The seminar surveys the process of intellectual property litigation in Canada and gives students an opportunity to acquire and apply practical skills and judgment in enforcing and maximizing the value of copyright, patent, design, and trademark rights. The focus is the Federal Court, where most such cases are litigated. Expert evidence, bifurcation, and remedies in light of the Federal Court Rules are considered in light of their purpose, policy, and practice.
Students will be exposed to all stages of a case from the perspective of the party suing and the party being sued: advising the client, preparing pleadings, briefing witnesses, discovery, drafting written arguments, and judgment writing. The seminar culminates in preparing for and participating in a moot. Teaching may be by Zoom.