IP Basics

Litigation Basics

IP Litigation in Canada

Intellectual Property disputes in Canada may be brought before Provincial and Federal courts. Where a change to the trade-mark or patent registration is sought as a remedy, this must be determined by the Federal Court of Canada.

The Federal Court of Canada

The Federal Courts of Canada consist of the Federal Court of Canada and the Federal Court of Appeal. The main office of the Federal Court of Canada is located in Ottawa, and regional offices of the Federal Court are located in every province and territory across Canada.

Federal Court Disputes

The Federal Court of Canada hears infringement actions and attacks on the validity of intellectual property rights. The Federal Court of Canada hears appeals of decisions from the Patent Office, for example a decision not to grant a patent. The Federal Court of Canada also hears appeals of decisions from the Trade-marks Office, for example a decision not to register a trade-mark, or an appeal of an Opposition decision or Section 45 decision.

Decisions of the Federal Court of Canada may be appealed to the Federal Court of Appeal. Decisions of the Federal Court of Appeal may be appealed to the Supreme Court of Canada. Leave of the Supreme Court of Canada must be granted before this Court will hear an appeal.

To learn more about IP Basics click on the links below.

Trade-mark
Patent
Copyright
Industrial Design

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