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A Patent Infringement Cease And Desist Letter is a crucial legal instrument in Canadian intellectual property enforcement, typically employed when a patent holder discovers unauthorized use of their patented invention. This document is used as a first formal step in addressing patent infringement before pursuing litigation, providing the alleged infringer with notice of the patent holder's rights and an opportunity to cease infringing activities voluntarily. The letter must be carefully drafted to comply with Canadian federal laws, including the Patent Act and Competition Act, to avoid potential legal complications or claims of unjustified threats. It should clearly identify the patent(s) in question, provide evidence of ownership, detail the specific infringing activities, and outline demands for cessation, while maintaining a professional tone that leaves room for potential negotiation.
