The identification, protection, and commercial exploitation of intellectual property has now become big business. Several of the richest individuals in the world owe their wealth to Intellectual property. Many corporations now exploit intellectual property as their core business. For other corporations, intellectual property, while not its core business, has become essential to proper business operations and the achievement of strategic objectives. For others, intellectual property rights of third parties may interfere with their market strategy. Information technology, software technology and pharmaceuticals have all become essential components of our lives upon which we rely each day. Macdonald Sager Manis LLP’s lawyers and patent and trade mark agents are experienced in all fields of intellectual property, information technology, technology law and pharmaceuticals.

 

Macdonald Sager Manis LLP’s experience and successes, through its professionals in Intellectual Property extends back more than 40 years to a time when Patents were litigated before the Exchequer Court of Canada, to a time when many basic principles in IP law were developing and evolving in Canada. Some of the experience and success from our dedicated professionals was part of this evolution – our dedicated professionals were instrumental in this evolution. They still are today!

 

Macdonald Sager Manis LLP‘s professionals’ experience and successes are true not only for Canada, but also internationally, for the United States, Europe (including U.K., Germany, Hungary, Norway and Sweden), Australia, New Zealand, Hong Kong and Singapore. Clearly, this Canadian and worldwide experience and success give us our edge. Our clients entrust us with the international Protection of their IP and they have not been disappointed. Our professionals have established and implemented successful strategies for Canadian and worldwide protection of IP for many of our clients.

 

We know your concerns and understand how to cross the minefields when dealing with Canadian Intellectual Property, not only having written and prosecuted over 200 Canadian Patent applications and litigated numerous Canadian patents but also our professionals having developed the strategies for prosecuting the corresponding patent applications worldwide, and having developed the strategies for litigating numerous patents worldwide. We will do the same for you.

 

Our Services Include:

 

Identification of Intellectual Property

  • Assistance in identifying intellectual property including conducting relevant searches in its identification
  • Intellectual property and technology audits

 

Acquisition of Intellectual Property Rights

  • Conducting patent searches in respect of inventions; preparation, filing and prosecution of patent applications for inventions; conducting searches of existing trademarks to establish the availability of trademarks and the preparation, filing, prosecuting and registering of trade-mark applications; preparation, filing and prosecuting applications for registering industrial designs; and preparation, and filing applications to register copyright.

 

Enforcement of Intellectual Property Rights

  • All aspects of intellectual property litigation, including patents, industrial designs, trade-marks, copyright, confidential information disputes and related matters including proceeding under the Patented Medicines (Notice of Compliance) Regulations in respect of medicines

 

Development and Marketing of Intellectual Property

  • Development agreements
  • Joint Venture agreements
  • Research agreements
  • Clearance of rights to market products
  • Preparation of strategies for clearance of patents in respect of products for pharmaceuticals
  • Preparation of Notices of Allegation with respect to the Patented Medicines (Notice of Compliance) Regulations
  • Complete involvement in litigation arising from the submission of the Notice of allegation including preparation of expert evidence in the litigation arising from the submission of the Notice of Allegation.

 

Protection and of Enforcement Intellectual Property

  • Confidentiality and non-disclosure agreements
  • Database protection agreements
  • Employment agreements (no-disclosure, employee inventions, and non-solicitation)
  • Infringement of Intellectual Property Rights under the Patented Medicines (Notice of Compliance) Regulations in respect of medicines
  • Court Proceedings to Enforce Intellectual Property Rights

 

Purchase and Sale Intellectual Property

  • Intellectual Property assignment agreements
  • Intellectual Property purchase and sale agreements

 

License, Support, and Commercialization of Intellectual Property

  • Advertising and co-marketing agreements
  • Commercialization agreements
  • Escrow agreements
  • Intellectual Property license agreements
  • Outsourcing agreements
  • Software license distribution, reseller, and value added reseller agreements
  • Software maintenance and support agreements

 

Internet and E-Commerce

  • Domain name registration and dispute resolution
  • Electronic contracts
  • Internet agreements and compliance with the Consumer Protection Act
  • Website development and hosting agreements
  • Website terms of use and privacy provisions

 

Export Laws and Regulations

  • Compliance with export laws and regulations relate to intellectual property

 

Procurement

  • Invitation to tenders, request for proposals, and other procurement documents
  • Reviewing bids, tenders, and proposals
 

 

Key ContactAli Baniasadi

Practice Area Members: John Collins, David Gray, David Kornhauser.