Canada: Intellectual Property

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Intellectual property law and copyright law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering topics such as licensing and syndication, patent law, trade secrets and trademark law.

Old Brand, New Problems? Nike’s Attempt To Revive "Total 90” Soccer Cleats

Although Nike originally launched the “Total 90” line in 2000, and once held a corresponding trademark registration, it allowed that registration to lapse in 2019.

GL

Goodmans LLP

Dormant DINs Revisited: MFN Pricing And The Evolving Impacts On Canada’s Patent Linkage Regime

Developments since then, including renewed U.S. attention to most‑favored‑nation (“MFN”) drug pricing have heightened the legal and policy concerns associated with that notice. In our view, those concerns merit renewed scrutiny.

F

Fasken

A Strategic Guide To IPON: How Ontario Innovators Can Protect, Commercialize And Fund Their IP (And What’s New In 2026)

Ontario’s innovation economy continues to mature, yet there is a persistent and material gap in how businesses approach intellectual property (IP). Only a small minority of Canadian companies adopt a formal IP strategy, and even fewer actively secure their intangible assets through patents, trademarks and other IP registrations. According to the Government of Canada’s own evaluation of its National IP Strategy, just 8% of small firms hold a formal IP strategy, compared with 42% of large organizations.

MT

Miller Thomson LLP

Paul Bain And Ciara Halloran Wrote The Canadian Chapter, "The Legal Regulation Of Art In Canada: Copyright, Moral Rights, And Cultural Property," For The International Publication, Art Law: A Practitioner's Guide To Art Law Around The World.

Paul Bain and Ciara Halloran wrote the Canadian chapter for the international publication, Art Law: A Practitioner's Guide to Art Law Around the World, released earlier this month.

DW

Dickinson Wright PLLC

Think You Own Everything Your Employees Create? The Ontario Court Of Appeal Says Otherwise

TM

Torkin Manes LLP

Same Defence, Better Facts: Federal Court Allows Amendments To Bolster Prior Use Allegation

MT

McCarthy Tétrault LLP

Don’t Get Red-Carded: The FIFA Compliance Rules That Could Derail Your FIFA World Cup 2026™ Marketing

WL

WeirFoulds LLP

SCAMS, SCAMS, SCAMS: None Are Good, All Are Bad

ML

McMillan LLP

UK Update On Copyright In The Age Of Generative Artificial Intelligence

C

Cassels

From The Eras Tour To The End Zone To The Storefront: Managing Deepfakes With A Thoughtful Trademark Strategy

DL

Dale & Lessmann LLP

“Since 1717” When Heritage Becomes Misleading In Trademark Law

European Union IP

GW

Gowling WLG

FCA Upholds Finding Of Non-Infringement For Frozen French Fries Patent

OW

Oyen Wiggs Green & Mutala LLP

Principals Noel Courage And Ainslie Parsons Explore Strategies For Protecting New Plant Varieties Across Key Markets

SB

Smart & Biggar

Star Power Vs Prior Rights: Taylor Swift’s “Showgirl” Trademark Dispute

GW

Gowling WLG

How To Master The 24-Month Holding Period Requirement For QSBC Shares And Lifetime Capital Gains Exemption In Canada

RS

Rotfleisch & Samulovitch P.C.

Digging Into Change: Ontario Proposes Updates To Archaeological Assessment Standards

Canada Real Estate

DH

Davies Howe

Should You Incorporate? The Tax Advantages Of A Canadian-Controlled Private Corporation (CCPC)

Canada Commercial

DS

Devry Smith Frank LLP

International Crypto Fraud Crackdown: How CRA Treats Tax Losses From Crypto Scams In Canada

RS

Rotfleisch & Samulovitch P.C.

QSBC Shares And The 24 Month Holding Period Requirement

L

Linmac

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Related Country Guides

Patent Litigation

Trademark Disputes

Copyright

Paul Bain And Ciara Halloran Wrote The Canadian Chapter, "The Legal Regulation Of Art In Canada: Copyright, Moral Rights, And Cultural Property," For The International Publication, Art Law: A Practitioner's Guide To Art Law Around The World.

Paul Bain and Ciara Halloran wrote the Canadian chapter for the international publication, Art Law: A Practitioner's Guide to Art Law Around the World, released earlier this month.

DW

Dickinson Wright PLLC

Think You Own Everything Your Employees Create? The Ontario Court Of Appeal Says Otherwise

The Ontario Court of Appeal's recent decision in Nexus Solutions Inc. v. Krougly examines when employers automatically own copyright in works created by their employees.

TM

Torkin Manes LLP

Don’t Get Red-Carded: The FIFA Compliance Rules That Could Derail Your FIFA World Cup 2026™ Marketing

Toronto and Vancouver are about to be on the global stage during the FIFA World Cup 2026™, and we anticipate that the attention won’t stop at the stadiums and official fan zones.

WL

WeirFoulds LLP

From The Eras Tour To The End Zone To The Storefront: Managing Deepfakes With A Thoughtful Trademark Strategy

DL

Dale & Lessmann LLP

UK Update On Copyright In The Age Of Generative Artificial Intelligence

C

Cassels

Employer Or Employee: Who Owns The Copyright?

C

Cassels

Celebrating World IP Day 2026

SB

Smart & Biggar

Alberta Court Grants Injunction To Prevent Former CEO From Launching A Competing AI-Enhanced Product

Canada Technology

MA

MLT Aikins LLP

Trademarks For Businesses – Part 1: Understanding What A Trademark Is

SB

Smart & Biggar

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Licensing & Syndication

From The Eras Tour To The End Zone To The Storefront: Managing Deepfakes With A Thoughtful Trademark Strategy

As generative AI makes it increasingly difficult to distinguish real from synthetic content, deepfakes pose mounting risks to high-profile figures and brands across sports, entertainment, and franchising.

DL

Dale & Lessmann LLP

Facing The Music: Copyright Controversy In Olympic Figure Skating

The 2026 Winter Olympics in Milan Cortina delivered two unforgettable weeks of historic performances, and figure skating once again proved it is one of the event's crown jewels.

AB

Aird & Berlis LLP

Understanding IP Infringement Risk In Typeface Use In AI-Generated Content

In the world of design, typefaces and fonts are essential tools that help convey a brand's identity, evoke emotions and communicate messages effectively.

BJ

Bennett Jones LLP

Licence To Film: Surveillance In Accident Benefits Claims (Video)

SB

SBA Lawyers LLP

Fragmented And Shifting CRISPR Patent Landscape: Global Proceedings And The Patent Pool Solution

GW

Gowling WLG

No Cherry Picking Here: Canadian Cherry Patent Victory In U.S. Agribusiness Intellectual Property Case

F

Fasken

Licensing vs. Franchising: Understanding The Difference In Ontario

Pacific Legal PC

IP Licensing Primer Part Four: Payment And Quality Control

MA

MLT Aikins LLP

IP Licensing Primer Part Three: Term And Termination

MA

MLT Aikins LLP

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Patent

Dormant DINs Revisited: MFN Pricing And The Evolving Impacts On Canada’s Patent Linkage Regime

Developments since then, including renewed U.S. attention to most‑favored‑nation (“MFN”) drug pricing have heightened the legal and policy concerns associated with that notice. In our view, those concerns merit renewed scrutiny.

F

Fasken

A Strategic Guide To IPON: How Ontario Innovators Can Protect, Commercialize And Fund Their IP (And What’s New In 2026)

Ontario’s innovation economy continues to mature, yet there is a persistent and material gap in how businesses approach intellectual property (IP). Only a small minority of Canadian companies adopt a formal IP strategy, and even fewer actively secure their intangible assets through patents, trademarks and other IP registrations. According to the Government of Canada’s own evaluation of its National IP Strategy, just 8% of small firms hold a formal IP strategy, compared with 42% of large organizations.

MT

Miller Thomson LLP

Same Defence, Better Facts: Federal Court Allows Amendments To Bolster Prior Use Allegation

The Federal Court in Kobold Corporation v NCS Multistage Inc. addressed whether a defendant could amend its pleadings to strengthen a prior use defence after losing a summary judgment motion on that same defence. The decision clarifies the scope of the 'best foot forward' principle and distinguishes between summary judgment motions and summary trials in patent litigation.

MT

McCarthy Tétrault LLP

SCAMS, SCAMS, SCAMS: None Are Good, All Are Bad

ML

McMillan LLP

FCA Upholds Finding Of Non-Infringement For Frozen French Fries Patent

OW

Oyen Wiggs Green & Mutala LLP

Principals Noel Courage And Ainslie Parsons Explore Strategies For Protecting New Plant Varieties Across Key Markets

SB

Smart & Biggar

Fintech Patents: Allowance Trends At The Canadian Patent Appeal Board

BJ

Bennett Jones LLP

Alberta Announces New Intellectual Property Office And Releases Technology And Innovation Strategy 2.0

GW

Gowling WLG

Les aspects réglementaires et liés à la propriété intellectuelle encadrant les médicaments vétérinaires au Canada

Canada Healthcare

SB

Smart & Biggar

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Trade Secrets

Data Is A Key Resource For The Future Of Mining - And IP Strategy Is Key For Commercialization

The mining industry’s move toward autonomous and semi‑autonomous operations is already underway, but it is now entering a new phase and the industry is taking notice.

MC

Marks & Clerk

AI Generated "Slop" And Overreliance On Summaries: How IP Value Gets Diluted

This AI Insights Quick Read series examines a growing risk for innovation-driven businesses: how routine generative AI use can weaken confidentiality, compromise legal review, and erode the value of intellectual property.

Canada Technology

BJ

Bennett Jones LLP

US v Heppner’s Lessons For Canada: AI Use, Confidentiality And IP Exposure

This AI Insights Quick Read series examines a growing risk for innovation-driven businesses: how routine generative AI use can weaken confidentiality, compromise legal review...

Canada Technology

BJ

Bennett Jones LLP

Best Practices In Determining A Transfer Price: 2026 Transfer Pricing Guide – Part 1

MT

McCarthy Tétrault LLP

Launch And Protect: The Role Of Intellectual Property In The Canadian Space Sector

Canada Transport

GW

Gowling WLG

From Farm To Fund: A Practical Guide To Canadian Agritech M&A

Canada Commercial

MT

Miller Thomson LLP

Under The Hood: How Defence Startups Really Protect IP

AB

Aird & Berlis LLP

Canadian Trade Secrets: Year In Review 2025

C

Cassels

IP Protection For Canadian Firms Working In South America's Burgeoning Mining Sector

GW

Gowling WLG

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Latest Videos

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Who Has The Rights To Your Voice On A Podcast?

GR

Gardiner Roberts LLP

Licence To Film: Surveillance In Accident Benefits Claims (Video)

SB

SBA Lawyers LLP

Is Your Song Ready For A TV Or Film Placement? — Pitfalls To Avoid (Video)

EC

Edwards Creative Law

IP Basics: Patent Transactions (Podcast)

GW

Gowling WLG

The YouTube-ification Of Canadian Copyright Law (Video)

PL

Procido LLP

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