Intellectual Property Litigation

Intellectual Property Litigation

Intellectual Property Litigation

Intellectual property litigation involves the litigation of intellectual property disputes. Intellectual property disputes involve disagreements regarding the right to ideas, creations and inventions. The owner of the intellectual property files a dispute against the infringer of the intellectual property once potential infringement is realized.

Where does Intellectual Property Litigation take place?

Intellectual property disputes in Canada generally take place in Federal Court and the Federal Court of Appeal. In Federal Court, the nature of the proceeding, the parties, and the issues are often identified. Applications do not explicitly state “intellectual property” within the style of cause or proceeding, but applications include the “judicial review” title in registry searches.

What kinds of IP issues are heard in Federal Court?

The most common issue heard in Federal Court is trade mark infringement. The second most common issue is copyright infringement. Other matters include patent infringement, applications of judicial review, trade mark expungements, trade mark appeals, trade mark oppositions, and patent impeachment.

What kinds of IP issues are heard in Judicial Review?

Judicial review matters include patent and patented medicine disputes, copyright matters, trade mark disputes, industrial design disputes, and plant breeders’ rights disputes. Although these are the most common matters heard in judicial review, these matters are not exhaustive.

Statutes that litigants must be aware of include:

• Copyright Act, RSC, 1985
• Federal Courts Act, RSC 1985
• Industrial Design Act, RSC 1985
• Trade-marks Act, RSC 1985
• Patent Act, RSC 1985.

While the statutes and legislation above are not exhaustive, they are regulations that require some understanding prior to proceeding with or defending an intellectual property case.

If you’re a potential litigant or defendant requiring legal representation, get in touch with one of our intellectual property litigation attorneys. Call us at 604-930-9578 or 1-800-930-9986. Our experienced counsel are ready to assist you with your case.