can be patented in Canada, addressing a long-standing prohibition that has shaped the country's intellectual property landscape. The decision examines the boundaries between patentable medical innovations and unpatentable professional medical judgment, with particular focus on dosing regimens and treatment protocols. This ruling provides critical guidance for pharmaceutical companies, patent practitioners, and h

In continuing its efforts to eliminate the backlog in examination of new trademark applications, the Canadian Intellectual Property Office (CIPO) has released new Specificity Guidelines for Good and Services.

Starting in January 2025, the Trademarks Opposition Board (TMOB) will initiate a pilot project to proactively send section 45 expungement notices for a limited number of randomly selected trademark registrations.

Following on our previous post, the Trademarks Opposition Board (TMOB) published a practice notice on 20 January 2025 regarding its Registrar-initiated expungement proceeding pilot project.

Typically, registration of copyright in the United States requires a single application (and application fee) for each work in which copyright registration is applied for.

On 3 February 2023, Getty Images filed a lawsuit in the US against Stability AI, Inc., the company responsible for the text-to-image AI image-generating platform Stable Diffusion.