Intellectual Property

The Federal Court has jurisdiction to resolve disputes regarding intellectual property (IP) rights, including the following:

  • Patents and patented medicines;
  • Copyright;
  • Trademarks;
  • Industrial designs;
  • Integrated circuits;
  • Plant breeders’ rights.

While provincial superior courts have concurrent jurisdiction for enforcement of Intellectual Property rights, the country-wide jurisdiction of the Federal Court gives it the ability to grant relief throughout Canada in a single proceeding.

Relevant Statutes

Copyright Act, RSC, 1985, c. C-42

Federal Courts Act, RSC 1985, c. F-7

Industrial Design Act, RSC, 1985, c. I-9

Integrated Circuit Topography Act, SC 1990, c. 37

Patent Act, RSC, 1985, c. P-4

Plant Breeder’s Rights Act, SC 1990, c. 20

Trade-marks Act, RSC, 1985, c. T-13

Court Guidelines

Case management: Increased Proportionality in Complex Litigation before the Federal Court

Guidelines for Actions under the Amended PMNOC Regulations

Case Management Guidelines for NOC Applications 

(still apply to proceedings filed before September 21, 2017);

Intellectual Property (experimental testing)

Streamlining Complex Litigation (2009)

Speeches

Presentation-Justice-Manson_e.pdf- The Honourable Justice Michael D. Manson, January 19, 2017.

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