Our Intellectual Property Group

The members of the Intellectual Property (IP) Group of Borden Ladner Gervais specialize in providing advice on the development, protection, exploitation and use of intellectual property and information technology. 

Borden Ladner Gervais is a leader in Canadian intellectual property practice. The IP Group of Borden Ladner Gervais is responsible for over 47,000 patent applications and patents, over 37,000 trade-mark applications and registrations and over 3,000 industrial design applications and registrations.

Our professionals have the scientific and legal backgrounds necessary to effectively advise clients on a wide range of IP-related legal issues.  We offer a wide range of technological expertise.  Many of the professionals in our Group hold advanced scientific degrees, engineering degrees and advanced graduate degrees in the fields of biotechnology, chemistry, physics, electronics, electrical engineering, engineering physics, as well as PhDs in the respective fields of analytical chemistry, applied chemistry, genetics, nutrition & metabolism, plant biogenetics, oncology and telecommunications.  Having a considerable number of years at the bench and having published in peer-reviewed journals, our scientific experts bring an insider's understanding to their practice.

The Industry

  • The technology, telecommunications and cultural industries now play an essential role in Canada's economy.  Furthermore, in today's knowledge driven economy, obtaining effective and cost efficient protection and control of intellectual property is imperative.  Continued economic success is increasingly dependent on a well-developed intellectual property strategy.  Many businesses and research organizations consider intangible property their most valuable asset. 
  • Moreover, access to the rights of others through licensing-in or cross- licensing is a growing concern as the trend to protect research results prior to public dissemination accelerates.  Thus, a strong yet flexible intellectual property position not only serves to secure a market niche but provides an asset which can be used to gain access to outside knowledge and to build opportunity for additional revenue flow through licensing.  Combining intellectual property assets through cross-licensing with those of a large multinational company can provide significant advantages to a start-up or research oriented organization in the form of expanded technology access and protection.

Do You Have Intangible Assets?  Are They Protected? Find Out Here.

  • In today's competitive business climate, commercial s u ccess often depends on intangible assets, such as brands, trade secrets and goodwill.  For many businesses, intangible assets comprise a significant portion of their value, and protecting these assets is a critical business requirement.  To help determine how effectively you are protecting your intangible assets, we invite you to take this simple quiz.  Click here.

Inter-disciplinary Approach

  • In an effort to provide a full range of services, BLG takes an inter-disciplinary approach and members of our Group work closely with professionals in other specialized areas, including tax, mergers and acquisitions, banking, capital markets, human resources, employment law and litigation.  We customarily participate in various client specific teams and provide the scientific and legal support required for complex intellectual property protection and management issues and commercial transactions, such as the establishment of strategic alliances, outsourcing agreements, or initial public offerings in biotechnology, telecommunications or other technology sectors.  Whether your business is in the field of technology or is affected only incidentally by new technological developments, we are well positioned to provide up-to-date and timely advice.

Client Focus

  • We recognize your expertise in your field of business and value and appreciate your input.  Focussing on your business strategy greatly assists us in providing timely and cost effective advice and risk assessment in aspects of intellectual property matters.  Discussions involving the strategic development of national and worldwide intellectual property portfolios based on your international marketing strategy also provide the opportunity to build and maintain a good understanding of your business and a strong working relationship.
  • With most of our clients, this relationship is enhanced through regular visits at their offices.  We recognize the importance of maintaining current knowledge and expertise in this rapidly changing field, and are committed to a continued education program including participation at international conferences, and participation in local, national and international organizations in the various fields of intellectual property and information technology.  Our domestic clients who routinely obtain intellectual property protection outside Canada, rely on our extensive experience with international IP practice and our vast international network of foreign associates.

Your Benefit

  • Our Group is committed to timely communications with you and short turnaround times on all matters.  This requires sophisticated systems as well as strong technical leadership and expertise.  An internal advanced computer network and an extensive training program enables us to manage and monitor your portfolio in a most efficient and timely manner.  Our system is continually updated an improved by highly trained technical staff working under the direct supervision of our professionals.
  • All our practice management, file management and accounting functions are centralized through a single database program which tremendously streamlines all operations and allows sophisticated quality control for the achievement of a high level of consistency and reliability.  The result is a state-of-the-art system enabling client-driven service for the effective and efficient management of your intellectual property portfolio worldwide and the generation of customized reports assisting you in the management of your business.

Our Services

The following represents an exemplary list of services offered by our Group:

Procurement of Intellectual Property Protection

  • Trade-mark availability and registrability research
  • Assistance in selection of trade-marks
  • Trade-mark opposition proceedings
  • Registration and renewal of trade-marks
  • Patent research for novel ideas and research results
  • Scope of protection assessment
  • Preparation, filing and registration of patent specifications
  • Copyright registration and protection
  • Negotiation of copyright licensing and royalty schedules
  • Establishment of internal copyright procedures and policies
  • Industrial Design research and registration
  • Protection under the law of Trade Secrets and confidential information
  • Integrated Circuit Topographies and Plant Breeders' Rights
  • Global Portfolio development and management for intellectual property rights
  • Infringement exposure and product clearance evaluation for new technologies and products
  • Validity Assessment of intellectual property rights
  • Preparation, registration and management of Security Interests in IP assets
  • Internet and Marketplace investigations

Management of Intellectual Property Disputes through Litigation and Alternative Dispute Resolution

  • Validity, Impeachment actions on patents, trade-marks and designs in the Provincial, Federal and Supreme Courts
  • Infringement actions on patents, trade-marks, copyright and industrial design
  • Prevention of and actions upon theft or misuse of trade secrets and confidential information and breach of contract
  • Mareva injunctions and Anton Piller orders
  • Passing off actions
  • Evaluation of license, joint venture, co-development and distributorship agreements
  • Regulatory proceedings before the Patented Medicines Prices Review Board, Copyright Board, Trade-mark Opposition Board, Patent Appeal Board and other regulatory agencies
  • Arbitration and mediation of disputes involving intellectual property

Intellectual Property Management

  • Strategic development and management of intellectual property portfolios with consideration of the client's business strategy
  • Tracking program of intellectual property internationally
  • Assessment of existing intellectual property rights and procedures (IP audit)
  • Ongoing cost/benefit analysis
  • Cumulative cost tracking for existing rights
  • Analysis of competitor's intellectual property
  • Licensing portfolio tracking & management

International Practice

  • Management of international intellectual property applications and portfolios
  • Network of associates in all industrialized countries where IP protection is available
  • Cost projection and monitoring as part of ongoing international portfolio analysis
  • Preparation of all documentation and correspondence with international associates
  • International licensing and distribution agreements
  • Cross-border transfers of technology, software and data (including export controls and privacy)
  • Assessment of legal implications of the storage, use and transmission of information within Canada and internationally

Technology-Related Agreements

  • Negotiation, preparation and review of various technology-related agreements, including:
    • Outsourcing agreements
    • Procurement of information systems
    • Licensing of patent, trademark, copyright, trade secrets and other intellectual property
    • Software development agreements
    • Distribution arrangements
    • Web site development and hosting agreements
    • Professional services agreements

Telecommunications and Broadcasting

  • Advising on the regulatory environment
  • Advising on broadcasting and telecommunications agreements
  • Appearing before the CRTC and other regulatory bodies

Computer Crime and Evidence

  • Advising on the use of computer and electronic-based evidence in judicial and administrative proceedings
  • Application of criminal law to misuse of computer, networks and data

Electronic Commerce, the Internet and E-mail

  • Advising on the use of the Internet for marketing and trade
  • Electronic banking
  • Electronic formation of contracts
  • Development of corporate policies related to e-mail and Internet access by employees
  • Electronic data interchange (EDI) and negotiation of trading partner agreements
  • Addressing privacy concerns
  • Advising on jurisdictional issues

Legislative Reform

  • Advising on amendments to intellectual property legislation
  • Implementation of international treaties on intellectual property

Our Experience

Clients

  • The Intellectual Property Group of Borden Ladner Gervais acts for national and international businesses, organizations, corporations, firms and institutions, and international IP firms.

Industries Served

  • Financial institutions
  • Broadcasting, satellite and cable television undertakings
  • Telecommunications
  • Electronics
  • Contract research and Institutional research
  • Biotechnology
  • Pharmaceuticals
  • Manufacturing
  • Utilities
  • Venture capitalists
  • Insurers
  • Hospitals, school boards and government agencies

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