Intellectual Property

Our professionals will assist you in protecting, defending, and marketing your intangible assets in Canada and elsewhere in the world. They advise you on the strategic choices you need to make in the early stages of their development. Our experience also includes the negotiation of various contracts such as licensing, franchising, and co-existence agreements.

Trademark

A trademark allows you to distinguish yourself from the competition. Whether it is made up of words, images, sound, holograms, colors, textures or moving images, it is a guarantee of reputation and recognition that are essential aspects of the brand image of any private or public business or organization. Our trademark lawyers and agents ensure that your trademarks are protected and enhanced, both in Canada and abroad.

Copyright

Copyright protects literary, dramatic, musical, or artistic works as well as performances, sound recordings and communication signals. Its owner has the exclusive right to produce, reproduce, publish, or perform the work in whole or in part, including for commercial purposes. We can put in place protection mechanisms that consider the most recent advances and best practices in the sector.

It is important to remember that copyright protects all forms of literature and art, and that the concept has evolved over time to protect many forms of digital and technological works. If someone is copying your website, or if you want to protect a computer code, copyright may be the best option.

In connection with trademarks, it is to the advantage of any business to be the owner of the copyright on its logos. An assignment of copyright must be evidenced in writing. Paying an outside firm or consultant to create a logo or website, for example, is not equivalent to an assignment of copyright.

There are also other strategies to better protect your copyrights. We can advise you on these strategies, as well as in the negotiation and drafting of various copyright agreements.

Industrial Designs

Industrial design relates to the visual characteristics of the shape, pattern, and decorative elements of a manufactured article for the purpose of reproducing it on an assembly line. Industrial design protection can cover the appearance of various common objects, for example: the shape of a chair, a piece of jewelry or a bottle, the shape and pattern of clothing, or the graphical user interface of a device. The appearance of utilitarian objects is an important criterion that influences the purchase of a product. Industrial design registration provides you with an exclusivity that represents an important competitive advantage in the marketplace.

Patents

A patent protects an invention, process, machine, manufacture or composition of matter, and the improvement of any of them that is new, useful, and non-obvious to a person skilled in the art.  In Canada, as in most countries, obtaining a patent therefore makes it possible to prevent third parties from making, selling, or using an invention for a maximum period of 20 years from the date of the patent application, for those countries for which registration has been obtained. A patent is therefore an asset, which can also be sold or for which licenses to use or market the invention can be granted to third parties in return for remuneration. Our lawyers can advise you on strategies for the internationalization of your patent, on the agreements to be put in place with your employees, consultants, and business contacts, to ensure the eventual registrability of the patent, as well as for the negotiation and drafting of patent assignment and licensing agreements.

Trade Secrets and Know-How

A large part of what distinguishes any business or organization is its know-how, its secrets, which no one wants to see revealed to the competition. Our lawyers can advise you on the best strategies to adopt from a legal point of view with your employees, consultants, subcontractors, and business contacts, as well as in the drafting of documents and contracts aimed at ensuring the confidentiality and controlled use of this valuable information, for which it is also possible to assign rights or grant licenses for a fee.

Intellectual Property Litigation

Our team can assist you in the protection and defense of your intellectual property rights. Whether you are thinking of having your rights recognized, suing infringers, unfair competitors, counterparties for breach of contract, bankruptcy, or non-performance of an obligation, or responding to any of these situations, we can recommend the best strategies to protect your rights, whether they are judicial or administrative. We can represent you in litigation before the Federal Court or any other court.