Salt Canada Inc. v. Baker, 2020 FCA 127

Justice Stratas; Justice Near; Justice Woods - 2020-07-28

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This is an appeal from the judgment of the Federal Court (per Boswell J): 2016 FC 830. The Federal Court dismissed an application brought by the appellant for an order directing the Commissioner of Patents to vary the records of the Patent Office to reflect it as owner of Canadian Patent No. 2,222,058. ... As will be seen, the Federal Court has been given the express jurisdiction to make the order sought in this area—one involving the title to patents and the Federal Court’s role in superintending the Patent Office. The fact that agreements and other commercial instruments need to be construed and interpreted as part of the exercise of jurisdiction—as, for example, in the case of the Court’s jurisdiction over appeals in federal taxation matters—does not eliminate that jurisdiction. Interpreting agreements and other commercial instruments is not the exclusive preserve of provincial superior courts.

Decision relates to:


Canadian Intellectual Property