People

Services

Industries

Firm

About

Knowledge

Careers

News

Events

Contact

Connect

Privacy Policy

Disclaimer

Terms of Use

Accessibility

Legal

Calgary

Toronto

Edmonton

Ottawa

Vancouver

New York

Montréal

Vincent M. de Grandpré

Intellectual Property Litigation and Strategy Lawyer at Bennett Jones Toronto

Partner

In two companion appeals relating to patents over television interactive programming guides, the Federal Court of Appeal clarified that a successful patent plaintiff is entitled to an accounting of the defendant’s profits linked to the infringement, unless the defendant shows why the court should not award this remedy. The Court of Appeal also reiterated that a permanent injunction is the expected remedy flowing from the infringement of a Canadian patent, even where the patented invention forms only a small part of the relevant commercial product, and even when the patentee is in the business of licensing, rather than practicing, its invention in Canada.

Canadian Patentees are Presumptively Entitled to  the Remedies of an Accounting of Profits

Canadian Patentees are Presumptively Entitled to  the Remedies of an Accounting of Profits and a Permanent Injunction

Lorelei Graham

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

On May 24, 2024, after nearly 25 years of negotiations, the World Intellectual Property Office announced that member states, including Canada, had agreed to a new <a rel="noopener noreferrer" rel="noopener noreferrer" href="https://www.wipo.int/pressroom/en/articles/2024/article_0007.html" target="_blank">Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge</a>. This Treaty is a long-awaited first step in addressing the relationship between intellectual property over genetic resources and related Indigenous traditional knowledge.

A New International Treaty on Intellectual Property and Indigenous Knowledge

A New International Treaty on Intellectual Property and Indigenous Knowledge and its Potential Impact on Canadian Agricultural Innovation

Shelby Morrison

Commercial Litigation Lawyer at Bennett Jones Toronto

Associate

Ana Nizharadze

In intellectual property cases, parties often agree to split their proceeding between liability and subsequent quantification phases if they believe that a "bifurcation" would simplify the litigation. Bifurcation is justified when it is likely to reduce the complexity of the action and streamline an eventual damages assessment. The courts have held that bifurcation is not justified, however, when its sole rationale is the alleged lack of merit of claims or defences.

Did You Plead That Federal Court Clarifies Bifurcation Motion Complexity in Amazon Case

Did you plead that? On a Bifurcation Motion, Federal Court in Amazon.com Clarifies that Alleged Complexity must Translate from the Pleadings

In Promotion In Motion Inc. v Hershey Chocolate & Confectionery LLC, <a rel="noopener noreferrer" rel="noopener noreferrer" href="https://decisions.fct-cf.gc.ca/fc-cf/decisions/en/item/525397/index.do" target="_blank">2024 FC 556</a>, the applicant PIM Brands appealed the Trademarks Opposition Board's refusal to register trademark applications for SWISSKISS and SWISSKISS & Design covering "Chocolate of Swiss origin". Hershey Chocolate & Confectionary LLC had successfully opposed registration of PIM's applications based on its own prior registrations for KISSES and KISS, covering "solid chocolate candy with or without ingredients such as nuts" and "chocolate candy".

Kissing Registration Goodbye Deficient Online Survey Evidence Cannot Save Application for SWISSKISS

Kissing Registration Goodbye: Deficient Online Survey Evidence Cannot Save Application for SWISSKISS Trademarks

Benjamin K. Reingold

Intellectual Property Litigation Lawyer at Bennett Jones Calgary

Stephen D. Burns

Technology Lawyer, Intellectual Property Lawyer at Bennett Jones Calgary

Partner, Trademark Agent

Online sweepstakes in Canada offer strong marketing potential but face strict legal requirements around compliance, privacy and advertising. With AI now driving personalization, fraud detection and data analysis, businesses must balance innovation with transparency and fairness.

Navigating the World of Online Canadian Sweepstakes

Navigating the World of Online Canadian Sweepstakes: Legal Pitfalls and the Role of AI

Wesley R. Novotny

Corporate Tax Lawyer at Bennett Jones Calgary

Wade Ritchie

Tax Lawyer at Bennett Jones Calgary

Zachary Thacker

Canada has proposed amendments to its employee ownership trust (EOT) rules that improve clarity, reduce risks from disqualifying events, and expand access to the C$10 million capital gains deduction. These changes make EOTs a more practical and attractive succession planning tool for business owners.

New Legislative Proposals Boost the Appeal of Employee Ownership Trusts

Ruth E. Promislow

 Data Security and Privacy, Commercial Litigation Lawyer at Bennett Jones Toronto

Caroline Poirier

Information Technology, Privacy and Data Protection Lawyer at Bennett Jones Montreal

Suzie Suliman

Commercial Transactions Lawyer at Bennett Jones Toronto

Associate, Trademark Agent

Canadian privacy regulators found TikTok improperly collected children&rsquo;s data and lacked valid consent. TikTok will implement new privacy measures, emphasizing stronger protections for youth and transparency under Canadian law.

Joint Privacy Commissioner Investigation of TikTok Key Take Aways

Joint Privacy Commissioner Investigation of TikTok Key Take-Aways

Edwin G. Kroft KC

Tax Litigation Lawyer at Bennett Jones

Antoine Messervier

Tax Lawyer at Bennett Jones Vancouver

Andrew Young

Tax Lawyer at Bennett Jones Toronto

Issue 38 of Bennett Jones on Tax Disputes, published on Taxnet Pro by Thomson Reuters, features a review of notable tax cases, recent court guidance and ongoing appeal activity. This issue includes several articles from members of Bennett Jones&rsquo; Tax group.

Bennett Jones on Tax Disputes Issue 38 September 2025

Bennett Jones on Tax Disputes: September 2025

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

Title Alphabetical

Title

BennettJones

de Grandpre Vincent

Aboriginal Law

Intellectual Property Law