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Intellectual Property Law

The practice of intellectual property law comprises the provision of advice and representation in all matters relating to patents, trademarks, copyright, industrial designs, personality rights, passing off and the like. Intellectual property litigation comprises the provision of advice and representation, whether by way of negotiation, judicial proceedings, alternative dispute resolution, mediation or arbitration, involving rights respecting patents, trademarks, official marks, copyright, moral rights, industrial designs, personality rights, urgent interlocutory applications including injunctions, "Anton Piller" Orders, etc.

Intellectual Property lawyers act for and represent individuals, local, national and global corporations, and educational institutions located throughout the world across a broad spectrum of technologies before the Canadian Intellectual Property Office and through a network of international associates coordinate and direct the prosecution of patent, trademark and copyright applications worldwide.

Patents


A patent is a legal document that gives an owner the right to exclude others from making, using, or selling the claimed invention for a period of time. In exchange for the rights to a patent, the inventor agrees to disclose the invention. The granting of patents is administered by the Canadian Intellectual Property Office (CIPO).

Patent lawyers provide counsel and representation pertaining to all aspects of patent work, including performing prior art searches, including structure-based searches, patent application preparation, filing and prosecution in Canada, patent filing and prosecution in the US and international jurisdictions, providing patentability, validity and infringement opinions, enforcing intellectual property rights, patent infringement litigation and Patented Medicines (Notice of Compliance) Regulations applications before the Federal Court, negotiating and preparing licenses, assignments, security interests, joint venture, research collaboration, business development agreements, Supplier agreements, Material transfer agreements, Marketing agreements, confidentiality agreements and other agreements for inventions, designs, and patents, identifying areas where patent or design protection can be obtained or extended, devising strategies to assist in managing a patent portfolio, evaluating patent portfolios of clients and of others and conducting audits, due diligence in commercial transactions of all kinds, right to manufacture or use studies, customized strategies for national and international patent protection patent portfolio management

Trade-marks


A trade-mark is a word, phrase or symbol which has been used to distinguish the source of a good or service. Today these rights are derived from a federal statute, the Trade-mark Act, but the intent is the same: to protect the economic advantage derived from marketplace reputation as a form of property which can be owned, sold and licensed. The granting of trade-marks is administered by the Canadian Intellectual Property Office (CIPO).

In addition to lawyers, individuals can become certified as trade-mark agents to be able to represent clients in CIPO. Trademark lawyers provide counsel and representation pertaining to all aspects of trade mark work, including: searching and clearing, trade-mark registrability searches and opinions, filing and prosecution of applications to register trade-marks in Canada, coordination, supervision and management of registration of trade-marks abroad, registration of domain names; Opposition and summary cancellation proceedings, providing validity and infringement opinions, negotiating and litigating trade mark, trade name, trade dress, unfair competition and comparative advertising disputes, advising on and conducting domain name disputes before the courts, anti-counterfeiting enforcement proceedings including ''Anton Piller'' or ''John Doe'' Orders, injunctions , domain name disputes and litigation, providing transaction advice and due diligence in the evaluation and management of intellectual property in acquisitions, mergers, financings and bankruptcies, negotiating and drafting licenses, franchise agreements, web development agreements and e-commerce agreements, advising on rights of personality and privacy, and portfolio management and strategy .

Copyright


Copyright enforcement is more than securing rights for artistic or literary works. Every year copyright infringement costs businesses, artists and producers millions of dollars in lost revenue. New technologies such as the Internet, file sharing and digital copying pose new copyright challenges, while updates to the Canadian Copyright Act have thrust issues of infringement to centre stage in the Canadian marketplace. Copyright enforcement is the protection of a critical business component.

Copyright lawyers provide counsel and representation whether from the perspective of rights holders seeking to protect their creations, or of copyright consumers seeking to make legal use of protected materials, on all aspects of copyright law, including: applications for registration of copyrights, assignments and licences, searches at the Canadian Intellectual Property Office, usage policies, litigation, representing Canadian copyright collectives before the Copyright Board for the certification of tariffs for the various uses of copyright subject-matter and judicial review before the Federal Court of Appeal, preparation of merchandising, assignments and licensing agreements, protection and usage audits, copyright portfolio management merchandising, assignment and licensing agreements , due diligence and valuation of copyright assets for commercial transactions, protection, exploitation and distribution rights

Information Technology and Commerce


Practitioners advise clients and conduct litigation on a number of matters, including intellectual property, namely the protection of software, multimedia products, electronic databases and other information-based assets through copyright, patent, trade secret and trade mark laws, the regulation of data protection/ privacy, the control of high technology exports, and the regulation of the Internet; the drafting and negotiation of a wide variety of agreements for the supply of computer-based resources; and electronic commerce/Internet law.

Online Resources

 


IPSource on WestlawNext Canada


IPSource® is a powerful, yet easy-to-use, currency and research solution designed for Canadian intellectual property practitioners. IPSource features unprecedented depth and breadth of coverage with access to global resources to quickly and cost-effectively stay current and research points of law and related materials for patent, trademark and copyright issues. Learn More Here.

eLooseleafs on ProView

 

eLooseleafs (formerly eReference Library) on ProView allow subscribers to access print loose-leaf products in an online format. Current, authoritative information is provided that will help in making effective decisions for clients. Learn More Here.

Case Alerts


A weekly email alert to keep subscribers up to date in intellectual property law. Subscribers receive an e-mail bulletin of case summaries of recent court decisions in the intellectual property law area. The summaries are arranged by topic and are linked to the case digest and the full-text decision in pdf format. Sub-topics include: Copyright, Industrial Design, Patents and Trade marks. Learn More Here.


Intellectual Property titles available as eLooseleafs on ProView

 

eLooseleafs on ProView (formerly eReference Library) provide online access to looseleaf services. The following titles on intellectual property law are available:

The Law of Domain Names & Trade-marks on the Internet

View a flyer (PDF) containing more details about this product including features and recent updates.

 

Supreme Court of Canada Decision


Robinson c. Films Cinar inc.


PDF:   English  |   French