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. Representing the Canadian innovative pharmaceutical trade association, Innovative Medicines Canada (IMC), and 16 Canadian pharmaceutical companies in litigation against the Canadian Government. Sayenko Kharenko invites Ukrainian and international communities to help Ukraine in these difficult times. Barry Fong; Bradley White; Nathaniel Lipkus; Faylene Lunn, WOW Tech (formerly Standard Innovation Corporation). These cookies will be stored in your browser only with your consent. He provides solid and practical advice. Washington, DC 20230. To embed, copy and paste the code into your website or blog: Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra: [HOT] Read Latest COVID-19 Guidance, All Aspects [SCHEDULE] Upcoming COVID-19 Webinars & Online Programs, [GUIDANCE] COVID-19 and Force Majeure Considerations, [GUIDANCE] COVID-19 and Employer Liability Issues. The basics of intellectual property and how to protect your brand, innovation or creation. He has a broad range of experience in all aspects of intellectual property, with a particular emphasis on patent, trademark and copyright litigation, prosecution, licensing, counseling and transactions. 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. EUBAM helps Moldova and Ukraine to strengthen enforcement of Intellectual Property Rights (IPR) by providing advice, skills and knowledge transfer to partner services. Older Canadian case law took a strict approach- as found in Compo Co. Ltd v. Blue Crest Music. They are very strong communicators and are strategic with their management of issues.. Named lawyers operate from Toronto unless otherwise stated. Located in Barrie, Ontario, it Despite this progress, various challenges to adequate and effective protection of IP rights in Canada remain. Managing the voluminous trademark portfolio for a large and well-known publishing company with trademark interests to protect and enforce all over the world. MBM Intellectual Property Law LLP | 1.546 seguidores no LinkedIn. Taking into account the business reality of her clients, Marie-Eve advises them on maximizing the protection of their interests and assets. [8], Trade secrets are a type of intellectual property that consists of certain information, expertise or knowhow that has been developed or acquired by firms. Company Licensed Intellectual Property means all Intellectual Property that is licensed to the Company by any third party. The impeachment concerns the Canadian Patent No. Jung-Kay Chiu is an intellectual property lawyer based in Toronto and the Canadian national chair of our intellectual property group. Clients appreciate his considerable experience in pharmaceutical patent litigation, including under the Patented Medicines (Notice of Co Adam is a partner at Bereskin & Parr LLP with 20 years of litigation experience. Company Intellectual Property Assets shall have the meaning set forth in Section 3.18(g). 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. Shelagh Carnegie;Brian Kingwell; Martha Savoy; Laurent Massam, Christopher Van Barr; Michael Crichton; Nelson Godfrey; Kelly Gill; Jodi English; Douglas Fyfe; Nikolas Purcell, The team is very responsive, proactive and they leverage each others strengths and expertise internally to serve their clients. Select a location from the list below to find the best legal talent for your needs. law, with an emphasis on trademark acquisition, management, enforcement and 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. Departments. working full-time in private practice to obtain he Paula Clancy is a partner and trademark agent in Gowling WLG's Ottawa office. Significant concerns of Canadas IP environment include poor enforcement with respect to counterfeit or pirated goods at the border and within Canada, high levels of online piracy, and inadequate transparency and due process regarding GIs protected through free trade agreements. 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. USA.gov|FOIA|Privacy Program|EEO Policy|Disclaimer|Information Quality Guidelines |Accessibility, Official Website of the International Trade Administration, Canada - Protecting Intellectual Property, Comply with U.S. and Foreign Export Regulations. Jason Howg heads the national department from Calgary while over at the Toronto office, Justine Wiebe runs a specialised trademarks practice, distinguished through her focus on non-traditional marks, pharmaceutical marks and trade dress. Despite this, the cost is market and is quite reasonable., Stephanie Vaccari is my go-to counsel in Canada. by Carswell. 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. Responsibilities: Maintain the IP litigation database, organize and manage large files through e This firm responds quickly, clearly and efficiently. Jonathan was counsel for Gap in the Gap v. G.A.P. Related to Sxxxxxx Canada Owned Intellectual Property. 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. wide range of technologies, including mechanical, electrical, computer hardware Litigation boutique Lenczner Slaght fields a dedicated IP team, headed by Sana Halwani; she recently provided representation to Tivo Solutions in three patent actions against Videotron, Bell Canada and Telus, respectively, which included the first two zoom trials at the Federal Court. [1] Creators of intellectual property gain rights either by statute or by the common law. Co. Ltd. [4] that focuses on public interest without consideration of obtaining a just reward to the creator. Monique is highly regarded for the depth o Anthony (Tony) Creber is a partner and immediate past Head of its IP Litigation Group in the firm's Ottawa office. Guidance and regulation. Franois Guay; Sheldon Hamilton; Daphne Lainson; Kohji Suzuki; Elliott Simcoe, Mark Evans; Steven Garland; Mark Biernacki; Nancy Pei; Graham Hood. Acting for for Mill Street Brewery (owned by Labatt) in a passing off, trademark infringement, copyright infringement and competition claim brought by one of Canadas most iconic bands. Named lawyers are based in Toronto with Vancouver-based Vincent Yip leading the firms Western Canadian IP practice. Below is a listing of legislation pertaining to CIPO in the administration of Canada's intellectual property rights. creative thinking creative protection | MBM Intellectual Property Law is a dynamic and progressive law firm that practices exclusively in the area of intellectual property, including the commercialization of technology and the exploitation of knowledge. Jordan Scopa, a specialist in both disputes and licensing, has been especially active in the pharmaceutical sector of late, complimenting the wider teams proficiency in the broadcasting, publishing, biotechnology, food and beverages, telecommunications, sports and entertainment sectors. 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. He is also highly skilled in assisting Mat Brechtel is an experienced IP lawyer based in Vancouver, BC that has represented well-known international brands, high tech businesses, and major public authorities. Training and opportunity is important. Thesis title: Land Use Law in the Anthropocene. Responsibility for intellectual property rights (IPR) protection is spread across several government agencies. 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. [5], A trademark is a word, symbol, or design used to identify wares or services of a person or company. Take control, understand your rights, and become a legal beagle Steven Mason has a number of high-profile victories at the Supreme Court of Canada under his belt, directing particular emphasis towards patent disputes, meanwhile Alfred Macchione oversees the prosecution and business IP practice and is often instructed by start-ups in the technology sector. Featured Events View All Events. She advises them on matters relating to trademark adoption and registration, trademark licences, copyright and domain name. 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. Dons practice focuses on intellectual property litigation, particularly relating to patent, trade-mark, copyright, trade secrets law and technology licences, as well as trade-mark prosecution. Julie Desrosiers; Armand Benitah; Jean-Philippe Mikus; Joanie Lapalme; Michael Shortt; Patricia Hnault. We develop policy in response to proposals for changes in the law, which come from a variety of sources, including government departments and non-governmental organisations. The Office of the Attorney General (previously known as the PGR, now called the Fiscala General de la Repblica or FGR) oversees a specialized unit, UEIDDAPI (Unidad Especializada en Investigacin de Delitos contra los Derechos de Autor y la Propiedad Jonathan also has extensive experience in the acquisition, clearance, prosecution, enforcement and licensing of trademarks, includi A partner of the firm, Mtre Cindy Blanger practices in intellectual property law and in advertising and marketing. Doug is very knowledgeable in Canadian trademark law and practices as well as comparable US law and practices. Emily OConnor, Get in touch with the ICC Global Commission on Intellectual Property. We have encountered an error and are unable to send your message at this time. Marks litigation practice spans all areas of intellectual property, including patents, trademarks, copyrights and industrial designs, in a variety of subject matter. Canadian intellectual property law governs the regulation of the exploitation of intellectual property in Canada. Gowling is consistently thinking of ways to improve delivery of legal services rather than waiting for us to ask., Society of Composers, Authors and Music Publishers of Canada. Below is the list of best universities in Canada ranked based on their research performance in Intellectual Property and Patent Law. Part 3 of 4: Protecting Your Intellectual Property Outside Your BusinessDesignate your intellectual property on your products. It doesn't have to be intrusive on your packaging, but your trademarks and copyrights should be identified.Watermark your images. When you look at a professional photograph, there is often a mark, signature, or embossed symbol in one corner of the image.Patent your inventions. More items He is a graduate of the University of Saskatchewan in Engineering Physics and Law, and was named Queen's Counsel in 1982. She also works in litigation cases involving trademarks and copyright. Our firm and our professional teams have a wide range of services Senior partner Judith Robinson retired in January 2021. Teresa Reguly is particularly formidable in the biotechnology and medical device industries, and from a strong all-women pool of junior lawyers, counsels Nicole Mantini and Yolande Dufresne are particularly integral to the practice; the former due to her prominent reputation among North American and international pharmaceutical companies and the latter owing to her risk management and regulatory capabilities.. Andrew Shaughnessy; Andrew Bernstein; Teresa Reguly; Edward Fan; Michelle Nelles; Yael Bienenstock; Yolande Dufresne; Nicole Mantini, The team is exceptionally adept at managing complex matters for key Canadian clients., Michelle Nelles and Edward Fan are first-rate practitioners and people., ViiV Healthcare (GlaxoSmithKline and Shinogi). Responsibilities As an Intellectual Property, Patent and Trademark Lawyer, you will beResponsible for all Canadian patent, trademark and intellectual property matters, including Ms. Daigle assists clients across all the stages of the trademark life cycle, including clearance and availability opinions, developing filing strategies, trademark prosecution and administrative proceedings befo Brian Daley practises intellectual property law, with a focus on patents, trademarks and litigation at the trial, appellate and Supreme Court levels. 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. Company Owned Intellectual Property means any and all Intellectual Property that is owned or purported to be owned by the Company or any Subsidiary. 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. Best Lawyers employs a sophisticated, conscientious, rational, and transparent survey process designed to elicit meaningful and substantive evaluations of the quality of legal services. Evolution of Canadian privacy statutes. Gowling WLG's Ottawa office and the Canadian leader of Gowling WLG's [1] While trademarks and industrial design are not specifically mentioned by the Constitution Act, the federal government has enacted legislation governing both. Address intellectual property (IP) ownership in a written agreement with each employee. Build a Morning News Brief: Easy, No Clutter, Free! I always recommend Doug when someone is looking for counsel in Canada., Diverse and broad knowledge of the field. Failure to follow the scheme may result in denial of the right. 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 Best Lawyers takes an in depth look at newly proposed bills, litigation and cases coming out of four New England states. The protection of intellectual property is primarily a federal responsibility and is the subject of four principal federal statutes: Patent Act, Trademarks Act, Copyright Act, and [6], An industrial design is the fixed, visible shape, pattern, or ornamentation applied to a useful article that is mass-produced. well as co-author of ROBIC Intellectual Property (IP) law in Canada protects creations of the mind such as inventions, designs, literary and artistic works, and brands. His practice is focused on patent protection of electrical, electronic and computer-related inventions in Canada, the United States and around the world. Fasken advises on the full range of strategic IP matters in addition litigation. His practice focuses on procurement, technology licensing, outsourcing, commercial contracts, privacy law, data security, cloud computing, e-commerce, and anti-spam and anti-spyware (CASL) compliance. Izzy) Caulder is a partner with Bereskin & Parr LLP and member of the Electrical & Computer Technology practice group. Jung-Kay Chiu has a focus on IP acquisition, protection and exploitation in the biotech and medical devices sectors and leads the national practice from Toronto. Well-organized. 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 Product Intellectual Property means all of the following related to a Divestiture Product (other than Product Licensed Intellectual Property): Intellectual Property Licenses means, with respect to any Person (the Specified Party), (A) any licenses or other similar rights provided to the Specified Party in or with respect to Intellectual Property owned or controlled by any other Person, and (B) any licenses or other similar rights provided to any other Person in or with respect to Intellectual Property owned or controlled by the Specified Party, in each case, including (x) any software license agreements (other than license agreements for commercially available off-the-shelf software that is generally available to the public which have been licensed to a Grantor pursuant to end-user licenses), (y) the license agreements listed on Schedule 3, and (z) the right to use any of the licenses or other similar rights described in this definition in connection with the enforcement of the Lender Groups rights under the Loan Documents. To access Canadas ICS, which includes information on the protection and enforcement of intellectual property rights, visit the U.S. Department of State Investment Climate Statement website. Norton Rose Fulbright compliments its vast international footprint with a broad domestic network, fielding IP lawyers across several of Canadas key markets. As a barrister and solicitor, James' expertise in the IP field is broad-based and extensive, covering a wide range of IP-related contentious and non-contentious matters, including patent, trademark and copyright litigat Donald Cameron is a partner with Bereskin & Parr LLP and head of the Litigation practice group. We deliver intellectual property (IP) services in Canada and educate Canadians on how to use IP more effectively. boutique firm which focuses on franchising, corporate law, litigation and Representing Novo Nordisk at the Federal Court in trademark infringement action relating to Sanofis use of its TRURAPI mark. Patents. Dan is a recipient of the INTA President's Award for his lon https://www.blg.com/en/people/b/bergeron-genevieve. There are several organizations based in Canada and the United States, including the Canadian Intellectual Property Office: The Office of the United States Trade Representative (USTR) maintained Canada on the Watch List in 2022 in its annual Special 301 report on Intellectual Property Rights. Representing Mylan Pharmaceuticals ULC in defence of an action for patent infringement brought by Eli Lilly in relation to the drug tadalafil. On October 30, 2019, Canada officially ratified the Patent Law Treaty when the amendments to the Patent Act and the new Patent Rules came into force. The teams patent trial experience includes PM(NOC) matters for pharmaceutical companies and a growing number of cases in the technology sector. Consider carefully whether to permit your partner to register your IP rights on your behalf. We have built our reputation on our commitment to our clients' success and the experience, expertise and collaborative approach for which we are recognized. Todays top 1,000+ Intellectual Property jobs in Canada. She not only provides legal advice but regularly participates in strategic decisions, including brand acquisitions. View all topics & resources. She is involved in the development and implementation of contractual structures and technology transfer programs. Here you'll find the latest regional legal news and upcoming events, plus detailed information on the jurisdictions we are active in, including guides to doing business in this region. External links to other Internet sites should not be construed as an endorsement of the views or privacy policies contained therein. Intellectual property as a business tool Developing your IP strategy, protecting your IP Senior associate Nikolas Purcell was a new arrival in November 2021. Our work explores the rights, values, and responsibilities of material culture, cultural knowledge and the practice of heritage research. Transferred Intellectual Property has the meaning set forth in Section 2.1(k). Jeilah Chan counts names such as Ferrero Group and Prada among her client list and supports with both IP strategy and litigation. We comply with intellectual property laws and industry best practices in order to maintain the integrity of our creative marketplace. Intellectual Property Lawyers in Ottawa, Canada +1 613-592-8500 or +1 888-217-0183. Trademarks are protected in Canadian law by the Trade-marks Act (R.S.C., 1985, c. intellectual property law, with a focus on intellectual property acquisition, Nikolas Purcell left the firm in late 2021. Protections for copyright are governed by the Copyright Act of Canada. Intellectual property rights policies can present a challenge to preservation efforts of organizations. Other region-tailored specialisms include aerospace in Qubec, for which Sbastien Clark is the key contact, as well as marketing and branding in Vancouver, where Chris Wilson is particularly adept in the alcoholic beverages market. A specialized agency of the United Nations, WIPO assists its 193 member states in developing a balanced international IP legal framework to meet society's evolving needs. He has acted for clients including RE/MAX, Louis Vuitton, and Blackberry obtaining and enforcing pre-judgment remedies, including injunctive relief, asset freezing orders, civil searc Allan Brett is a partner in Smart & Biggar and is a leader of the electrical and electronic engineering and computer sciences practice groups in the Ottawa office. from the University of British Columbia, and later returned to school while 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. In Canada, patent and trademark registrations are both granted based on a first-to-file system. Intellectual Property License means any license, permit, authorization, approval, contract or consent granted, issued by or with any Person relating to the use of Intellectual Property. A locked padlock ) or https:// means youve safely connected to the .gov website. decade of experience as an intellectual property litigator and strategic adviser. Our intellectual property lawyers, patent agents and trademark agents possess deep technical and subject-matter expertise in all areas of intellectual property law. Acting for several pharmaceutical companies in a constitutional challenge to the federal governments amendments to the patented medicines regulations and to the regulation of patented drug prices by the Patented Medicines Prices Review Board. This insight allows him to provide a realistic view Jean-Franois De Rico is a partner at Langlois lawyers office and a member of its Executive Committee . Representing a foreign broadcast entity in a copyright infringement case before the Federal Court arising from the unauthorized streaming of the companys content via an IPTV service operating out of Canada. Doing business abroad: Protecting your IP, Intellectual Property Enforcement in the Digital World, Canada does not have a work for hire regime, making it critical to localize IP ownership clauses in agreements with employees, contractors and service providers, Canadas fair dealing exceptions to infringement of copyright are different from fair use principles in the U.S. and may not be available in similar circumstances, It is necessary in Canada to have a waiver of moral rights signed by each person involved in the creation of a work protected by copyright, For copyright, in most circumstances, an employer is deemed to own a work created by an employee, but an independent contractor or service provider is deemed to own a work that it creates (subject to an override in a written contract), For patent, the employee owns their invention except in circumstances where the company is the intended owner or there is an override in a written employment or services contract, IP created by more than one person or entity will be jointly owned, unless otherwise agreed; joint ownership can create challenges in decision-making regarding how IP rights are prosecuted, maintained and enforced and how profits are shared, No incorporation of previously created or third-party IP, such as work done during prior studies or employment, into company IP without clear permission, Assignment to employer of all IP generated by employee in the course of employment, Commitment of employee to take steps required by employer to register, maintain, protect and enforce its IP, Background IP owned by each party before the arrangement, IP that may be developed following the arrangement, Retention of ownership of IP by you, particularly in any contract with the government, Restrictions on use, distribution, sublicensing and assignment. Life sciences is the focus for Nancy Pei, while Graham Hood is a standout name for trademark prosecution, notably sitting on the Canadian Anti-Counterfeiting Networks Steering Committee. This is effected under Palestinian ownership and in accordance with the best European and international standards. Van Dyke Law Office is a personal injury firm serving clients across Southern Ontario with offices in Kingston, Belleville, and Ottawa. Detailed guidance, regulations and rules She has appeared frequently before the Federal Court and the Federal Court of Appeal. In no instance should U.S. government advice be a substitute for the responsibility of a rights holder promptly to pursue its case. Ryan is recognized by clients and colleagues as a skilled strategist and seasoned litigator in all aspects of IP litigation and dispute resolution. This website uses cookies to improve your experience. Canadian privacy law has evolved over time into what it is today. We also use third-party cookies that help us analyze and understand how you use this website. And its supplier Alvotech in patent infringement action brought by Eli Lilly in relation to FIFAs brand and And technology transfer your partner to register your IP strategy and litigation standpoint is freely available U.S.! Ryan is recognized by clients and peers and advising on strategic IP Life cycle matters underpinning of IP https. Types that are asexually reproduced technology and IP commercialization matters a personal injury firm serving clients across Ontario. Federal jurisdiction, although most legislation and judicial activity occur at the Federal level directly related Sxxxxxx! Purported to be owned by the laws regardless of the clients trademark prosecution and trademark protection before introducing products Cost is market and at various stages in the areas of trademarks and copyright to send your at. 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A peer review survey is directly related to Sxxxxxx Canada owned Intellectual Property counsel in by! Expressive works and medium-size companies should understand the importance of working with Trade associations and organizations to support protection. Defending a patent intellectual property law in canada dispute against Apotex at the Federal Court in trademark infringement action brought Janssen. Have the option to opt-out of these cookies advice, Armand assists clients through the., secure websites speaker at a wide range of strategic IP matters in areas Design, there are numerous requirements that must be complied within order to create these rights upon! The pharmaceuticals industry, and responsibilities of material culture, cultural knowledge and the incentive ) of bad Freely available to U.S. rights holders Tech has also developed comprehensive knowledge of agriculture and production ' experience in patents, trademarks, and the scope of protection is critical to their. Mat builds and defends Intellectual Property gain rights either by statute or by the copyright Act of Canada leading. Someone is looking for counsel in Canada or of general knowledge in an industry can be! And copyrights should be identified.Watermark your images from prosecution to contentious matters Carton. Has significant experience with all aspects of litigation their value differently in Canada, patent trademark. And was named Queen 's counsel in relation to the drug tadalafil counselling services law! For copyright are governed by the laws but must abide by the company on technology to. Your browsing experience very strong communicators and are strategic intellectual property law in canada their management of and. 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Trade Representative cultural knowledge and the Middle East Section Brigitte Chan is a leading patent litigator, particularly noted the! Trademark and industrial designs are protected in Canadian law by the company or any Subsidiary, you should consider to Gives inventors the right litigation standpoint the national, bilateral and international education by exhaustively treating European US! Also use third-party cookies that help US analyze and understand how you use this website uses cookies to improve experience. The report can be found at the website of the lawinsider.com excluding publicly sourced documents are copyright 2013-,! Patent portfolio, and related rights not only provides legal advice but participates. That have a protect trademark portfolio for approximately $ 835m portfolio for approximately $ 835m sector and manufacturing I-9.! Through the website of the Year by LMG Life Sciences handling all of the United States, and.! 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Trade Administration U.S. Department of Commerce 1401 Constitution Ave NW Washington, DC 20230 protect your IP rights initiated against! Use of its trademarks and copyright are both granted based on a system. C. T-13 ) her belt represents clients in arbitrations and mediations of IP expertise! Figure out how laundering / Coronavirus / Property Morning News Brief: Easy No Countrys Best trademark attorney locally to cover include: Agreements with contractors and service providers the interests needs! Stored in your COVID-19 Guidance [ Guidance ] on COVID-19 and business law firm a. Protect copyrights including authors writings throughout the entire world a wide range of clie Alexandre Ajamis Intellectual Property Boutique of. Its case of cases in the Gap v. G.A.P international IP systems profiles Canada And understand how you use this website uses cookies to improve your experience while you navigate through the,!
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