Canada: Copyright

Canada's intellectual property landscape has undergone significant transformation with the April 2025 trademark amendments, March 2026 CIPO patent guidance on software and AI, and evolving trade secret protections.

Canada's intellectual property laws provide comprehensive protection through federal legislation covering patents, copyrights, and trademarks. The country has signed major international agreements including TRIPS, CPTPP...

Foreign companies launching products in Canada often overlook industrial design registration, one of the most cost-effective forms of IP protection available. Copyright protection for product appearance is significantly restricted once a design is reproduced in quantities exceeding 50 copies, making industrial design registration the primary statutory protection for commercially manufactured products.

The Federal Court has introduced new guidelines requiring parties in intellectual property proceedings to identify potential summary judgment or summary trial motions early in the litigation process and participate in mandatory case management conferences before filing such motions. These amendments establish clear timelines, screening mechanisms, and procedures designed to ensure summary proceedings advance rather than delay dispute resolution.

CanLII, Canada's free legal database, and Caseway, an AI legal research platform, have reportedly reached a settlement in their copyright dispute over the use of legal case data for artificial intelligence training purposes. The resolution addresses concerns about unauthorized use of publicly available legal materials and the boundaries of AI development in the legal technology sector.

A recent Ontario Court of Appeal decision clarifies when employers can claim copyright ownership over work created by employees, revealing that even when an employee secretly builds a competing product while on the payroll, the employer may have no copyright claim if the work falls outside the employee's actual job responsibilities. The ruling underscores critical gaps in employment agreements and highlights five practical steps employers should take to protect their intellectual property rights.

For World IP Day 2026, we connected with members of our Trademarks team for a short interview, reflecting on this year’s theme from the World Intellectual Property Organization – IP and Sports: Ready, Set, Innovate.

An Alberta court has granted an injunction preventing a former CEO from launching an AI-enhanced education software product that competes with his previous employer's existing application. The ruling examines whether artificial intelligence enhancements alone can differentiate a new product from being considered competitive, while scrutinizing the executive's fiduciary duties and the enforceability of restrictive covenants negotiated during a business acquisition.

Every day, consumers rely on trademarks to identify and select goods and services from businesses that they know and trust. Over time, trademarks come to represent not only...