Intellectual Property

Intellectual Property

Protecting your intellectual property and ensuring your company follows new and changing laws is critical to your enterprise’s long-term potential. With professional legal guidance, you can avoid theft of intellectual assets, penalties for not adhering to privacy and copyright laws and maintain a good public reputation.

The Intellectual Property Law group at Devry Smith Frank LLP (DSF), provides an array of services to both protect and facilitate the development and commercialization of intellectual property for corporations and independent developers alike. Our services include:

  • Negotiating and drafting commercial, intellectual property and information technology related agreements, including:
    1. Software Licensing agreements
    2. SaaS and website terms of service
    3. Confidentiality and Non-Disclosure agreements
    4. Invention Assignment agreements
    5. End-User License agreements
  • Advising on the Canadian Scientific Research and Experimental Development (SR&ED) tax incentive program.
  • Assisting with financing from both private and government sources
  • Advising start-ups from inception to exit (for more information, please follow the link to our Start-Up Suite page)
  • Canadian Trademark Registration and Enforcement advice
  • Canadian Copyright Registration and Enforcement advice
  • Privacy Law matters

Canadian Trademark Registration and Enforcement

Our trademark registration expertise allows us to assist our clients with the following:

  • Preliminary trademark searches
  • Preparation of applications for registration
  • Trade-mark renewals

We also provide representation in the areas of:

  • Opposition proceedings
  • Negotiation and settlement of trademark disputes
  • Trademark infringement
  • Validity of registered trademarks and to passing-off

Canadian Copyright Registration and Enforcement

Obtain the proper copyrights is the best way to protect yourself and your work. DSF lawyers will advise you what can be copyrighted and how to go about it. We also assist in the registration of copyrights in Canada and in the preparation of copyright assignments and licensing agreements. Our lawyers are also experienced in representing clients in copyright litigation matters, including both the enforcement of copyrights and defending against allegations of copyright infringement.

Privacy Law

Ensuring your company is compliant with privacy and data protection is a crucial part of running a successful business. Failure to protect data will not only result in penalties but also loss of reputation and consumer trust. At DSF, we know how important this is to your business and our team is experienced in current privacy laws and works to remain up to date and able to advise you. We can advise on a host of issues which might affect your enterprise including obligations under both federal and provincial laws such as:

  • The Personal Information Protection and Electronic Documents Act (PIPEDA)
  • The Freedom of Information and Protection of Privacy Act
  • Canadian Anti-Spam Legislation (CASL)

Additionally, we can help you develop policies which will help ensure compliance with these statues.

Changes to CASL that May Affect You

As of July 1st, 2017, several significant changes went into effect for the Canadian Anti-Spam Legislation. These changes put additional obligations on a company to ensure they are sending communication to willing parties and are giving subscribers has ample opportunity to unsubscribe.

Failure to comply with CASL can result in penalties and fines. DSF intellectual property lawyers are here to help you stay in compliance and also combat claims of noncompliance

If you would like to learn more about CASL, please view and download this document provided by DSF and IED Web Marketing.