The seminar surveys the process of intellectual property litigation in Canada and gives students an opportunity to acquire and apply practical skills and judgment litigating intellectual property (e.g. copyrights, patents, industrial designs, and trademarks). While the litigation experience is applicable to all Canadian jurisdictions, the focus of this Court is on the Federal Courts, where most such cases are litigated. Evidence (e.g. fact evidence and expert evidence), motions (e.g. pleadings motions and motions for bifurcation), and remedies (e.g. damages, accounting of profits, and injunctive relief), are considered. 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.
Method of Evaluation: Preparation of pleadings, case briefs, and factums: 60%; moot 40%.