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IP/IT AND PRIVACY LAW
Helping
businesses succeed in a competitive and rapidly changing environment
It is clear that intellectual property
rights are crucial to the success of a growing number of businesses
in many of the world's most important industries. In order to prosper,
our clients must adapt immediately to new challenges. We provide
prompt and creative service so that our clients may become leaders
in the marketplace. We apply our extensive knowledge of the law
to create practical solutions to difficult problems. We help our
clients succeed. Intellectual property and information technology
laws and industries change quickly; we keep abreast of all recent
developments. Our intellectual property and information technology
practice is broad and diverse because we are a special group of
lawyers in a full service law firm.
Click here to see a list of publications by the IP/IT and Privacy Law group.
WHAT WE DO...
Computer and Information Technology
- represent clients in all aspects
of these industries including software contracts, hardware contracts,
CD ROM publishing agreements, consulting agreements, maintenance
contracts, research and development agreements and escrow agreements
Litigation, Infringement and
Dispute Resolution
- conduct infringement, passing off,
misuse of confidential information and other litigation
- explore with our clients the possibility
of early settlement of disputes through negotiation or alternatives
to the court system
Trade Marks
- conduct trade mark searches and
provide opinions as to the availability of trade marks
- advise with respect to the selection,
use and protection of trade marks including strategies to reduce
exposure for infringement of the rights of others and tactics
to maximize the protection of trade mark rights
- file trade mark applications in
Canada and in foreign countries through a network of associated
law firms around the world
- conduct in-house seminars on proper
use and protection of trade marks, trade secrets, copyright and
other intellectual property
- draft "cease and desist" letters
to enforce our client's trade mark rights and respond to "cease
and desist" letters when our clients are accused of infringing
upon someone else's rights
- handle trade mark oppositions and
cancellation proceedings in the Canadian Intellectual Property
Office
Technology Transfers and Joint
Ventures
- structure and prepare agreements
regarding technology transfers whether by way of purchase, licence
or joint venture
- counsel clients regarding the protection,
exploitation, registration and enforcement of proprietary rights
in various technologies including computer software and computer
databases
- help our clients develop new technologies
through research and development agreements
- prepare software licence and software
development agreements
Publishing
- act for publishers, authors and
distributors regarding all aspects of the publishing industry
Copyright
- advise regarding ownership, infringement,
licensing and transfer of copyright
- prepare and file Canadian copyright
registrations for software, databases, printed materials and other
property
- conduct copyright litigation
Internet Law
- prepare and review Internet service
provider contracts
- review the availability of domain
names and deal with domain name disputes
- consult regarding Internet content
issues including copyright and defamation
Franchising and Distributorship
- advise local and international
franchisors with respect to the establishment of franchise systems
in Canada
- review franchise documentation
on behalf of franchisees or franchisors
- enforce franchise documents together
with litigation against defaulting franchisees or franchisors
- prepare distribution agreements
and analyse distribution schemes in light of competition and trade
laws
Confidentiality and Non-Competition
- protect all aspects of technology,
trade secrets, know-how and other sensitive information
- draft confidentiality agreements
with employees, proposed purchasers of businesses, independent
contractors and others
- make proper arrangements to ensure
that a company owns all rights to work prepared for it
- prepare non-competition provisions
in the context of shareholders' agreements, purchase and sale
agreements, and independent contractor agreements
- obtain injunctions and other remedies
against persons who breach their obligations
Privacy
- advise regarding compliance with
privacy legislation related to personal information including
health information
- prepare and review privacy policies
for Internet and other uses
WHO WE REPRESENT...
Our clients range from sole proprietors
to public companies. We act for software developers, hardware suppliers,
Internet service providers, educational institutions, publishers,
and research institutions, among others.
HOW TO REACH
US...
Ralph H. Kroman
Practice Group Chair
T: 416-947-5026
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