Intellectual Property Law supports the development, use and sale of intellectual property (IP). Examples of IP include trademarks, copyright, patents, design, internet domain names, and trade secrets. IP law defines who can use what IP and under what circumstances. It provides the means to control IP usage and to seek remedies where inappropriate use occurs. Through IP law the value of an organization’s IP is enhanced and protected.

Practice Area of Focus

Our firm has acted for both public and private sector clients on all aspects of IP law, focusing on assisting clients to achieve maximum value from their creative activities. Our lawyers and trademark agents make applications for registration of trademarks in Canada, the United States and internationally and act to protect trademarks through oppositions to others’ applications, actions for infringement or passing off, and through active licensing of marks.

We also assist with client situations involving the interrelationship amongst internet domain names, copyrights and trademarks. These include pursuing “ takedown” steps under Canadian and United States legislation, where our client’s intellectual property may be infringed in someone else’s website or social media account. Licensing of IP is an essential element – both to benefit from allowing others to use your IP, and to benefit from using others’ IP. The management of IP includes the protection of IP through confidentiality and non-disclosure agreements. Contracting for IP work is very important as the contracts set forth the rights of the parties to the IP that is being created.

Trademarks

Applying for and registering marks, opposing conflicting marks, licensing and monitoring use.

Copyrights

Advising on protection and registration, licensing, development contracting requirements.

Designs

Applying for and registration of Designs ( known as Industrial Designs in Canada, and Design Patents in the United States, with similar names elsewhere), which protect unique visual aspects, such as shape or pattern, of a finished article; licensing.

Patents

Where necessary to best serve a client's need for protection of its innovation, we utilize long-standing relationships with specialized patent agent firms in Canada, and in other nations (particularly in the United States and England) to assist with the patent application and prosecution process.

Licensing

Creating value from technologies through comprehensive license agreements
Confidentiality, Non-Disclosure, Competition
Protecting owners' rights - today and for the future

Contracting

Clarity of product, price, parties, rights and obligations in the creation and use of technologies

Enforcement and Dispute Resolution

Advising on steps to enforce rights respecting the use of IP and on the possible approaches to resolving disputes - from negotiation and mediation to litigation

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