Intellectual Property

INTELLECTUAL PROPERTY

Intellectual property (IP) is the most valuable corporate asset of many companies in today’s business market where innovation is a key competitive differentiator. Leveraging and protecting IP often requires significant investment by several players, from the innovative developers to those who sell the ideas.

McMillan’s Intellectual Property lawyers understand what is at stake for your business, anticipating our clients’ challenges and threats, we are recognized as one of the leading IP practices in Canada, with a successful track record crafting sound IP protection and enforcement strategies that help clients maximize the value of their critical intangible assets.

Our legal teams consist of copyright lawyers, patent and trademark agents, scientific consultants and law clerks. In fact, many of our intellectual property lawyers and litigators hold degrees in chemistry, biology, mathematics, physics and engineering, equipping them with the strong technical expertise required for a deep understanding of our client’s businesses and intellectual property. Several McMillan intellectual property lawyers have taught intellectual property law in law schools across Canada.

INTELLECTUAL PROPERTY LITIGATION

In today’s fiercely competitive landscape, intellectual property needs fierce protection. McMillan’s intellectual property lawyers and litigators have acted as counsel at trial and on appeal in some of the most significant patent litigations in Canada and abroad. We also assist foreign counsel in obtaining evidence in Canada, including applications for the enforcement of Letters Rogatory from various jurisdictions around the world, and obtain and defend against pre-trial injunction and seizure orders.

McMillan advocates patent infringement remedies with the courts and/or infringing parties, and handle appeals from trademark oppositions and non-use rulings, while counselling on anti-counterfeiting strategies. We also advise on IP asset strategies related to mergers and acquisitions, divestitures and other transactions, so credit for original ideas is maintained.

McMillan’s ability to litigate patents and audits in Canada is complemented by our ability to coordinate litigation with other jurisdictions through our trusted legal networks globally. No matter where your ideas are created, McMillan will help you protect them.

COPYRIGHT

Each year, copyright infringement costs content developers billions of dollars in lost revenue. Such a loss is a particularly hard — and personal — blow for artists. In today’s digital landscape, creative content needs the protection of online and internet copyright law. Particularly in the online media world, copyright lawyers play a pivotal role in the global fight against the burgeoning practice of media pirating.

McMillan’s copyright lawyers provide expert copyright legal counsel to a wide range of Canadian and international communications and telecommunications operations, music labels, artists, publishers, film and television production companies, financing parties, software and multimedia firms, and advertising and marketing agencies. Our trademark lawyers help protect artists’ and companies’ intellectual property from illegal appropriation to they can retain their competitive edge.

TRADEMARKS

Organizations spend millions of advertising dollars to imprint their brand on consumers’ memories, necessitating the assistance of a registered Canadian trademark agent to ensure the customer experience you’ve worked hard to create is yours and yours alone.

McMillan LLP is a trademark law firm with a stellar track record of helping Canadian and global brands succeed. Our rigorous approach to registering, commercializing and enforcing trademarks keeps our clients’ growth strategies on track and their brand centre stage. McMillan’s Intellectual Property Group is made up of highly experienced trademark lawyers who are experts at registering trademarks in Canada, North America and internationally. Our Matchmark® trademark system is a proprietary internal database that helps our teams expedite the application, prosecution, maintenance and licensing of trademarks across sectors.

PATENTS

Patents deliver value to both companies and national economies. As a leading Canadian patent law firm, McMillan and its experienced patent lawyers specialize in safeguarding the intellectual property of innovators.

McMillan’s Intellectual Property Group includes trademark patent lawyers, trademark agents and patent infringement lawyers with experience handling patent issues across a full range of industries. Our patent lawyers protect original creations and enforce IP rights by combining their experience in international patent law with a strong ability to convey technical concepts. McMillan understands the innovation process — from research and development to manufacturing and distribution agreements to transfers and licensing — and we work tirelessly to protect our clients’ intellectual property and advocate on behalf of our clients’ commercial interests.

LICENSING

The transfer of IP — especially related to technology — is fundamental to many organizations’ success and the continuance of innovation in Canada and globally. Without a robust licensing system and experienced patent trademark and patent infringement lawyers, innovation in many industries would be significantly curtailed.

McMillan’s patent lawyers facilitate all aspects of technology transfer and commercial transactions involving IP. McMillan is dedicated to ensuring our commercial clients’ legal rights are protected and their business can successfully grow through licensing agreements. Among other things, our patent trademark and patent infringement lawyers draft trademark license, co-existence and concurrent use agreements; perform IP valuations and due diligence as part of mergers, acquisitions and divestitures; establish IP holding companies with resulting licenses to IP users; draft copyright license agreements in areas such as merchandising, publishing, software and social media; and advise on ownership and licensing of IP in research agreements.

INDUSTRIAL DESIGN

A unique, well-designed product can serve as a significant competitive advantage, and manufacturers can command a premium price based on an original design element. Companies wanting to protect their industrial designs require the assistance of a law firm specializing in industrial design to protect their industrial designs. McMillan’s expertise and counsel help companies protect their intellectual property, secure a bigger piece of the market and ward off product imitators reproducing low quality products and selling them for a cheaper price. McMillan IP lawyers use their knowledge and expertise to protect your original brand’s equity.

McMillan’s Intellectual Property Group can: advise on a design’s likelihood to be accepted for registration; file registered design applications in Canada and coordinating records in other jurisdictions; draft and enforce non-disclosure agreements with third parties involved in the design or production process; advise on how to ensure designs are adequately marked as registered to prevent infringement; and litigate infringement claims and negotiating settlements.

DOWNLOADS

• Intellectual Property 2021 Year in Review