Here’s a comprehensive overview of the recent changes to Canadian Intellectual Property (IP) laws and statutes in 2025, and what business owners and professionals need to know to stay compliant and competitive:
🔑 Key Changes to IP Laws in Canada (2025)
1. Trademark Law Overhaul (Effective April 1, 2025)
Major amendments to the Trademarks Act and Regulations have come into force:
Proof of Use Requirement: Owners of trademarks registered for less than 3 years must now show actual use in Canada or justify non-use to obtain relief in court proceedings1.
Registrar’s Expanded Powers: The Registrar can now remove official marks from the register if the public authority no longer exists or is inactive2.
Cost Awards for Misconduct: Costs may be awarded against parties engaging in bad faith, unreasonable delays, or late cancellations in trademark proceedings3.
Confidentiality Orders: Parties can request to keep sensitive evidence confidential during opposition or cancellation proceedings4.
Electronic Service & Expedited Processing: Trademark documents can now be served electronically, and more applications qualify for expedited examination5.
2. Copyright Term Extension
Copyright now lasts for the life of the author plus 70 years, up from 50 years. This change aligns Canada with international standards and offers longer protection for creators and businesses6.
3. Patent System Modernization
Fast-Track Patent Examination: CIPO is exploring new fee-based ultra-fast-track options and expanding eligibility for no-fee accelerated examination (e.g., green tech)7.
AI Integration: Emerging technologies like AI tools are being used to streamline patent processing.
Simplified Appeals: Patent appeals may now be handled by one-member panels, improving speed and efficiency8.
4. Industrial Design Updates
Businesses can now file multiple designs in a single application, reducing administrative burden and costs9.
🧠 What Business Owners Need to Know
✅ Actionable Insights
Review Trademark Portfolios: Ensure marks are in active use and properly documented to avoid losing rights or facing challenges.
Update Contracts: Include clear IP ownership clauses, especially with contractors and collaborators.
Consider Copyright Registration: Especially for software, content, and AI-generated works—registration strengthens enforcement.
Prepare for Cost Risks: Avoid procedural delays or bad faith filings to prevent financial penalties in trademark disputes.
Leverage Fast-Track Options: For patents, especially in tech or green innovation, explore accelerated examination pathways.
🛡️ Strategic Recommendations
Consult IP Counsel: Legal advice is crucial for navigating new rules, especially around trademark use and enforcement.
Educate Teams: Ensure marketing, R&D, and legal departments understand the implications of these changes.
Monitor Official Marks: If your business has been blocked by an official mark, new rules may allow you to challenge it.
Disclaimer:
The content on this website is provided for general informational purposes only and does not constitute legal or professional advice. Visitors are encouraged to seek specific legal guidance by contacting the lawyers at CRS Law Collective or their own legal counsel regarding any particular matter. CRS Law Collective does not guarantee the accuracy, completeness, or currency of any information on this website. The materials published here are current as of their original publication date and should not be relied upon as accurate, complete, or applicable to any specific situation.
If you have further questions or concerns, please contact Carson Law and one of our lawyers would be happy to help.
905.336.8940 x 1000
info@carsonlaw.ca
