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.
The combination of Gowlings and Wragge Lawrence Graham & Co. has brought together two world class intellectual property (IP) groups to create an international legal practice.
Building on over 100 years of excellence, our IP legal professionals provide clients with international reach for intellectual property services. We can help you protect your innovations wherever your business takes you.
Gowling WLG delivers a full complement of services in all areas of intellectual property, including trademarks, brands, copyrights, anti-counterfeiting, patents and industrial designs,
We manage a vast number of trademark and patent files and protect and enhance our clients’ trademark and patent assets in more than 100 countries through our prosecution services in Canada, Russia and China and through our global network of associate relationships.
Our team have the expertise on contentious and non contentious IP services across a range of industries, and many of our professionals hold specialized expertise in science, engineering and technology. This unique combination of unparalleled legal talent and in-depth industry knowledge enables us to better understand your business and help you realize the full value of your IP.
Gowling WLG has extensive experience in managing global IP portfolios. Our integrated IP management systems allow us to manage clients’ portfolios and deliver outstanding service, value and results across multiple jurisdictions. For decades, we have protected and maximized the intellectual property assets of companies for some of the world’s largest brands.
Year after year, the firm’s intellectual property professionals and practice groups are recognised by some of the world’s most respected legal publications, receiving top ranking in global and country-based publications.
In addition to our IP practice, Gowling WLG has legal expertise in virtually every area of law relevant to business. We see this as one of our core strengths and a key differentiator from other IP service providers, whether they are full-service firms or boutiques.
As an international full-service firm, Gowling WLG offers clients on-the-ground support and legal expertise that span multiple jurisdictions and leverages a global network of associate relationships.
Clients can count on Gowling WLG for innovation, results and value.
Norton Rose Fulbright in Canada is unique in its ability to provide seamless IP advice on a truly national and global scale. We have one of the few IP practices with such a designation in Canada covering IP professionals in each of Québec City, Montréal, Ottawa, Toronto, Calgary and Vancouver. The integration of Bull Housser Tupper was completed on January 1, 2017 and has added a particular depth in trademark prosecution and litigation, anti-counterfeiting, and trade secrets.
Litigation practice: The team of IP litigators at Norton Rose Fulbright is ranked among the best in Canada. We provide offensive and defensive litigation counsel in all areas of intellectual property, including patents infringement and impeachment actions under the Patent Act and pursuant prohibition proceedings and section 8 damages actions under the Patented Medicines (Notice of Compliance Regulations), copyrights, trade-marks, trade-mark oppositions, trade secrets, counterfeit enforcement, and industrial designs. The team is particularly well known and regarded for its patent litigation work for pharmaceutical clients. Our roster of innovative pharmaceutical clients for which we act in litigation is second to none in Canada. As pharmaceutical patent disputes represent a significant part of patent litigation in Canada, our team is extremely active in this area. The patent litigation practice also includes mechanical patents, medical devices and oil and gas patents, among other technologies. More recently, several new partners with leading practices in trademark and copyright litigation have increased our capabilities, successes and client base in this area.
Patent practice: Norton Rose Fulbright's Canada patent attorneys and agents have highly specialized degrees and provide comprehensive intellectual property advice and global portfolio strategy. We handle the Canadian and global patent work for a stellar cross section of Canadian and international clients. Our Canadian Patent Centre of Excellence complements notably the patent expertise within Norton Rose Fulbright in the United States.
We are one of the largest patent filers in Canada with a particular emphasis on drafting original patents and global portfolio strategy, as evidenced by the fact that we are consistently one of the top PCT filers in Canada. We are often selected over our competitors because our patent prosecution expertise is unrivalled and works seamlessly with our disputes and regulatory lawyers to provide strategic and holistic approach to patent portfolio management.
Trademark practice: We assist clients with all aspects of the branding process. This includes providing overall branding strategy, the drafting and prosecuting of trade-mark applications, the provision of advice regarding availability and registrability of marks in Canada and globally. Our team provides strategic trade-mark advice including portfolio review, infringement surveillance, and advice on legal issues connected with introducing products and services to the market, such as branding, product information and advertising. We assist clients with all aspects of brands expansion into social media including acquisition of domain names, and enforcement of brands on all social media channels globally. Our litigation team acts for clients in opposition proceedings, infringement proceedings and expungement proceedings and trade libel actions.
Copyright practice: Our copyright team has expertise in all aspects of copyright law including clearance, acquisition and registration, infringement and litigation, due diligence, licenses, assignments and transactional issues. We act for copyright owners working in various industries such as film, television, video, music, art, fashion, literature, software and evolving media including telecommunications and the Internet. Similarly, our trade-marks team works with clients to acquire, commercialize and safeguard their brands, including logos, product or container shapes and packaging. We advise on all aspects of the selection, registration, commercialization and protection of rights related to trade-marks and brands. We are regularly called upon to advise on the copyright aspects of advertising and marketing campaigns. Clients consistently call upon our professionals for wide industry coverage, the shared experience between the team and our large panel of services. Our litigation lawyers are also active in copyright disputes at both the trial and appellate levels in the software, media, communications, and entertainment sectors with clients including film studios, software and gaming developers, telecommunications companies, the television industry and the music business. We have extensive experience representing rights holders before the Copyright Board and assisting in the enforcement of tariffs, as well as in anti-counterfeiting mandates for fashion enterprises and standards organizations, including border seizures and rapid enforcement campaigns.
Commercial IP practice: The IP team handles a wide range of commercial transactions relating to all areas of intellectual property. For example, our commercial IP team has assisted a major financial institution in developing key collaboration agreements, developed and negotiated licensing agreements with other financial institutions, developed blockchain consortium agreements, and very complex IP co-existence and ownership issues.
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.