OTTAWA, ON-- Canadian courts, in particular the Supreme Court of Canada, have in recent years issued intellectual property (IP) judgments that were problematic, even erroneous, Munk Senior Fellow Richard Owens said today. This has led some observers to claim that there is a trend to the courts favouring users’ rights over creators’ rights. These problematic decisions have had serious consequences, including invalidating patents on important drugs, and encouraging widespread copying of educational publications. They have suppressed innovation and removed billions of dollars from Canada’s economy. But, as Owens’ latest MLI paper makes clear, a series of more recent decisions has reaffirmed the courts’ proper, strong defence for IP rights. The paper, released today and titled "Straightened Up and Flying Right: Canadian Courts Offer Renewed Support of IP Rights," is about the process of error and correction that we have seen in recent years.

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