For our economy to be strong, innovation is more crucial now than ever before. To be nurtured, innovation must stem from creativity. Therefore, we should help creative companies make profits and thrive. This is the main role of the Intellectual Property system. Without this system, many SMEs would not thrive.
Trademarks, copyrights and patents are the most common forms of intellectual property. Each type enables the owner in different ways to be protected by the law against third parties. For example, copyright and trademarks, unlike patents, do not need prior registration to be protected.
But beyond the matter of registration formalities, intellectual properties raise three major issues for businesses and their managers:
- Firstly, should intellectual property rights always be registered? If what you want to protect against counterfeiting can hardly be reproduced, why couldn't it constitute a trade secret?
- Secondly, how should these rights be used? Under some circumstances, should a licensing fee be granted? And if so, to whom? If not, is property rights transfer advisable? Or should they be used as assets for a financing leverage?
- Finally, when does the use of these property rights become unlawful under the requirements of a free market? In other words, at what point do we make abusive use of our leading position on the market rather than simply protect our intellectual property?
We can help you answer these complex questions. This complexity is enhanced by a globalized business environment.
In this practice area, our team meets your needs in several ways, including:
Registration of trademarks and copyrights;
- Negotiation of transactions related to intellectual property rights;
- Drafting license contracts and alienation of intellectual property rights;
- Design of protection frameworks for trade secrets including confidentiality agreements;
- Evaluation of intellectual property rights prior to a business acquisition or for financing purposes;
- Conflict resolution between companies or within a company;
- Assistance with proceedings before the Trademarks Opposition Board, the Enterprise Registrar and the Copyright Board;
- Challenging illegitimate practices via the Internet, such as cybersquatting;
- Representation before the courts in matters related to infringement litigation.