Intellectual Property Litigation in Canada
By: Elias Borges, patent & trademark lawyer.
We can help you protect your intellectual property rights against any form of infringement by would be competitors or former employees or business associates. We can also help you defend against alleged patent or trademark infringement. We can provide you with the following services relating to intellectual property litigation:
Cease and Desist Letters
Before incurring the costs of commencing a legal action, we can prepare and send out a “Cease and Desist” letter to scare off would be patent, trademark or copyright infringers. Oftentimes, a Cease and Desist letter is all that is required to enforce your rights. We can also help you respond strategically in the event you or your business is served with a cease and desist letter.
Patent Infringement Opinions
The first step before launching (or defending) a patent infringement legal action is to conduct a proper infringement opinion. During the course of the infringement opinion, we will examine the patent at issue and the allegedly infringing product to ensure whether or not actual patent infringement has (or will) occur. We can provide you with a detailed explanation of the exact nature of the patent infringement and what steps, if any, can be taken to either avoid the infringement or prevent further infringement.
Patent Validity Opinions
If you’re on the receiving end of patent infringement legal action, one of the first things to consider is what steps you can take to defend against the action. Rendering the patent invalid is an excellent and powerful way of defending against a patent infringement action. We can conduct prior art searches to determine if the patent is valid and enforceable and provide you with an opinion as to the possible outcomes of any legal proceedings.
If you are involved in a potential trademark dispute, we can undertake various legal proceedings designed to strengthen your rights such as opposition proceedings or expungement proceedings. These proceedings can strengthen your trademark rights by significantly weakening your competition’s rights. We can also provide you with legal opinions as to whether or not your trade name, logo or other marks infringe on someone else's registered marks.
If all else fails, we are capable of commencing and prosecuting legal actions in both Federal and Provincial court to enforce your rights. We have the expertise to handle even the most complex case, providing you with cost effective and professional service of the highest caliber.