Douglas Fyfes core strengths lie in clearing, licensing, registration and opposition matters while over in Vancouver, Nelson Godfrey is carving out a prominent reputation for his contentious work and fronts the local IP litigation team. Important differences exist between intellectual property (IP) rules in Canada and elsewhere. Related to Sxxxxxx Canada Owned Intellectual Property. Utility Patents: Utility patents protect inventions that have a specific function. This covers things like chemicals, machines, and technology.Design Patents: These types of patents protect the way an object or product appears once it has been made, literally its design. Plant Patents: Plant patents protect plant types that are asexually reproduced. Jonathan was counsel for Gap in the Gap v. G.A.P. Isi is the co-leader of the Artificial Intelligence (AI) practice group and the leader of the Cleantech practice group.Isi guides technology companies through the process of strategically developing, managing and monetizing their IP rights in North America and worldwide. She advises clients on strategies related to commercial matters as well as intellectual property. Advising Pattison Outdoor Advertising in a multi-faceted patent infringement dispute against T-Rex Property. He advises clients on intellectual property portfolio strategies and the intellectual property aspects of technology licensing. Providing the client with strategic advice on the evolution of its famous brands and products, acquisition of IP, and the enforcement of its rights in Canada. Junyi is a Registered Patent Agent and Registered Trademark Agent in Canada, and has extensive experience in patent and trademark prosecution matters and licensing. Patents may not generally be obtained for scientific principles, abstract theorems, ideas, methods of conducting business, computer programs, and medical treatments. They are very strong communicators and are strategic with their management of issues.. A patent gives inventors the right to exclude others from making, using, or selling an invention. View [1] Intellectual property is governed both by provincial and federal jurisdiction, although most legislation and judicial activity occur at the federal level. 37). Evolution of Canadian privacy statutes. SJD Candidate. The lawyers and agents at KMB Law have extensive experience with advising and helping businesses protect their brand names and other types of intellectual property. It finds its purpose in promoting the public interest through providing incentives for the creation and dissemination of expressive works. Licensed Intellectual Property has the meaning set forth in Section 3.12(a). He practices in the areas of information technology law and commercial litigation. Independent Arbitrator (Canada) Get in touch with the ICC Global Commercial Law and Practice Commission. Mondaq is an intelligent syndication platform providing world class content and insight from professional services firms. Representing Bristol-Myers Squibb and Pfizer in their actions involving blockbuster anticoagulant drug Eliquis. It is the responsibility of the rights holder to register, protect, and enforce their rights where relevant and entities must retain their own local counsel and advisors. Intellectual Property Organization of Pakistan (IPO-Pakistan) Web site: Industrial Property Office: Intellectual Property Organization of Pakistan (IPO-Pakistan) Web site: Industrial Property Office: Patent Office Intellectual Property Organization of Pakistan (IPO-Pakistan) Web site: Industrial Property Office: Trademarks Office Moreover, the people are excellent, each and every one of them. Advising Canadian Tire Corporation, Limited in broad range of intellectual property matters including patent, trademark and industrial design litigation, trademark and labelling issues and brand management. Additional filters are available in search. A lock ( The firm has handled Zespris trademarks, designs and plant variety rights globally since 2009, including in Canada. One standout recent matter saw IP group chair Eileen McMahon and head of IP litigation Andrew Shaughnessy acting for Horizon Therapeutics in proceedings before the Patented Medicine Prices Review Board concerning allegations of excessive pricing. She not only provides legal advice but regularly participates in strategic decisions, including brand acquisitions. New Intellectual Property jobs added daily. He provides solid and practical advice. They provide great legal and practical business advice. Gary has thirty years' experience in the intellectual property field. Acting for Catalyst Pharmaceuticals and KYE Pharmaceuticals in a judicial review of the decision of the Minister of Health to overlook the data protection of Catalysts orphan drug, Firdapse, which will be marketed in Canada by KYE. Jeilah Chan counts names such as Ferrero Group and Prada among her client list and supports with both IP strategy and litigation. Patent Act; Patent Rules; Amendments to the Patent Act; College of Consider carefully whether to permit your partner to register your IP rights on your behalf. Wow Tech has also counterclaimed that EIS has infringed its Canadian Patent No. His practice is focused on patent protection of electrical, electronic and computer-related inventions in Canada, the United States and around the world. Baker McKenzies Toronto office plays a key role as part of the firms global network, frequently assisting multinationals and foreign companies with interests in Canada. Steve has a bijuridical education Fish Named Intellectual Property Boutique Firm of the Year by LMG Life Sciences. His As a skilled litigator and negotiator, Mark Biernacki has helped clients for close to two decades with their intellectual property needs, focusing on litigation and trademark prosecution. Departments. Emily OConnor, Get in touch with the ICC Global Commission on Intellectual Property. The Government of Canada has modernized Canada's intellectual property (IP) regime by joining 5 international IP treaties, specifically with regard to industrial designs, trademarks and patents. She handles all of our trademark work from prosecution to contentious matters. Dan provides strategic planning and business advice relating to all aspects of intellectual property law. Jung-Kay Chiu is an intellectual property lawyer based in Toronto and the Canadian national chair of our intellectual property group. Please see full Newsletter below for more information. Taking into account the business reality of her clients, Marie-Eve advises them on maximizing the protection of their interests and assets. Acting for Intellectual Property Owners Association in its application to the Federal Court of Canada to intervene in proceedings challenging federal regulations affecting the pricing of patented medicines under the patent act. APDF readeris available from Adobe Systems Incorporated. Key points to remember as between Canada and the U.S. include the following: The rules for ownership of IP depend on the type of IP: Address intellectual property (IP) ownership in a written agreement with each employee. View all topics & resources. New Intellectual Property means all data, discoveries, developments, inventions (whether patentable or not), improvements, methods of use or delivery, processes, know-how, or trade secrets which are generated, conceived, reduced to practice or otherwise made by or on behalf of Recipient as a result of the conduct of the Research Plan or as a result of the use of any Data Set provided to Recipient under this Agreement. Out of these cookies, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. Kelly Gill and Jodi English are amazing. Telephone: 202-482-0352. Integrated circuit topographies are protected in Canadian law by the Integrated Circuit Topography Act (S.C. 1990, c. A graph of 21.1K citations received by 1.32K academic papers made by 10 universities in Canada was used to calculate publications' ratings, which then were adjusted for release dates and added to final scores. Franois Guay chairs the firms IP strategies group from its Montral office and has broad, high-level experience across patents, trademarks, industrial designs, copyrights and trade secrets. Joint Intellectual Property means individually and collectively all Intellectual Property which is conceived and/or made jointly by one or more employees of University and by one or more employees of Sponsor in performance of a Sponsored Project. He has over 20 years of experience practicing in all areas of Washington, DC 20230. Fdration Internationale de Football Association (FIFA), Law firm partners and practice heads explain how their firms are adapting to clients' changing needs, View GC Powerlist profiles for individuals and teams in Industrial designs are protected in Canadian law by the Industrial Design Act (R.S.C., 1985, c. Patent agent and litigator David Turgeon heads the practice from Montral, where Julie Desrosiers often represents high-tech corporations in relation to the protection of their IP, trade secrets and strategic information; the pair are supported by associates Patricia Hnault, who handles IP-contract drafting in addition to disputes, and Michael Shortt, an expert in the artificial intelligence and video games industries. E-mail: Jennifer.Carton@trade.gov. Franois Guay is among the most experienced intellectual property litigators in Canada and a highly sought-after advisor to the largest, most innovative companies in the world. Exclusive counsel for all of Air Canadas worldwide prosecution IP work. He has successfully litigated cases involving all manner of technologies and businesses, including: hydraulic excavators (quick couplers); housewares (expandable hoses); information technologies (enterprise software licenses); oil production eq Christian Bolduc has practised in the field of intellectual property for more than 25 years with a focus on trademark law. She has appeared frequently before the Federal Court and the Federal Court of Appeal. Material Type: Articles. Helpful articles for all Americans. Representing Bell, Rogers and Qubecor at the Federal Court of Appeal against anonymous operators of the two of Canadas most popular unauthorized IPTV services, operating under the name GoldTV. This essentially means that enforcement of these rights is critical to their value. Responsible for preparing and directing the prosecution of Cryptomills international patent portfolio, and advising the company on technology and IP commercialization matters. Sbastien Clark ; Chris Wilson ; Elizabeth Williams ; Karen MacDonald ; Kristin Wall, Strategic and creative ideas for all aspects of litigation. Named lawyers work from Toronto though the team also has representation in Vancouver where Chris Bennett thrives in relation to corporate brand and trademark protection. Adventures case, which settled about two months https://www.blg.com/en/people/c/copland-douglas. Representing Mylan Pharmaceuticals ULC in defence of an action for patent infringement brought by Eli Lilly in relation to the drug tadalafil. His experience covers all stages of the trademark life cycle and consists primarily of procurement, oppositions and cancellation proceedings, management, strategic counselling and enforcement. Ms. Desrosiers regularly acts on behalf of high technology businesses in connection with injunctions, seizures and procedures seeking to protect elements of their intellectual property or their trade secrets and strategic information. Advising Merck Serono in an appeal to the Patent Appeal Board, which successfully overturned the Patent Offices refusal of a patent application for a dosage regimen approved by Health Canada. Located in Barrie, Ontario, it In his IP law practice, Daniel regularly advises clients, ranging from SMEs to fortune 500 companies, in the areas of trademarks and copyright law, including registration, strategic management, ownership and control, licensing and enfor Paul Armitage is a partner in the firm's Vancouver office practising in the Intellectual Property and Technology Law Groups. He has also developed comprehensive knowledge of agriculture and food production and represents many businesses working in this industry. In particular, reports of enforcement levels suggest that Canadian authorities have yet to take full advantage of expanded ex officio powers. Our intellectual property lawyers, patent agents and trademark agents possess deep technical and subject-matter expertise in all areas of intellectual property law. Marks litigation practice spans all areas of intellectual property, including patents, trademarks, copyrights and industrial designs, in a variety of subject matter. Stphane has extensive experience advising in contentious and non-contentious matters involving the management, protection and enforcement of intellectual property rights in Canada and internationally. Canadian privacy law has evolved over time into what it is today. He routinely prepares and prosecutes trademark applications and prepares opinions on availability, registrability, validity and infringement. Borden Ladner Gervais LLP assists an eclectic client base of domestic and multinational companies with strategic acquisition and IP protection matters across North America and internationally. IP litigator John Cotter is a standout for copyright matters, recently defending York University in a long-running lawsuit against Access Copyright which reached the Supreme Court in 2021; he leads the national practice from Toronto where fellow disputes expert Nathaniel Lipkus serves as a go-to for contentious patent and regulatory issues within the pharmaceutical and biotechnology sectors. Michael has well over a We help businesses reach their full potential through Stephanie is one of Canadas most accomplished practitioners and possibly the countrys best trademark attorney. Representing Novo Nordisk at the Federal Court in trademark infringement action relating to Sanofis use of its TRURAPI mark. Representing FIFA with respect to IP enforcement in Canada for the past number of years including the FIFA World Cup tournaments in 2006,2010,2014 and 2018. By participating in this program, developers can focus on coding, while you focus on running your business with reduced risk and exposure to IP lawsuits without diminishing your own IP rights. Companies may wish to seek advice from local attorneys or IP consultants who are experts in Canadian law. Handling all of the clients domestic Canadian trademark and industrial design prosecution work. Drawing on his diverse IP litigation experience and knowledge, Daniel excels at using the legal process to achieve his clients business objectives and focuses wholly on maximizing their success. Despite this progress, various challenges to adequate and effective protection of IP rights in Canada remain. DLA Piper (Canada) LLP leverages the wider firms global reach to provide the full suite of brand protection and IP defence to a client list of multinationals and major Canadian companies. Take control, understand your rights, and become a legal beagle Harry Radomski; Andrew Brodkin; Amalia Berg, Richard Naiberg; Dino Clarizio; Jordan Scopa; Ben Hackett, Canadian Generic Pharmaceutical Association. Excluded Intellectual Property means the Intellectual Property licensed pursuant to Shared Contracts, the TFMC Specified Marks and any Intellectual Property listed on Schedule I.A. In no instance should U.S. government advice be a substitute for the responsibility of a rights holder promptly to pursue its case. intellectual property law, with a focus on intellectual property acquisition, boutique firm which focuses on franchising, corporate law, litigation and CanLaw will find you the right lawyers and law firms. Recent highlights have included several high-profile cases at the Federal Court of Appeal, most notably the successful defence of Pampered Chef in the precedent-setting trademark infringement case of Loblaws Inc v Columbia Insurance Company, a matter co-led by Mark Evans, Mark Biernacki and Ottawa-based Steven Garland. A deep bench of IP litigators distinguishes Goodmans LLP from its competition. The Intellectual Property Issues in Cultural Heritage (IPinCH) project is a seven-year international research initiative based at Simon Fraser University, in British Columbia, Canada. She is also a registered Canadian Trademark Agent, and has been repeatedly recognized by World Trademark Review magazine as a recommended trademark expert Scott is a Canadian and English lawyer and a Canadian trademark agent, with a practice based in Vancouver, BC. They have very little influence over the laws but must abide by the laws regardless of the possible impact to the digital preservation process. Several general principles are important for effective protection of intellectual property (IP) rights in Canada. All that is required is that the creator of the information has used his brain and thus produced a result which can be produced by somebody who goes through the same process. [1], Under the Constitution Act, 1867, patent and copyright law are the exclusive jurisdiction of the Federal Government of Canada. Featured Events View All Events. For further information, please contact: Jennifer Carton. Represented Pfizer in patent infringement action against Seedlings Life Science Ventures, who alleged that Pfizers EpiPen infringed select claims of a Seedlings patent for epinephrine auto-injectors. Intellectual Pr Isi (pr. Although the United States government is eager to assist companies, there is little the government can do if the rights holders have not taken the fundamental steps necessary to secure and enforce their IP rights in a timely fashion. She advises them on matters relating to trademark adoption and registration, trademark licences, copyright and domain name. Leverage your professional network, and get hired. [7], An integrated circuit topography is the 3-dimensional configuration of the layers of semiconductors, metals, insulators, and other materials used to implement an integrated circuit. We are currently looking for an Intellectual Property, Patent and Trademark Lawyer to join our team in Ontario, Alberta and/or British Columbia. Drawing on an extensive network of correspondents worldwide, Mr. Drolet also manages large trademark and industrial design portf An accomplished IP litigator, Jean-Sbastien is committed to providing legal solutions and achieving results that fit with his clients short- and long-term business plans. While there is significant harmonization of the requirements to obtain these rights in more than one country under many international treaties, many countries have unique rules or interpretations on the general treaty requirements. This knowledge frequently gives firms their competitive edge in the market and it has to be kept as a secret. A locked padlock ) or https:// means youve safely connected to the .gov website. MBM Intellectual Property Law LLP | 1,546 followers on LinkedIn. [5], A trademark is a word, symbol, or design used to identify wares or services of a person or company. Nate Hendley and James Lorimer and Company. Her advice is not only spot-on, but she is able to resolve difficult business issues in a very practical and cost-effective way. With respect to pharmaceuticals, the United States will continue to monitor the implementation and effects of recent changes to the Patented Medicine Prices Review Boards pricing regulations. Second, IP is protected differently in Canada than in the United States, and the scope of protection is different. Acting as counsel to Munchkin Baby Canada, Ltd. and its U.S. affiliate in the defence of a Federal Court patent infringement action (T-151-16) relating to the defendants making and selling of cartridges for diaper pails. Background Intellectual Property means all Intellectual Property introduced and required by either Party to give effect to their obligations under this Agreement owned in whole or in part by or licensed to either Party or their affiliates prior to the Commencement Date or developed after the Commencement Date otherwise pursuant to this Agreement; Parent Intellectual Property has the meaning set forth in Section 5.18(a). He has more than 25 years' experience advising on global trademark and design portfolio management, global brand protection, intellectual property enforcement, licensing and anti-counterfeiting matters. Represented the client in a successful trademark infringement trial concerning the trademark HOSTESS, a well-known brand in the bakery field in Canada, on behalf of the bakery company, Grupo Bimbo. She is an experienced intellectual property, advertising, and privacy lawyer who applies a realistic, business-driven approach to help her clients proactively identify and manage risks, grow their enterprises, and increase profitability. Intellectual Property Lawyers in Ottawa, Canada +1 613-592-8500 or +1 888-217-0183. P-4). Fish & Richardson is a leading global IP law firm practicing in the areas of patent law, IP strategy and litigation, and commercial litigation. wide range of technologies, including mechanical, electrical, computer hardware However, the Supreme Court of Canada held in Thberge v. Galerie d'Art du Petit Champlain Inc.[3] that Canadian copyright law is primarily utilitarian. Representing the Canadian innovative pharmaceutical trade association, Innovative Medicines Canada (IMC), and 16 Canadian pharmaceutical companies in litigation against the Canadian Government. We are currently looking for an Intellectual Property, Patent and Trademark Lawyer to join our team in Ontario, Alberta and/or British Columbia. These cookies will be stored in your browser only with your consent. The Toronto-based team is jointly coordinated by Peter Wilcox, an expert on complex patent validity and infringement matters, and Marian Wolanski, who focuses on patent litigation. Andrew Bernstein has extensive litigation experience across all facets of IP, while on the transactional side, coordinator of the group, Edward Fan, is the key contact, honing his focus on the acquisition, exploitation and enforcement of IP. Our work explores the rights, values, and responsibilities of material culture, cultural knowledge and the practice of heritage research. Intellectual property protection is critical to fostering innovation. I-9). This site contains PDF documents. Some exceptions have been made. Canadas system to provide for patent term restoration for delays in obtaining marketing approval is limited in duration, eligibility, and scope of protection. Largest Pain and Suffering Award Affirmed in New York History. protection and exploitation in the field of biotechnology and medical devices. Years after the American Bar Association resolution on diversifying the pool of neutrals, alternative dispute resolution panels still fall short. Intellectual property as a business tool Developing your IP strategy, protecting your IP internationally and using competitive intelligence. Much of her practice involves portfolio management of Canadian and international companies, both on a domestic and international level. This firm responds quickly, clearly and efficiently. At the more junior end, associate Jaclyn Tilak has appeared in a number of cases pertaining to patented medicines. Intellectual property basics. IP litigation is a standout strength, particularly on the patent side, with a recent highlight seeing Alan Macek and Bruce Stratton defending domestic telecoms provider Videotron against patent infringement action brought by two US companies. The Munich Intellectual Property Law Center's Master of Laws programme is unique in its international and interdisciplinary coverage of intellectual property (IP) and competition law. The fundamental principles of intellectual property including patents, trademarks and copyrights are outlined, as well as, fundamental concepts such as infringement and validity, among other things. A .gov website belongs to an official government organization in the United States. Our belief has always been that the quality of a peer review survey is directly related to the quality of the voters. He appears in the courts of the Province of Ontario, as well as the Federal Court of Canada and before the Trademark Opposition Board. For background on these principles, please link to articles on Protecting Intellectual Property and on Corruption. In Canada any information that a firm or its employees produces or acquires for the purpose of the firm's business can constitute confidential information that courts are willing to protect. Meanwhile at the Ottawa office, Martha Savoy heads the Canada trademarks department, specializing in trademark and copyright registration, enforcement and litigation; she is based alongside Christopher Van Barr who recently represented Google in a dispute with Paid Search Engine Tools, leading a team which included Michael Crichton, an expert in the technology industry. Chair of the firms IP and technology group in Canada, Sangeetha Punniyamoorthy, has broad IP litigation experience, appearing frequently at the Federal Court in trademark and patent litigation, as well as managing a number of trademark portfolios. by Carswell. IP law in Canada is based on a Intellectual Property (IP) law in Canada protects creations of the mind such as inventions, designs, literary and artistic works, and brands. Intellectual Property Law. Legal Beagle is a keen, astute resource for legal explanations. In the area of information technology law, he advises organizations on governance and regulatory compliance, on the negotiating and drafting of contracts, the protection of personal information and the management and lincensing of intellectual property rights. Fri, 07/15/2022 - 11:35. You need a lawyer to deal with complex government regulations. We deliver intellectual property (IP) services in Canada and educate Canadians on how to use IP more effectively. Our clients include industry and business leaders in all segments of the market and at various stages in the growth of their businesses. Moreover, in many countries, rights holders who delay enforcing their rights with a mistaken belief that the United States government can provide a political resolution to a legal problem may find that their rights have been eroded or abrogated due to legal doctrines such as statutes of limitations, laches, estoppel, or unreasonable delay in prosecuting a lawsuit. He has worked Stephanie Chong is a partner with Hoffer Adler LLP, a Toronto Assisted Janssen with a patent dispute against Apotex at the Federal Court of Appeal. His practice relates mostly to Patent matters but includes trade-mark litigation, regulatory issues and advising on strategic IP life cycle matters. We have built our reputation on our commitment to our clients' success and the experience, expertise and collaborative approach for which we are recognized. In 1982, the Canadian Charter of Rights and Freedoms outlined that everyone has "the right to life, liberty and security Below is the list of best universities in Canada ranked based on their research performance in Intellectual Property and Patent Law. Stephanie does great work., The team has an excellent expertise not only in legal framework and also in market practice that provides time and cost efficient legal service to the clients., Jim Holloway and Alexandra Lewis are great attorneys, and worked very diligently and professionally to get results that exceeded our expectations. 2021 was another milestone year. For example, your U.S. trademark and patent registrations will not protect you in Canada. 2427356 VAT 321572722, Registered address: 188 Fleet Street, London, EC4A 2AG. From action to Action!, Jeffery Robinsons Who We Are project and new documentary chronicle his efforts to expose, confront and put a stop to the countrys long history of anti-Black racism. This is effected under Palestinian ownership and in accordance with the best European and international standards. At CIPIT, she leads research on the intersection of intellectual property law and innovation with the aim of informing policy change in Kenya, regionally and globally. Other Intellectual Property means all worldwide intellectual property rights, industrial property rights, proprietary rights and common-law rights, whether registered or unregistered, which are not otherwise included in Confidential Information, Copyrights, Copyright Licenses, Domain Names, Governmental Licenses, Other IP Agreements, Patents, Patent Licenses, Trademarks and Trademark Licenses, Proprietary Databases, Proprietary Software, Websites, Website Agreements and Trade Secrets, including, without limitation, all rights to and under all new and useful algorithms, concepts, data (including all clinical data relating to a Product), databases, designs, discoveries, inventions, know-how, methods, processes, protocols, show-how, software (other than commercially available, off-the-shelf software), specifications for Products, techniques, technology, trade dress and all improvements thereof and thereto, which is owned by Parent or any Subsidiary or which Parent or any Subsidiary is licensed, authorized or otherwise granted rights under or to, and which is used by Parent or any other Person to advertise, develop, manufacture, import, market, promote, offer for sale, sell, use and/or otherwise distribute a Product. The United States remains deeply troubled by the ambiguous education-related exception added to the copyright law in 2012, which reportedly has significantly damaged the market for educational publishers and authors.
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