Intellectual Property for Litigators 2025

Course Chair
Christopher S. Wilson — Norton Rose Fulbright Canada LLP, Vancouver

About the Course Chair
Chris Wilson has been practicing intellectual property litigation for 25 years and is recognized by L'expert as one of the "Most Frequently Recommended" Intellectual Property lawyers in Canada. He is also recognized as a "Litigation Star" by Benchmark Litigation, has been named "Intellectual Property Lawyer of the Year" for Vancouver by Best Lawyers, and is recognized by World's Leading Trademark Professionals and others in the area of intellectual property litigation.

Chris acts as lead counsel in trademark, copyright, patent, and trade secrets litigation across Canada. His cases include precedent-setting decisions dealing with topics such as Internet keyword advertising and domain names, the constitutionality of Canada's official marks regime, contempt for violation of an intellectual property injunction, and one of the largest monetary judgments for breach of confidence in Canadian history.

In his practice, Chris manages IP across numerous industries, including alcoholic beverages, software and video games, consumer products, traditional and e-commerce retailers, public authorities and regulatory bodies, financial services, natural resources, and many others. As a former software programmer, his practice includes all manner of issues relating to the Internet, and he is the founding president of the Canadian Chapter of the International Wine Law Association.

Faculty
Mat Brechtel — Seastone IP LLP, Vancouver
Aubin P. Calvert — Hunter Litigation Chambers, Vancouver
Andy Chow — MLT Aikins LLP, Vancouver
R. Nelson Godfrey — Gowling WLG (Canada) LLP, Vancouver
Claire Mazzini — Corporate Counsel, Microsoft Canada, Montreal
Beverley Moore — Borden Ladner Gervais LLP, Ottawa

Click here for full faculty bios

Course Introduction and Land Acknowledgement (9:00 – 9:10)

Raymond Lee — Program Lawyer, CLEBC, Vancouver
Christopher S. Wilson — Norton Rose Fulbright Canada LLP, Vancouver

The Evolution of Trade Secrets Under CUSMA (9:10 – 10:10)

What you need to know as a Canadian about trade secrets if there is a cross-border element to the dispute.

Mat Brechtel — Seastone IP LLP, Vancouver

BREAK (10:10 – 10:15)

Trademark Expungement, Oppositions, and "Bad Faith" Under the Amended Trademarks Act (10:15 – 11:15)

Recent Federal Court case law has established a high bar for what constitutes "bad faith" application for and registration of trademarks. This session will examine the standard established by the court, and practice points to be learned from the existing case law.

R. Nelson Godfrey — Gowling WLG (Canada) LLP, Vancouver

BREAK (11:15 – 11:25)

It's Not Forum Shopping, Really! (11:25 – 11:55)

Jurisdictional, strategic, and tactical factors shaping the decision on where to pursue intellectual property remedies within Canada.

Beverley Moore — Borden Ladner Gervais LLP, Ottawa

LUNCH (11:55 – 1:00)

Insights and Applications of Generative AI for Lawyers (1:00 – 1:45)

A Q&A session that will introduce GenAI and explore its integration into legal workflows, discussing mindset, practical use cases, and best practices while considering the capabilities and limitations of the technology. The session will also touch on Court Practice Directions and Bar Association guidelines.

Claire Mazzini — Corporate Counsel, Microsoft Canada, Montreal
Christopher S. Wilson — Norton Rose Fulbright Canada LLP, Vancouver

BREAK (1:45 – 1:50)

Online IP Remedies (1:50 – 2:35)

A discussion ranging from the latest on site-blocking orders in Federal Court post-Equustek to practical tips on investigating, pleading, and obtaining remedies for online activities.

Christopher S. Wilson — Norton Rose Fulbright Canada LLP, Vancouver

BREAK (2:35 – 2:45)

Canadian Patent Litigation (2:45 – 3:35)

This session will explore several developments in Canadian patent litigation, including decisions on the overbreadth ground of invalidity, the independence of experts, limitation periods for infringement, file wrapper estoppel, and patent-agent privilege.

Andy Chow — MLT Aikins LLP, Vancouver

BREAK (3:35 – 3:45)

Territorial Competence and Forum Non Conveniens: A Case Study (3:45 – 4:15)

Analyzing the framework of the Court Jurisdiction and Proceedings Transfer Act in the context of parallel litigation over breach of confidence, conversion, and passing off claims in BC and California.

Aubin P. Calvert — Hunter Litigation Chambers, Vancouver

Closing Remarks (4:15 – 4:20)

Christopher S. Wilson — Norton Rose Fulbright Canada LLP, Vancouver