Person: Tom Tessier

Where is the protection of patents in Canada?

There is a big problem with how Canada deals with goods infringing on patents being imported in Canada. In a nutshell, Canada doesn’t. Canada can seize goods at the border that infringe on a copyright or a trademark. But there is no general mechanism for goods infringing on a Canadian patent. Sure, my legal advisors tell me that in exceptional circumstances a court injunction could be obtained. But this is very rare.