The following is from Alan Macek's [Dimock Stratton LLP] IPPractice.ca blog on Canadian intellectual property:
Many of the intellectual properties proceedings in Canada are litigated in the Federal Court and Federal Court of Appeal. I have created the following list of proceedings based on listings provided by the Federal Courts website.
The Federal Court identifies the ‘type’ of proceeding (such as ‘Patent Infringement’) which can be used to identify IP proceedings but this is often incomplete because some PM(NOC) applications are coded as generic Judicial Reviews rather than as specifically IP. I have attempted to compensate for this by creating my own list of frequent PM(NOC) litigants and flagging those as IP regardless of the Federal Courts listing.
Three tables generated on August 16, 2011 are included:
- Number of proceedings by type
- List of Federal Court proceedings
- List of Federal Court of Appeal proceedings
The first table shows that 18.6% of the Federal Court proceedings, year-to-date, are intellectual property related. Of these, 9.4% are identified as patent infringement. The largest two categories are trademark infringement and copyright infringement with 36.7% and 17.6%, respectively. See the complete tables here.