Over the past decade or so, the attitude of Canadian courts towards borderline utilitarian copyrighted works has shifted towards recognition of the skill and judgment that makes such works subject to copyright.
In its 2017 budget, the Canadian Federal Government announced its “Intellectual Property Strategy 2017,” in which “the Government will develop a new intellectual property strategy over the coming year. The strategy will help ensure that Canada’s intellectual property regime is modern and robust and supports Canadian innovations in the 21st century.”
The Minister of Innovation, Science and Economic Development, Navdeep Bains, indicated that part of this strategy includes improving IP literacy of Canadian businesses, and making sure that robust IP strategies are built into their business plans. In particular, this means that startups and scale-ups will be more strategic about IP processes, in order to capture the value of R&D investments. Stay tuned!