IP Litigation

While intellectual property matters may be heard in provincial courts, they are usually dealt with in the Federal Court of Canada, which has concurrent jurisdiction. Further, unlike provincial courts, the Federal Courts exercise specialized jurisdiction for intellectual property law proceedings, amongst other issues arising out of federal statutes. The Federal Courts have Canada-wide jurisdiction and enforcement powers. In practice, this means that a person located in Ontario may initiate an intellectual property action or lawsuit against a person in British Columbia for an act that took place in Alberta. If a decision is rendered in favour of the plaintiff, the…

IP litigation focuses on the defence and enforcement of IP rights, under the Trademarks Act, Patent Act, Copyright Act, Industrial Design Act, and related trade secrets. Examples of when an IP litigation lawyer may be required include: If you are an artist, and your designs are being sold online or on products without your permission (copyright infringement); You are a trademark owner, and you noticed your trademark (or a similar one), being used by others (i.e., trademark infringement); You are a writer, and another author alleges that your work copies theirs/infringes on their copyright; and / or You want to…