Litigation

The protection of intellectual property (IP) inevitably involves disputes over rights to that property. Bereskin & Parr LLP, a leader in IP law in Canada, has extensive experience in litigation and the management and effective resolution of such disputes. Our firm’s Litigation group advises and acts in all types of intellectual property cases, from simple disputes that may only require pragmatic negotiation, to major cases. We act for parties both large and small, from individual inventors and start-ups to international companies.

Our litigators have a wide variety of technical backgrounds in engineering, biotechnology, and computer-related fields, and are able to efficiently present complex technical cases. Several members have taken extensive training in mediation and arbitration and have extensive experience before the Supreme Court of Canada and federal and provincial courts and tribunals. Our professionals have also handled domain name disputes in the courts or using the Internet Corporation for Assigned Names and Numbers’ (ICANN) dispute resolution policy. We tailor a litigation team for each case bringing together lawyers with both educational backgrounds and experience to suit the case.

Our litigation group is committed to selecting and implementing the best approach possible, and does so by being practical, efficient, and cost-effective. It is our policy to explore all available dispute resolution options in every case in order to provide practical business solutions and encourage settlement whenever possible. We emphasize file management and organization from the outset of the case with regular reviews of status and strategy with our client, and regular reporting.

Our Services

The following is a list of services that members of our Litigation practice group provide:

  • Patent litigation
  • Trademark and unfair competition litigation
  • Trade dress litigation
  • Domain name disputes and litigation
  • Copyright litigation
  • Industrial design litigation
  • Confidential information litigation
  • Alternative dispute resolution

 

Recent Articles

Supreme Court of Canada Rules on Obligations of ISPs Under Notice and Notice Regime – Copyright Owners Have to Pay (Something) to Play

Article September 14, 2018

Supreme Court of Canada Rules on Obligations of ISPs Under Notice and Notice Regime – Copyright...

Is it “common sense” that “hotel services” requires a bricks and mortar hotel in Canada?

Article September 13, 2018

Is it “common sense” that “hotel services” requires a bricks and mortar hotel in Canada?

Advantages Making the Federal Court of Canada an Increasingly Desirable Forum for Intellectual Property Disputes

Article August 23, 2018

Advantages Making the Federal Court of Canada an Increasingly Desirable Forum for Intellectual...

HERCEPTIN Patents Survive Preliminary Non-Infringement Challenge in the First Motion Under Section 6.08 of the Patented Medicines (Notice of Compliance) Regulations

Article August 22, 2018

HERCEPTIN Patents Survive Preliminary Non-Infringement Challenge in the First Motion Under Section...

Did You Unintentionally Just Settle? A Cautionary Reminder to be Objectively Clear in Your Negotiations

Article August 10, 2018

Did You Unintentionally Just Settle? A Cautionary Reminder to be Objectively Clear in Your Nego...

The Biosimilar Landscape in Canada

Article August 9, 2018

The Biosimilar Landscape in Canada

view more

Practice Group Leader

Andrew McIntosh Andrew McIntosh
B.Sc. (Chem.), J.D., LL.B.
Partner