Smart & Biggar is widely recognized as Canada’s leading firm for intellectual property law. With offices in Ottawa, Toronto, Montreal, Vancouver and Calgary, and over 100 lawyers, patent agents and trademark agents, we are also the largest firm focused purely on IP and related specialty areas. We have a history and tradition of providing the highest quality of IP advisory services and have filed more patent and trademark applications than any firm in Canada.
Our decades of experience in intellectual property, combined with our deep knowledge and expertise across a wide range of technologies and industries, allows us to provide clients with clarity on opportunities and solutions to leverage and maximize IP. No other firm can claim a stronger track record of victories in intellectual property litigation for its clients than Smart & Biggar. We pride ourselves on providing clients with the rare combination of successful trial experience, deep subject matter expertise and sophisticated and practical skills and analysis.
At Smart & Biggar, we have the honour of working with many of Canada’s and the world’s most important innovators and brand owners. We are proud to have supported our clients on the road to market leadership — from start-up companies in emerging growth sectors to multinational corporations, as well as innovators at universities and other research institutions – advising them on their most critical and complex IP matters. We continuously invest in our client relationships, and many of our clients have entrusted us with protecting, enforcing and commercializing their IP rights. Whether we are advising an innovative manufacturer on patent strategy or infringement issues, providing counsel on brand protection and enforcement, or handling the IP aspects of a corporate transaction, we always ensure that our clients receive the full benefit of our unrivaled IP experience and expertise.
Since 1890, we have remained devoted to protecting our clients' intellectual property and technology assets, and advising clients on how to uncover and maximize available opportunities. We are committed to providing expert counsel and guidance to safeguard our clients’ competitive position and help them build and enforce strategic intellectual property and technology rights that will create more value for their business.
Osler acts as an integral business partner by developing and executing global intellectual property strategies in prosecution and litigation that align with our client’s objectives. Our firm represents a vast client base in complex litigation in every field of IP, before every level of the Canadian courts and before international tribunals. We have coordinated and managed prosecution and litigation strategies throughout multiple jurisdictions, and our international reputation for excellence in Canadian IP patent litigation has been built on our winning record. We also supervise the filing and prosecution of patent applications outside of North America on behalf of our clients through our network of foreign associate law firms.
We have extensive experience in drafting, filing, prosecuting and maintaining patent and industrial design applications in Canada, including for leading Canadian and multinational companies. Our patent agents, most of whom are PhD or Masters qualified, are highly proficient in dealing with patent protection and patent avoidance issues in the design, engineering and manufacturing of products, and particularly products to be distributed simultaneously in multiple jurisdictions. We regularly conduct freedom-to-operate studies and render opinions in respect of Canadian patents for our clients.
Our firm routinely acts as counsel to the world’s largest and leading generic pharmaceutical companies, including Mylan Pharmaceuticals, Teva Canada, Samsung Bioepsis, Pharmascience, Celltrion Inc, and many others, and we have particular expertise in representing and advising international and domestic innovators in areas of technology, biotech, life sciences, electronics and consumer products.
Osler has in-depth experience in clearing, registering, maintaining and enforcing trade-mark rights in Canada and internationally, on managing domestic and international portfolios for leading Canadian and global corporations and in successfully representing clients’ interests before the courts and intellectual property administrative tribunals. We also service an extensive network of foreign law and agency firms, assisting those firms in protecting the Canadian rights of their clients. For many consecutive years, Osler has been among the top filers of trade-mark applications with the Canadian Intellectual Property Office (“CIPO”).
A selection of Osler’s trade-mark clients and clients we service through our network of firms include 3M Company, Air Products Canada, Ltd., American Eagle Outfitters, Bass Pro Shops, Bausch & Lomb Inc., Caterpillar, H.D. Lee, Eddie Bauer, Estée Lauder, Fisher–Price, Hugo Boss Canada, LinkedIn Corporation, Live Nation Worldwide, Mattel, Inc., Matsushita, NBA, National Women's Hockey League, Phillips 66, Sullivan Entertainment Inc., WNBA and Wrangler Apparel.
Osler’s Intellectual Property team also represents clients in disputes and litigation involving copyright (including infringement claims, ownership disputes and Copyright Board tariff proceedings), trade-marks (including infringement claims, expungement proceedings and Trade-Mark Opposition Board proceedings), domain names, trade secrets/conﬁdential information, anti-counterfeiting and misleading advertising. Our clients include Re:Sound Music Licensing Company and Universities Canada.
Gowling WLG is recognised among Canada’s leading law firms across all areas of IP. Our award-winning group of IP professionals is Canada’s largest, and has earned a reputation as the go-to team for those seeking ironclad protection for their most valuable brands and other IP rights.
Gowling WLG files more than one and a half times the number of trademark applications in Canada than any other firm, contributing more than 6% of all trademarks filed with the Canadian Intellectual Property Office (CIPO). We also file 9% of patents, more than any other full-service firm, and act in more IP cases before the Federal Court than any other law firm in Canada.
In 2020, Gowling WLG won the Canadian “Firm of the Year” award in the Trademark Prosecution category at the MIP Americas Awards 2020 and was named Canadian “Firm of the Year” in the Trademarks category at the Global IP Awards. In 2019, Gowling WLG was named Canada’s “Firm of the Year” for both Patents and Trademarks at the Global Intellectual Property Awards.
Gowling WLG is pleased to waive the fee associated with the appointment of our firm as Agent of Record on your Canadian designated trademark application under the Madrid Protocol. CIPO will not correspond with foreign agents; therefore, having a Canadian Agent appointed will significantly reduce the risk of missed deadlines or inadvertent loss of rights with respect to a Canadian application.
The nature of business today is international, fast-paced and ever-changing. What never changes at Perley-Robertson, Hill & McDougall is the awareness that intellectual property rights must be protected as valuable corporate assets.
Our Intellectual Property Law Group can help you establish, monitor, and enforce the intellectual property rights that are critical to protecting your company’s most valuable commodities. Your intellectual assets follow your business around the world, and our team provides the international expertise and network of partners to support you. We represent individuals, start-ups, and national and international corporations, and can help businesses and venture capital firms establish the value of intellectual property.
Our Ottawa law firm offers expertise across intellectual property law and litigation, and business law. We provide a flexible team of Ottawa lawyers that can be scaled to meet your needs, and can represent clients before administrative bodies and courts. We have industry-specific expertise across the business and technical sides of a range of fields including energy, clean energy, biofuel technology, green patenting, chemistry, biotechnology, nanomedicine, drug delivery technology, cannabis, pharmaceuticals, engineering, electronics, photonics, software, hardware and telecommunications.