François Guay is a partner in Smart & Biggar's Montreal office and a member of the firm's executive committee. He has over 35 years of in-depth IP litigation experience and in-depth experience in advising clients on IP litigation strategies, conducting discoveries, examinations and cross-examinations, as well as preparing highly persuasive arguments to be presented in court.
François is among the top experienced IP litigators in Canada. He has appeared before the Courts of Québec and the Federal Court of Canada. He has argued many cases that have resulted in leading jurisprudence in the fields of patents, trademarks, industrial designs, copyright, unfair competition, trade secrets and computer-related technology. More than 250 of the cases he has been involved in have been reported in Canada. He has a vast amount of experience with extraordinary recourses such as interim or interlocutory injunctions, seizures before judgment and anti-counterfeiting and anti-piracy matters. His case work in Marlboro Canada Limited v Philip Morris Products SA and Bell Canada et al v 1326030 Ontario Inc dba ITVBox.net et al have each been recognized by Managing Intellectual Property as the Canadian Trademark Milestone Case of the Year. In numerous surveys, clients and colleagues have noted François as a "major practitioner" who has a knack for finding the most efficient route out of trouble (IAM Patents 1000, 2017).
François was named Canada's Trademark Litigator of the Year by Benchmark Canada in 2013 and 2014 and IP Lawyer of the Year in 2011 by Best Lawyers. He is listed in The Lexpert®/ALM 500 Guide, Lexpert® US/Canada Cross-Border Litigation Guide, Expert Guides: Leading Patent Law Practitioners and Leading Trademark Law Practitioners, Chambers Global & Chambers Canada, Benchmark Canada, The Best Lawyers in Canada, Who's Who Legal: Patents, Who's Who Legal: Canada, IAM Patent 1000, WTR 1000 and Managing Intellectual Property's IP Stars Handbook: Trademark & Copyright.
François is a fellow of the Intellectual Property Institute of Canada, a member of the International Trademark Association, the International Association for the Protection of Intellectual Property (AIPPI), the European Communities Trade Mark Association, the International League of Competition Law (LIDC), the Association des juristes pour le droit de la vigne et du vin and the Canadian Bar Association.
François attended the Université de Montréal and was called to the Quebec Bar in 1981. He is a registered Trademark Agent (1983).