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Federal Courts Act

Version of section 20 from 2019-06-17 to 2022-07-25:


Marginal note:Industrial property, exclusive jurisdiction

  •  (1) The Federal Court has exclusive original jurisdiction, between subject and subject as well as otherwise,

    • (a) in all cases of conflicting applications for any patent of invention or for any certificate of supplementary protection under the Patent Act, or for the registration of any copyright, trademark, industrial design or topography within the meaning of the Integrated Circuit Topography Act; and

    • (b) in all cases in which it is sought to impeach or annul any patent of invention or any certificate of supplementary protection issued under the Patent Act, or to have any entry in any register of copyrights, trademarks, industrial designs or topographies referred to in paragraph (a) made, expunged, varied or rectified.

  • Marginal note:Industrial property, concurrent jurisdiction

    (2) The Federal Court has concurrent jurisdiction in all cases, other than those mentioned in subsection (1), in which a remedy is sought under the authority of an Act of Parliament or at law or in equity respecting any patent of invention, certificate of supplementary protection issued under the Patent Act, copyright, trademark, industrial design or topography referred to in paragraph (1)(a).

  • R.S., 1985, c. F-7, s. 20
  • 1990, c. 37, s. 34
  • 2002, c. 8, s. 29
  • 2014, c. 20, s. 366(E)
  • 2017, c. 6, s. 128
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