snIP/ITs Insights on Canadian Technology and Intellectual Property Law

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This blog houses our commentary on the impact of developing Internet, information technology and intellectual property laws, discusses recent technology news and relates insights derived from our experiences in the technology sector. The blog also shares best practices generated by our decrypted, user-friendly and accessible technology and IP team.

Our contributing bloggers include the following:

James Archer’s  practice focuses on matters related to retail banking and lending and related consumer protection issues. As counsel in the Toronto office, James advises numerous banks and other financial institutions on all aspects of their relationship with consumers – from the drafting of agreements for deposit accounts and TFSAs and advising on compliance with anti-money laundering legislation and disclosure requirements, to the preparation of agreements and disclosure documents for mortgages, motor vehicle and other personal property financing, credit cards, lines of credit and term loans. James received his LLB from the University of Ottawa.

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David Crane David Crane’s practice focuses on M&A, financings, the formation and reorganization of business ventures and complex commercial transactions, with an emphasis on outsourcings. A partner in the Vancouver office, David advises clients on technology law issues including technology distribution and e-commerce. David previously served as in-house counsel at a TSX-listed international hi-tech company.

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Daniel Glover Daniel Glover handles intellectual property litigation, management, acquisition, and protection, and has particular interests in media and privacy law. An associate in the Toronto office, Daniel has represented clients before the Supreme Court of Canada, the Federal Court of Appeal, the Federal Court, the Ontario Superior Court of Justice and the Saskatchewan Court of Appeal. His clients have included Internet service providers, media companies and industry organizations, financial institutions, retailers, visual artists, and technology companies. Previously, Daniel was an editor and writer for the National Post and an editor for the Frommer’s and Let’s Go travel guides. He holds an MA from the University of Toronto and an AB from Harvard University, graduating magna cum laude. Daniel is also a registered trade mark agent.

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Roland Hung Roland Hung maintains a general litigation practice. An associate in the Calgary office, Roland has appeared in Provincial Court and the Court of Queen’s Bench. Roland has experience representing parties before administrative, mediation and arbitration hearings, and also advises on issues ranging from environmental matters to employment and privacy matters. Roland has spoken at the Lexpert Social Media Law conference, and has been published extensively in various journals on the subjects of data protection and privacy. Prior to practising law, he served as a business consultant to several web-based companies. Roland is fluent in Cantonese.

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Fiona Legere Fiona Legere practices in the areas of intellectual property and litigation, with an emphasis on pharmaceutical patent litigation. An associate at the Toronto office, Fiona previously served as a law clerk at the Federal Court of Canada, where she was involved in a number of high profile pharmaceutical patent infringement and injunction cases. Fiona has been published in several scientific and legal journals in the U.S. and Canada, and is a member of the Toronto Intellectual Property Group and the Intellectual Property Institute of Canada. She holds a JD from Osgoode Hall and is the recipient of the Barry D. Torno Memorial Prize for best intellectual property research paper.

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MACDONALD_Beth_bio_1310K. Beth Macdonald maintains an intellectual property and advertising and marketing practice. As counsel in the Vancouver office and a trademark agent, Beth regularly advises on various trade-mark matters, including brand strategy, oppositions and disputes, intellectual property licensing, and advertising and contest issues. She has conducted seminars on various aspects of trade-marks, copyright, technology licensing, and other areas of intellectual property for organizations such as the Canadian Institute, the Licensing Executives Society, the University of British Columbia and the Continuing Legal Education Society of B.C. Beth is a fellow of the Intellectual Property Institute of Canada, a member of the International Trademark Association as well as the Licensing Executive Society and Life Sciences BC. She holds an M.Sc. (genetics) from the University of British Columbia.

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Lisa Melanson Lisa Melanson’s broad practice encompasses the acquisition, exploitation, and enforcement of patent rights in the biological, chemical, and pharmaceutical arts. A U.S. and Canadian patent attorney in the Toronto office, Lisa has significant experience with portfolio management, infringement and validity opinions, freedom-to-operate analyses, and regulatory compliance. Lisa also supports the patent litigation practice. Previously, she clerked at the Federal Court and then practised as a litigator for a few years before moving to New York in 1999 to begin a career in patent law. Lisa received an LLM from Cambridge University.

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Sanjaya Mendis is an associate in our Intellectual Property Litigation Group in Toronto. He practices exclusively in the areas of Intellectual Property and Litigation, with an emphasis on pharmaceutical patent litigation. Sanjaya received his Bachelor of Science, Honours Specialization in Biochemistry, from the University of Ottawa in 2008. He also received his JD from the University of Ottawa’s Faculty of Law in 2011.

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Charles Morgan is the national leader of McCarthy Tétrault’s Information Technology Law Group and co-leader of the Firm’s national Cybersecurity, Privacy and Data Protection Group. McCarthy Tétrault’s Technology Law Group is ranked in the top tier (“Band 1″) for Canada by Chambers Global: The World’s Leading Lawyers for Business as well as by The Canadian Legal Lexpert Directory. Mr. Morgan’s practice focuses primarily on complex commercial transactions in the context of tech M&A, outsourcing, cloud, licensing, e-commerce, data protection and telecommunications. Mr. Morgan has extensive international experience, particularly in the telecommunications sector. Since 2010, Mr. Morgan has ranked as a leading Canadian technology lawyer in Chambers Global. Since 2008, he has been recommended in every edition of the Lexpert directory in the areas of computer/IT law and technology transactions. In 2014, he was named Montreal’s Technology Lawyer of the Year in the legal directory Best Lawyers in Canada.

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Brian O’Neill Brian O’Neill practice encompasses corporate and commercial law. An associate in the Vancouver office, he assists clients with M&A, corporate finance, issues relating to intellectual property, and complex commercial transactions involving technology.

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Ryan Prescott Ryan Prescott advises on intellectual property, privacy, commercial licensing, procurement and outsourcing transactions. An associate in the Toronto office, he represents clients across industries including financial institutions, technology companies, and off-shore operations. He received his JD from Osgoode Hall.

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Catherine Samuel Catherine Samuel handles complex M&A and commercial transactions. A partner in the Calgary office, Catherine acts for public and private companies on commercial arrangements, corporate matters, mergers, acquisitions and divestitures. She also advises on licensing, reseller and distribution agreements, IT outsourcing transactions, procurement matters, and e-commerce and privacy issues. In 2009, Catherine was named among Lexpert Magazine’s Rising Stars: Leading Lawyers Under 40.

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Barry Sookman Barry Sookman is one of Canada’s foremost authorities in the area of information technology and intellectual property law. A partner in the Toronto office, he advises clients on complex IT/IP transactions and litigation. Barry has argued numerous precedent-setting cases at all levels of courts including the Supreme Court of Canada. He is the author of several leading texts including Computer Law: Acquiring and Protecting Information Technology; Computer, Internet and E-Commerce Law; and Computer, Internet and E-Commerce Terms: Judicial, Legislative and Technical Definitions. He has also co-authored and contributed to several other books and publications. Barry is an adjunct professor of intellectual property at Osgoode Hall, and a member of the Joint CBA/PTIC Copyright Committee. You can follow his blog at www.barrysookman.com.

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Thomas Sutton Thomas Sutton is one of the leading lawyers in e-discovery and related technology issues. His practice focuses on corporate, commercial and contractual disputes, securities litigation, injunctive and declaratory relief, and professional liability and discipline. A partner in the Toronto office, he has appeared as trial and appellate counsel at all levels of court in Ontario and various administrative tribunals, garnering national media attention. Thomas has also appeared before the Ontario Securities Commission, the Investment Dealers Association and the Institute of Chartered Accountants of Ontario on behalf of companies, officers, directors, employees and other individuals. He is on the boards of the Lester B. Pearson College of the Pacific and the Medical Legal Society of Toronto. He received an MA in international relations and history from University of Toronto, and a JD from the University of Detroit-Mercy.

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David Tait David Tait maintains a litigation practice with a focus on patents, pharmaceuticals, the Patented Medicines (Notice of Compliance) Regulationsand regulation of natural health products in Canada, as well as, the judicial review of decisions of the Minister of Health (Health Canada). A partner in the Toronto office, David represents a variety of clients in commercial litigation involving contract disputes, tort law, copyright, trademarks and breach of confidence. He has a background in life sciences with formal training in chemistry and holds a master of law from the University of Ottawa. David actively participates in pro bono activities, and is a designated representative for child refugee claimants in Canada who are unaccompanied by adult guardians.

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George Takach George Takach handles corporate and commercial law within the tech sector with a focus on M&A, financing, licensing, outsourcing, procurement, off shoring, and e-commerce transactions within the technology sector. A senior partner in the Toronto office, George has represented clients in acquisition, sales, and financing transactions, and advises on complex e-commerce related legal and compliance issues. George is the author of Computer Law, The Software Business, Contracting for Computers, and Information Technology Agreements. He is an adjunct professor at Osgoode Hall, where he teaches computer law. George is on the Board of Lake Scugog Camp, an organization serving underprivileged and “at risk” children, youth and their families. He received his JD from the University of Toronto and his MA in international relations from Carleton University.

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Steven Tanner practices in the areas of intellectual property law and litigation, with an emphasis on pharmaceutical patent litigation. He is an associate at the Toronto office, and has appeared before the Federal Court on applications and motions involving patent disputes. He has also handled other litigation matters such as defamation and the prosecution of Anton Piller orders and aboriginal disputes. Steve is a member of the Toronto Intellectual Property Group and the Intellectual Property Institute of Canada. He received his JD from the University of Toronto.

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Kirsten Thompson’s practice focuses on written advocacy and opinions, particularly in the areas of complex business disputes, health and biosciences, privacy, and technology. Counsel in the Toronto office, Kirsten drafts arguments for use in the Supreme Court of Canada, all levels of the Federal, Ontario and Quebec courts, administrative tribunals and commercial arbitrations. Kirsten regularly speaks and writes on substantive matters of law and procedure, as well as being a regular contributor to a variety of legal and popular magazines. She received her LLB from Queen’s University and her LLM from Osgoode Hall Law School.

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Meghan Waters is an associate in the Business Law Group in Calgary. She has a general corporate and securities practice. She advises public and private companies on commercial arrangements, mergers, acquisitions and divestitures. She advises public and private issuer clients on public and exempt market offerings. She also works with public companies to ensure compliance with securities laws and stock exchange rules, including continuous disclosure obligations and general corporate governance matters. She received her Bachelor of Arts & Science (Hons.) from McMaster University in 2007, and her LLB from the University of Calgary in 2011. She was admitted to the Alberta bar in 2012.
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Véronique Wattiez Larose Véronique Wattiez Larose’s practice focuses on M&A and private equity. A partner in the Montréal office, she represents clients in a wide variety of areas including biotechnology and pharmaceuticals, video games and computer software, the music industry, the clothing industry and aeronautics. She also advises on all commercial aspects of intellectual property law. Véronique is a Canadian registered trade-mark agent, as well as a member of the Intellectual Property Institute of Canada. She also sits on the management committee of the Université de Montréal L.R. Wilson Chair in Information Technologies and E-Commerce Law. She pursued graduate studies at the Institute for Comparative Law at McGill University.

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