Intellectual Property: Litigation
Global Guide 2024 : Canada
Band 2
Email address
[email protected]Contact number
+1 514 397 7400About
Provided by Fasken
IP asset management means getting the most from your portfolio. It’s more than obtaining patents or industrial designs, registering or using trademarks or adequately leveraging your copyrights. Often, it means quantifying the value of your assets and enforcing your rights to maximize the commercial value of your business.
Our expertise includes IP portfolio management, assistance with product development, securing of IP registrations as needed, licensing and sale of IP assets, and advice on branding and management of domain names.
As your business grows, you will look to protecting your innovations and know-how. Analyzing your competitive space is also essential. That’s where we come in with providing opinions regarding your freedom to operate and the patentability of your inventions.
IP is worldwide, but local rules vary, as does the local regulatory environment. That’s why our technical experts are assisted by seasoned professionals knowledgeable of local regulations, particularly in the health and life sciences. With increased cross-border business and the prevalence of counterfeiting, it’s important to have experienced counsel who will navigate regulations and pursue remedies wherever you do business. Fasken has trusted relationships with lawyers and agents across the world, including on the three continents where we are physically located. Our team is qualified in both common and civil law; many of us are bilingual, and between us we speak many languages.
Chambers Review
Fasken is recommended for its skilled handling of patent infringement and prosecution files, often servicing an enviable roster of domestic and international clients. The law firm regularly handles pharmaceutical litigation and copyright disputes across the nation, with noted strength in Montréal. Its IP capabilities are supported by strong regulatory teams focused on the life sciences and media sectors. The team is well known for its work in the technology and telecommunications sectors, and has a diverse client base which ranges from individual entrepreneurs and startups to multinational corporations.
Work Highlights
- Fasken represented the Intellectual Property Institute of Canada in an intervention in Benjamin Moore v Canada regarding the refusal of patent applications for an AI-based colour selection technology.
Strengths
Provided by Chambers
"The team is very thorough in its handling of cases, examining every detail."
"Fasken always provides solutions when problems are encountered."
"Fasken provide the necessary specialists for a case and they work tirelessly."
"The team understands the complexity of a matter and guides us through it. The lawyers are always very reactive and efficient. They also have good commercial awareness."
"The department is extremely responsive and service-oriented."
"The team is very thorough in its handling of cases, examining every detail."
"Fasken always provides solutions when problems are encountered."
"Fasken provide the necessary specialists for a case and they work tirelessly."
"The team understands the complexity of a matter and guides us through it. The lawyers are always very reactive and efficient. They also have good commercial awareness."
"The department is extremely responsive and service-oriented."
Notable Practitioners
Montréal-based Julie Desrosiers is noted for her prominent role in a number of high-profile patent disputes and challenges, with further knowledge of copyright law. She acts for an impressive number of global pharmaceutical companies.
"Julie is very skilled in advocating for patents."
"She is a calm, steady and persuasive advocate."
"She has a very strong reputation and is a senior member of the Bar. She is active and well respected."
"Julie is terrific - far and away the best patent litigator in Québec. She can argue cases in French and English. She is fantastically smart, easygoing and hard-working."
Lawyer and patent agent David Turgeon is the head of Fasken's global IP group, operating from the law firm's offices in Montréal and Québec City. He regularly represents clients in patent infringement, prosecution and invalidity proceedings.
"He is not only well versed within IP law but is also a very effective litigator."
"David Turgeon is an amazing litigator."
"He is thoughtful, patient and creative, and because of all that it is easy to work with him."
"He is very impressive. He knows everything about IP as well as the business aspect from a commercial standpoint. He is proactive with his advice. He is more than a lawyer - he works for you as a partner."
"David is excellent. He delivers quickly and efficiently, and gives great advice."
Marek Nitoslawski holds considerable experience representing clients in a range of contentious intellectual property proceedings, including complex trade mark and patent disputes. Based in Montréal, he has acted for several household names in the Canadian media and manufacturing sectors.
Ranked Lawyers at
Fasken
Canada