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Intellectual Property Enforcement in Canada: The Time it Takes to Move a Case Through the Courts

January-28-2003

Area Litigation, Intellectual Property

Summary


In Canada, the time required for an intellectual property case to reach final determination (including the exhaustion of all appeals) varies widely. There are cases that are determined in as little as two years and some that remain outstanding for as many as nineteen years. On average,  an intellectual property infringement action can be expected to take between three to five years to reach trial. The appeal of the trial result may require at least a further year to be determined. 

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