Recognition

Recognition of Bayo Odutola by the Law Society of Upper Canada, the professional body that regulates...

IP Litigation

  1. What is IP litigation?
  2. Why is IP litigation usually in the Federal Court?


What is IP litigation?

IP litigation focuses on the issues specific to and that may arise under the Trade-marks Act, Patent Act, Copyright Act, Industrial Design Act and related rights such as trade secrets. Whereas commercial litigation deals with general types of business problems and is usually limited to a province.

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Why is IP litigation usually in the Federal Court?

While IP matters may be heard in provincial courts, they are usually dealt with in the Federal Court of Canada which has concurrent jurisdiction.

Further, unlike provincial courts, the Federal Courts exercises specialized jurisdiction for IP proceedings and various issues arising out of federal statutes. The Federal Courts have Canada wide jurisdiction and enforcement powers. In practice, this means that a person located in Ontario may initiate an action or lawsuit against a person in British Columbia for an act that took place in Alberta. If a decision is rendered in favour of the plaintiff, the plaintiff may enforce its judgment in Alberta without the need for recognition by the Province of Alberta.

If you have an IP related business problem, we can help you in the following areas:

  • Trade-marks
  • Copyrights
  • Industrial designs
  • Licensing
  • Franchise disputes
  • Marketing and advertising
  • Food and drugs
  • Trade secrets
  • E-commerce
  • Computer law
  • Counterfeit enforcement
  • Pharmaceuticals
  • Domain name disputes

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