Smart & Biggar is committed to understanding the business issues faced by our clients and efficiently providing IP services and advice of the highest quality. As Canada's largest firm practising exclusively in intellectual property and technology law, we work with global and domestic businesses and law firms, to help our clients secure, protect and maximize the value of their innovations and intellectual property investments in Canada.
We are dedicated to providing effective, practical and results-oriented services and solutions to help the most innovative and sophisticated businesses protect, exploit and defend their IP rights.
We offer our clients value and quality through:
- Client Service Delivery Excellence – With an international reputation for client service excellence, we leverage sophisticated project management and back office systems to manage our clients' matters, and constantly seek new ways to streamline and increase the efficiency and value of our service offering.
- Specialized Expertise – With one of the largest IP teams in Canada, we offer our clients experience in the combined scientific, technical and legal fields, along with highly specialized industry sector knowledge.
- Litigation Powerhouse – We are highly effective litigators who leave no stone unturned and dominate courtrooms at all levels, including the Supreme Court of Canada. We generate precedent setting victories and record setting damages awards for our clients.
- Technical Strength – Virtually every member of our firm has an engineering or scientific educational background, and many possess graduate degrees in a diverse range of areas. Our experts include four pharmacists and over 55 registered patent agents, many of whom are lawyers.
- History of Partnering – We carefully nurture long-term relationships with clients and expert associate firms around the world. These relationships endure because we consistently seek out opportunities to continuously add value and deliver superior client service.
Main Areas of Practice:
Patents & Designs: We work closely with our clients to develop customised patent protection strategies that provide a powerful competitive advantage. The firm draws on our professionals' unparalleled technical knowledge in evaluating an invention, reviewing its patentability and developing strong and enforceable patent rights throughout the world.
Trademarks: From publishing Canada's first text on trademarks and registering Canada's first sound-mark, to obtaining precedent-setting damages against counterfeiters, the firm enjoys a deep tradition of leadership in trademark protection, licensing and enforcement and is sought after by the owners of the world's most valuable brands.
Copyright & Media: We provide comprehensive expertise in all aspects of copyright law, whether obtaining protection within traditional artistic fields or identifying and defending cutting-edge issues related to rapidly changing advances in areas such as high tech, software, broadcasting, new media and the internet.
Litigation: A dominant force in intellectual property litigation, we are recognized as Canada's leading IP litigation firm. The firm has efficient and highly effective trial lawyers, and no other Canadian firm can claim a more distinguished and successful record.
IP Management & Strategic Counselling: We work closely with clients to manage and develop their rights by performing strategic IP and technology audits, identifying risks and significant opportunities, and advising clients on the best course of action to leverage their rights.
Life Sciences: We work with a variety of clients in Canada and internationally to develop intellectual property protection and license innovations. The combination of extensive expertise and advanced technical training in relevant subspecialties enables the firm to offer outstanding services for the protection of chemical, pharmaceutical and biotechnological inventions.
Pharmaceutical Litigation, Regulatory & Compliance: Our pharmaceutical group is at the forefront of many of the most important judicial decisions relating to pharmaceutical innovation. We handle patent infringement and validity actions; court applications relating to regulatory approval; litigation under access to information legislation; and have represented patentees against subsequent entrants in more than 200 proceedings under the Patented Medicines (Notice of Compliance) Regulations.
Cannabis: Our Cannabis & Hemp industry team provides an integrated team approach and a level of technical depth and support that is unmatched in Canada. With team members located in offices throughout Canada, we ensure seamless local and national advice that reflects both federal and provincial law.
IP Crime: From actively lobbying for improvement in Canada's anti-counterfeiting and anti-piracy laws, policies and environment, to obtaining precedent-setting damages and restitution orders against counterfeiters, the firm's anti-counterfeiting group provides efficient and expert advice and service to cost effectively protect intellectual property rights holders against IP crime.
Licensing & IP Transactions: Our IP licensing and transactional lawyers leverage their expertise in advising on, structuring and negotiating a wide variety of domestic and international M&A, IPOs, financing and patent licensing deals and other intellectual property-related transactions.
6 Key Trademark Filing and Protection Strategies: What to know before Canada’s New Trademark Law comes into effectCanada is close to implementing its new trademark law which, once implemented, will introduce the most significant procedural and substantive changes to Canadian trademark law in 50 years
Captain Morgan forces Admiral Nelson’s to jump ship proving trade dress protection is alive and well in CanadaEkaterina Tsimberis, part of Smart & Biggar’s trial team, successfully represented Diageo Canada in protecting and enforcing its CAPTAIN MORGAN trade dress before the Federal Court
This summer, the Canadian Intellectual Property Office (CIPO) released a practice notice on medical diagnostic method patents. This has been in the works for many years. A draft version was released for public consultation in 2012 and CIPO had indicated in 2013 that the practice notice was...
In a decision dated October 30 2014, the Federal Court of Appeal provided some clarification on the utility requirements for patentability in Canada, and in particular the nature and application of the "promise" of utility. This doctrine has recently been extensively relied on by generic companies...