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Costs awards in Canadian IP proceedings – update and future directions

Most IP litigation in Canada takes place in the Federal Court. Pursuant to the Federal Courts Rules1, the Court has a broad discretion in awarding costs. However, the Federal Court will typically order the losing party to pay...more

Accounting of profits offers significant benefits to patent owners

The Canadian “accounting of profits” remedy for patent infringement, which is not available in the U.S., provides a potentially significant opportunity for companies with Canadian IP rights. Recent court decisions have...more

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