Why is IP litigation usually in the Federal Court?

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 plaintiff may enforce its judgment in Alberta, without the need for recognition by the Province of Alberta. As such, in our law firm’s 25 years of experience, we’ve been able to help clients in Ottawa, Toronto/GTA, and across Canada.

As intellectual property is governed by its own unique set of laws, we would highly recommend seeing an experienced intellectual property boutique firm for assistance.

If you find yourself with an intellectual property issue, we can help in the following areas:

  • Trademarks
  • Copyrights
  • Industrial designs
  • Licensing
  • Franchise disputes
  • Marketing and advertising
  • Food and drugs
  • Trade secrets
  • E-commerce
  • Computer law
  • Counterfeit enforcement
  • Pharmaceuticals
  • Domain name disputes

For some of our representative intellectual property litigation work, see https://cease-and-desist.com/ for more details.