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 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.

In part one of our IP licensing primer series, we broached the concept of IP licensing and explained how the type of IP...

On July 17, 2024, the Canadian Intellectual Property Office (CIPO) launched a new electronic system and portal, MyCIPO Patents, as part of its Next Generation Patents initiative.

When it comes to intellectual property (IP) litigation in Canada, most suits can be brought in either the Federal or provincial courts.

Le 25 juillet 2025, Santé Canada a publié son rapport statistique annuel 2024-2025 sur le Règlement sur les médicaments brevetés (avis de conformité), la protection des données et les certificats de protection supplémentaire.