Enforcement of IP rights can sometimes culminate in litigation. In Canada, as in most jurisdictions, litigation related to IP is rarely inexpensive, with significant costs incurred for both counsel fees and for disbursements as varied as travel, scientific testing and the engagement of expert witnesses. Fortunately, in Canada successful parties are generally entitled to compensation for the costs of bringing their case. Indeed, most IP litigation in Canada occurs in the Federal Courts which have recently evinced an increasing willingness to ensure the adequacy of that compensation even in the most complex cases.
