Sending Cease and Desist Letters in Canada

August 11, 2020

This article, originally published in the July/August 2020 issue of IP Litigator magazine, looks at the potential risks associated with sending a cease and desist letter to an alleged infringer of intellectual property rights in Canada.  Read about it here.

Newsroom Articles

Handbags and Ochre and Hearts, Oh My!: A Survey of Canadian Trademark Applications for Textures, Holograms, Motions and Colours

Sarah O'Grady

In June 2019, the Canadian Intellectual Property Office (“CIPO”) began accepting applications for certain new types of non-traditional marks. We surveyed the applications filed to date for marks indexed as textures, holograms, motions, or colours per se. Our research revealed that the majority of such applications have been improperly (perhaps inadvertently) filed in these categories and/or failed to include the information and details required by CIPO.

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Know Your Role: Federal Court Considers its Jurisdiction

Antonio Turco

The Federal Court of Canada is a creature of statute and only possesses the jurisdiction that has been conferred by statute. However, many claims include subject matter both inside and outside of that jurisdiction. The question of when the Federal Court can and should accepted matters is not always easy. A couple of recent cases highlight that tension.

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Watch What You Say! Prosecution History Estoppel in Canada

Santosh K. Chari

In Canada, the use of patent prosecution history in litigation proceedings was strictly impermissible until 2018, when the Patent Act was amended. The Act now allows certain submissions made during prosecution to be introduced as evidence for construing granted claims.  This practice is now regularly invoked when patent claims are asserted and the accused infringer seeks to limit their scope.

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