Canada: Intellectual Property

On June 8, 2012, Genentech’s lawsuit seeking a declaration that US Patent No. 6,733,752 was invalid and not-infringed by Genentech’s trastuzumab product (HERCEPTIN).

Health Canada specifically contemplates certain proteins as SEBs in its Guidance, although Health Canada has not limited SEBs to only particular classes of drugs.

On May 23, 2012, the Federal Court held that Merck Frosst Canada Ltd. ("Merck") is liable to Apotex Inc. ("Apotex") for damages under section 8 of the Patented Medicines (Notice of Compliance) Regulations (the "Regulations"), but exercised its discretion to reduce the amount of compensation payable based on a defence of ex turpi causa.

The Federal Court of Appeal released an important decision comprehensively reviewing the notice and notice regime in the Copyright Act (the "N&N regime") in Voltage Pictures v. Robert Salna 2025 FCA 131.

On July 16, 2025, a long-running effort by several film studios to have claims of copyright infringement decided by way of reverse class action reached a further impasse. In Voltage Pictures v Robert Salna...

Statutory damages can be substantial, particularly where many works are infringed.

In a major legal win for Canadian agribusiness innovation, Agriculture and Agri-Food Canada (AAFC) has successfully defended its intellectual property rights in the United States over the Staccato cherry, a late-ripening variety developed in Summerland, British Columbia.

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.

In part one of our IP licensing primer series, we discussed the concept of IP licensing and how the type of IP being licensed, ownership of the IP and other details can impact licensing agreements.

Despite their similarities and shared historical roots, the patent prosecution processes in Canada and the United States have evolved in distinct ways...

What do you do when someone copies your patented product and starts selling it in the market?

The nuclear sector exemplifies a broader economic transformation: the shift from traditional natural resource-based wealth to wealth generation based in technology and intellectual property ownership.