Legislative overhauls, injunctions and patent eligibility in Canada

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Legislative overhauls, injunctions and patent eligibility in Canada

Canada flag 100

We recently published a supplement looking at some of the biggest issues facing IP practitioners in Canada

canada20flag.jpg

Managing IP has published a supplement on Canada, looking at some of the biggest issues facing the country’s IP system

Canada is undergoing some profound changes, the most prominent of which is the biggest overhaul of its Trademarks Act in 60 years. Recent legislative tweaks have also been made to the Copyright Act, Patent Act and Industrial Design Act, as well as the Combating Counterfeit Products Act.

In addition to analysing these legislative trends, the supplement also looks at two other important topics in Canada: injunctions in the age of the internet and patent eligibility.

Click on the headlines below to read articles from the supplement.

Some hard Acts to follow

IP practitioners in Canada have had their work cut out keeping on top of the barrage of legislative changes that have come their way in the past two years. Now the challenge is to implement them, reports Michael Loney

Canadian injunctions in the age of the internet

Bradley White, Vincent de Grandpré and Brad Jenkins of Osler discuss what the rise of the internet and the scope for online presence has meant for jurisdictional borders when enforcing IP rights

From antibodies to X-rays: an overview of patent eligibility in Canada

The trend for deciding patentability based on subject-matter eligibility is growing. David Schwartz and Sanro Zlobec of Smart & Biggar look at the situation in Canada, where the relevant jurisprudence remains scant

In addition, further detail was recently given on the implementation of the Trademark Act amendments. It seems these will now occur in 2018, a longer wait than the 2016 or 2017 that the market generally assumed. You can read more on that here.

Since the supplement was published, the final details of the Trans-Pacific Partnership have been announced. Look out for our December/January issue cover story for full analysis of the agreement, including the implications for Canada. The story will be published next month. 

The TPP is causing a lot of concerns in Canada. Jim Balsillie, former co-CEO of Research in Motion, has slammed the deal. “I’m not a partisan actor, but I actually think this is the worst thing that the Harper government has done for Canada… I think in 10 years from now, we’ll call that the signature worst thing in policy that Canada’s ever done,” he told The Canadian Press.

A big change for Canada in the TPP would be changing the copyright protection to 70 years from 50 years.

Prominent digital rights blogger and professor Michael Geist has also been critical of the TPP. He says the implications for digital policies on copyright and privacy should command considerable attention.

“On those fronts, the agreement appears to be a major failure,” Geist wrote in a recent blog post. “Canadian negotiators adopted a defensive strategy by seeking to maintain existing national laws and doing little to extend Canadian policies to other countries. The result is a deal that the US has rightly promoted as ‘Made in America’.”

more from across site and SHARED ros bottom lb

More from across our site

Munich litigation boutique formed by former Taylor Wessing partners continues expansion as it seeks to cement its position in the UPC market
Yvonne Tang and Lim Siau Wen, the second and third IP specialists to sit on the firm’s management committee, say IP is ‘uniquely positioned’ to support cross-practice work
As competing firms come under common ownership, clients may care less about formal conflicts and more about how openly firms discuss them
Facing increased lateral movement and in-house competition, firms are investing in flexible billing hours and tailored career progression to improve associate retention
As the US reflects on 250 years of independence, patent lawyers say innovation is reshaping old hiring priorities, with firms seeking broader IP expertise over specialisation
The Nokia v Acer ruling in the UK suggests arbitration is moving from the sidelines towards the mainstream of global FRAND disputes - and could reshape forum strategy in the process
The Life Sciences Awards is thrilled to present the shortlist for the 2026 Americas Awards
From Türkiye to Poland and Nigeria, firms with deep local roots continue to dominate the top tier, proving that market expertise can outweigh international scale in many CEE, Middle Eastern and African jurisdictions
Former Hoyng Rokh partner Simon Dack takes a leading PMAC role as busy firms continue to jostle for position
Franck Fougere, founder and managing partner of Ananda IP in Thailand, describes how the firm has developed a reputation for patent work and why he believes IP practice is set to change
Gift this article