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Lorelei Graham

Food and Agribusiness Lawyer, IP Lawyer, Litigation Lawyer at Bennett Jones Toronto

Partner

It is clear that the global push for green innovation is no longer just aspirational, it is structural. Over the past decade, countries around the world have implemented a mosaic of policies to accelerate environmentally friendly technologies, many of which intersect with intellectual property. But intellectual property (IP) is just one piece of a much larger innovation puzzle.
Increasingly, we see that financial incentives, regulatory frameworks and IP protections are working in tandem to drive green agri-tech. Incentives can include tax credits, substantial grants supporting climate-smart agriculture, subsidies for carbon farming, or &ldquo;patent box&rdquo; regimes offering reduced tax rates on income from green IP, all of which then shape the behavior of startups and researchers alike. However increasingly the conversation is expanding beyond patents and grants into including carbon markets.

Fast Tracks and Green Gaps Part V

Fast Tracks and Green Gaps Part V: From Carrots to Carbon Credits: How the World is Powering Green Agri-Tech Beyond IP

The United States Patent and Trademark Office's decision to cancel its Climate Change Mitigation pilot program for patents has not gone unnoticed in Canada. For Canadian policymakers and agri-tech innovators, this move by the United States raises two big questions: (1) How might this affect Canada&rsquo;s own intellectual property&nbsp; strategy for green tech, and (2) could it create opportunities for Canada (and others) to take the lead in certain climate-tech domains?
A particular area of interest is carbon-capture agri-tech, technologies that help farming not just reduce emissions but actively capture carbon (for instance, special crops or soil treatments that lock away carbon dioxide or farm machinery that traps greenhouse gases). These innovations are crucial for meeting climate goals and could become a competitive arena internationally.

Fast Tracks and Green Gaps Part IV

Fast Tracks and Green Gaps Part IV: Shifting Gears: How the United States' Exit from Climate Protection Fuels Canada's IP Advantage

Across the Atlantic, the European Union (EU) and its member states have also been encouraging climate-resilient agri-tech innovation, but their approach to intellectual property incentives has been a bit different. The European Union has set ambitious climate goals (like achieving climate neutrality by 2050) and launched the European Green Deal, a broad policy agenda to support sustainable technologies. While funding and regulations (such as support for sustainable farming practices) are big parts of the EU strategy, there is also recognition that IP rights play an important role in fostering innovation. However, unlike Canada or the recent US pilot program, Europe has not implemented a unified “green channel” for patent examination at the European Patent Office.

Fast Tracks and Green Gaps Part III

Fast Tracks and Green Gaps Part III: Green Without the Label: Europe's Pragmatic IP Approach to Agri-Tech Innovation

The United States has long been a major player in both agri-tech innovation and the intellectual property (IP) landscape. In the past, the United States Patent and Trademark Office (USPTO) offered its own version of a green patent fast-track to encourage climate-friendly inventions. Notably, in 2009 to 2011 the USPTO ran a Green Technology Pilot Program that prioritized examination for certain eco-friendly patents. The pilot ended in 2012, but more recently the USPTO brought back the idea in June 2022, with the Climate Change Mitigation Pilot Program, which was essentially an accelerated examination program for patent applications directed to fight climate change. Under this program, inventions designed to reduce or monitor greenhouse gas emissions, including many clean energy, sustainability or climate-smart agriculture innovations, could be examined out of turn. Importantly, like Canada’s program, the US pilot did not charge the usual petition fee for expediting. The goal was to spur green tech by making it faster and cheaper to secure IP rights.

Fast Tracks and Green Gaps Part II

Fast Tracks and Green Gaps Part II: Innovation Interrupted: What the End of the USPTO's Green Program Means for Agri-Tech

Stephen D. Burns

Technology Lawyer, Intellectual Property Lawyer at Bennett Jones Calgary

Partner, Trademark Agent

Matthew Flynn

Technology Transaction Lawyer at Bennett Jones Toronto

J. Sébastien A. Gittens

Intellectual Property and Technology Commercialization Lawyer at Bennett Jones Calgary

AI transcription tools offer efficiency and accuracy in the boardroom but create risks to confidentiality, privacy and legal privilege. Organizations should adopt clear policies, safeguards and training to ensure responsible use and compliance with governance standards.

AI Notetaking in the Boardroom

Steven L. Major KC

Commercial Dispute, Construction, Fraud, Police and Personal Injury Lawyer at Bennett Jones Calgary

Drew C. Broughton

Corporate Commercial and M&A Lawyer at Bennett Jones Calgary

Kevin Myson

Corporate, Commercial Transaction, Energy, Natural Resource and M&A Lawyer at Bennett Jones Calgary

Canada is navigating a "wild frontier" in the energy industry, with a unique opportunity to forge successful and sustainable partnerships both domestically and internationally. This was the rallying call at the Energy Business Forum during the 74th Canadian Energy Executive Association (CEEA) conference in Banff, Alberta, where industry leaders gathered to share visions for the future of Canada's energy landscape.

Key Takeaways From the Wild Frontier Energy Business Forum CEEA 74

Key Takeaways From the "Wild Frontier" Energy Business Forum at CEEA '74

Melanie Teetaert

Commercial Litigation Lawyer at Bennett Jones Vancouver

Jennifer (Jenn) K. Choi

Associate

Maruska Giacchetto

This article examines the Ontario Court of Appeal's decision in J.P. Thomson Architects Ltd. v Greater Essex County District School Board, 2025 ONCA 378, which provides critical clarification on the interpretation of multi-step dispute resolution (MSDR) clauses. MSDR clauses, commonly used in commercial contracts, outline escalating steps such as negotiation, mediation, and arbitration to resolve disputes. The Court addressed ambiguities in the drafting of MSDR timelines, emphasizing that specified timeframes should be interpreted as minimum waiting periods rather than strict deadlines. The decision overturned a lower court ruling that barred a party from arbitration due to a perceived failure to meet a 30-day mediation request deadline. This article highlights the importance of precise drafting in MSDR clauses, discusses the implications of the Court's decision, and provides practical guidance for parties drafting or negotiating dispute resolution provisions in commercial agreements.

Do you need to rush to mediate - Ontario Court of Appeal

Do You Need to Rush to Mediate? Ontario Court of Appeal Clarifies Interpretation of Multi-Step Dispute Resolution Clause

Bennett Jones Supporting Canada's Path to Becoming Global Agri-Food Superpower

Authors


Bennett Jones Announcement Bennett Jones Supporting Canada's Path to Becoming Global Agri-Food Superpower May 27, 2024 Authors Lorelei GrahamPartner Bioenterprise Canada has launched a national roundtable series designed to identify and unlock Canada’s global agri-food superpower potential. Bennett Jones announced its partnership with Bioenterprise earlier this year. The roundtable series kicked off in Calgary on April 29, 2024, with the first of seven provincial and regional roundtables to identify and understand the barriers keeping Canadian food-tech and agri-tech entrepreneurs from successfully commercializing their innovations. Lorelei Graham, Partner and Head of the Agribusiness Industry Team at Bennett Jones says, “Canada’s potential to become a global agri-food superpower is rooted in its abundance of natural resources, leading research institutions, and a strong focus on sustainable agricultural practices. We are proud to support this initiative that will improve the successful commercialization of agri-food innovations and keep those companies in Canada. This will help drive economic growth, reduce our carbon footprint and contribute to food security.” Bioenterprise, Canada’s Food & Agri-Tech Engine, is leading the drive to create a better, more comprehensive national agri-food innovation environment with the support Bennett Jones and other partners. Share by Email Social Media Download Download Subscribe Republishing Requests For permission to republish this or any other publication, contact Amrita Kochhar at kochhara@bennettjones.com. For informational purposes only This publication provides an overview of legal trends and updates for informational purposes only. For personalized legal advice, please contact the authors. Authors Lorelei Graham, Partner • Head of Agribusiness Industry Team Toronto • 416.777.6547 • grahaml@bennettjones.com