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    Doing business in Canada
    2014-10-22

    doing business in Canada 2 | doing business in Canada Canada is one of the world’s premier locations for business investment. Boasting an exceptional wealth of natural resources, a sound financial system and world-class infrastructure, Canada is known for innovation in a wide range of sectors. And with generous research and development incentives, low corporate tax rates, and easy access to major U.S. markets, Canada is a top destination for foreign companies seeking a foothold in North America.

    Filed under:
    Canada, Banking, Capital Markets, Company & Commercial, Competition & Antitrust, Employment & Labor, Energy & Natural Resources, Environment & Climate Change, Franchising, Immigration, Insolvency & Restructuring, Intellectual Property, IT & Data Protection, Media & Entertainment, Product Regulation & Liability, Real Estate, Tax, Trade & Customs, Gowling WLG
    Location:
    Canada
    Firm:
    Gowling WLG
    Technology licenses in the context of a licensor's bankruptcy and insolvency
    2013-06-24

    Intellectual property rights are critical to various economic sectors. Many companies depend on licensed technology to operate and survive. The licensor-licensee relationship may deteriorate, especially if the licensor starts showing signs of distress or, even worse, becomes insolvent. Canadian legislation offers some clarity regarding each of the parties' rights and obligations in the event of a licensee's insolvency or bankruptcy.

    Filed under:
    Canada, Insolvency & Restructuring, Intellectual Property, Litigation, Bennett Jones LLP, Bankruptcy, Bankruptcy and Insolvency Act 1985 (Canada)
    Authors:
    Denise D. Bright , Stephen D. Burns , J. Sébastien A. Gittens
    Location:
    Canada
    Firm:
    Bennett Jones LLP
    Do you really have an enforceable license?
    2012-06-12

    During a bankruptcy or a restructuring, the goal of bankruptcy law is at odds with the goal of intellectual property law. Recent developments in bankruptcy law have sought to provide more certainty to licensees. However, there is still a lot of uncertainty.

    Filed under:
    Canada, Insolvency & Restructuring, Intellectual Property, Bereskin & Parr LLP, Bankruptcy, Debtor, Bankruptcy and Insolvency Act 1985 (Canada)
    Authors:
    Philip C. Mendes da Costa
    Location:
    Canada
    Firm:
    Bereskin & Parr LLP
    Doing business and raising capital in Canada
    2012-06-29

    We have prepared this Business Law Guide as a general overview of certain legal and business matters that may be relevant to a decision to establish or invest in a business in Canada.

    Filed under:
    Canada, Arbitration & ADR, Capital Markets, Company & Commercial, Competition & Antitrust, Corporate Finance/M&A, Employment & Labor, Insolvency & Restructuring, Intellectual Property, Litigation, Tax, Trade & Customs, Torys LLP
    Location:
    Canada
    Firm:
    Torys LLP
    New risks and rewards for licensors and licensees in BIA/CCAA amendments
    2010-02-08

    On September 18, 2009, after years of Parliamentary delay dating back to 2005, wide-ranging amendments to Canada’s Companies’ Creditors Arrangement Act (CCAA) and Bankruptcy and Insolvency Act (BIA) (the “Amendments”) came into force, providing, among other things, new protections for licensees of intellectual property.

    It is important to note that the Amendments only apply in the CCAA restructuring and BIA proposal context, and not to conventional bankruptcies or receiverships.

    Filed under:
    Canada, Insolvency & Restructuring, Intellectual Property, Norton Rose Fulbright, Bankruptcy, Debtor, Waiver, Bankruptcy and Insolvency Act 1985 (Canada)
    Authors:
    Evan Cobb , Brad Newman
    Location:
    Canada
    Firm:
    Norton Rose Fulbright Canada LLP
    Bankruptcy and insolvency amendments aid IP licensees, but are they enough?
    2009-12-01

    With many companies going through financial trouble, there is a fear among licensees that they will lose their right to use licensed intellectual property ("IP") if the licensor becomes insolvent and wants to restructure. Up until now there has been much uncertainty in the common law as to whether an insolvent debtor may disclaim an IP licence agreement in a restructuring.

    Filed under:
    Canada, Insolvency & Restructuring, Intellectual Property, McMillan LLP, Bankruptcy, Debtor, Common law, Bankruptcy and Insolvency Act 1985 (Canada), Trustee
    Location:
    Canada
    Firm:
    McMillan LLP
    New protection for licensees of IP — BIA and CCAA amendments come into force
    2009-10-31

    At long last, amendments to the Bankruptcy and Insolvency Act (BIA) and theCompanies’ Creditors Arrangement Act (CCAA) have come into force, providing licensees of intellectual property (IP) with some additional level of protection.

    Filed under:
    Canada, Insolvency & Restructuring, Intellectual Property, McCarthy Tétrault LLP, Confidentiality, Royalty payment, Bankruptcy, Debtor
    Authors:
    Philippe Boivin , Véronique Wattiez Larose
    Location:
    Canada
    Firm:
    McCarthy Tétrault LLP
    Life sciences collaborations - recent amendments to the BIA and the CCAA and the use of bankruptcy remote entities
    2009-10-31

    Amendments to the Bankruptcy and Insolvency Act (BIA) and the Companies’ Creditors Arrangement Act (CCAA) have recently come into force that purportedly protect licensees of intellectual property (IP) if their licensors become insolvent or bankrupt. There are, however, a number of uncertainties surrounding the scope of protection afforded by these amendments. Until these uncertainties are resolved, licensees may wish to consider augmenting their statutory rights by contractual and other legal mechanisms. A Bankruptcy Remote Entity (BRE) is one potential mechanism.

    Filed under:
    Canada, Insolvency & Restructuring, Intellectual Property, McCarthy Tétrault LLP, Royalty payment, Bankruptcy, Debtor, Foreclosure, Biotechnology, Title 11 of the US Code, Companies' Creditors Arrangement Act 1933 (Canada), Bankruptcy and Insolvency Act 1985 (Canada)
    Authors:
    Paul Armitage
    Location:
    Canada
    Firm:
    McCarthy Tétrault LLP
    New bankruptcy law amendments will help IP licensees
    2009-10-15

    On September 18, 2009, many long-awaited amendments to Canada's Bankruptcy and Insolvency Act (BIA) and Companies' Creditors Arrangement Act (CCAA) came into force. One of these new provisions will help protect intellectual property (IP) licensees in the event of the bankruptcy of their licensors.

    Filed under:
    Canada, Insolvency & Restructuring, Intellectual Property, Stikeman Elliott LLP, Bankruptcy, Debtor, Common law, Exclusive right, Title 11 of the US Code, Bankruptcy and Insolvency Act 1985 (Canada)
    Location:
    Canada
    Firm:
    Stikeman Elliott LLP
    Enhanced protection for licensees of intellectual property in the event of licensor bankruptcy
    2009-09-25

    The long-awaited amendments to Canada’s Bankruptcy and Insolvency Act (BIA) and Companies’ Creditors Arrangements Act (CCAA) came into force on September 18, 2009.

    Filed under:
    Canada, Insolvency & Restructuring, Intellectual Property, Torys LLP, Bankruptcy, Companies' Creditors Arrangement Act 1933 (Canada), Bankruptcy and Insolvency Act 1985 (Canada)
    Location:
    Canada
    Firm:
    Torys LLP

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