Intellectual Property

Intellectual property rights (IPRs) are considered the most valuable intangible assets of businesses and can take various forms, such as trade-marks, patents, copyrights, industrial designs, trade-secrets and confidential information. Our intellectual property services include acquisition, enforcement and maintenance of IPRs. More particularly, we provide the following services to our clients:

Trade-mark Services

  • Conducting clearance searches and drafting of opinions (freedom to operate, infringement opinions, etc.);
  • Preparing, filing and prosecuting trade-mark applications in Canada and internationally via our foreign correspondent network, as well as the creation of trade-mark portfolios;
  • Commencement of opposition and/or expungement proceedings;
  • Drafting of trade-mark licensing agreements, co-existence agreements, as well as other IP related agreements;
  • Making use of Customs protection measures for Canadian businesses holding trade-mark rights

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Copyright Services

  • Title searches (i.e., photographs and other works, ) and opinions;
  • Copyright registrations ;
  • Preparing and negotiating copyright licenses and assignment of copyright, both in employment context and other matters;
  • Managing collective copyright issues;

Trade Secrets

We help our clients ensure that sensitive and proprietary information remains secure from competition, non-authorized partners, employees and the media by auditing current practices and strategizing legal safe-keeping methods.  Our services in the field of trade secrets include the following:

  • Confidentiality (e. non-disclosure) agreements;
  • Database (i.e., “confidential information”) protection strategies;
  • Trade secret policy audits and the like;

Patent and Industrial Design Services

In conjunction with our patent agent network, both in Canada and abroad, we:

  • provide Patentability, infringement and freedom to operate (“FTO”) opinions, as well as providing patent landscapes;
  • assist our clients in the drafting and filing of patent applications (provisional, informal or regular) before various patent offices;
  • monitoring IP assets and as well as conducting reviews of competitor IP;
  • Industrial design registrations;

IP due diligence

Durand Morisseau LLP understands the importance of conducting a strong IP due diligence so as to make informed business decisions in a variety of contexts, such as:

  • the acquisition of third party (or target) IP rights;
  • valuation of IP assets in conjunction with chartered business valuators and accountants;
  • determining and/or assessing the strength of an IP portfolio, as well as determining if an IPR (i.e., a patent) was challenged in other jurisdictions (i.e., USPTO, EUIPO and other national offices);
  • verification of contractual obligations, terms and conditions, as well as other related documents.

IP related agreements

  • Drafting of IP related clauses for Employment Agreements, SaaS agreements and a variety of other types of agreements;
  • Restrictive covenants (non-compete and non-solicitation clauses) in a variety of agreements;
  • Domain Name Transfer Agreements, as well as assignments;

IP Litigation and litigation support services

Our practice encompasses all aspects of defense and enforcement in intellectual property and related areas, including trademark, copyright, unfair competition, false advertising and antitrust. We have prosecuted and defended various copyright actions and defended preliminary injunctions on behalf of our clients before the Federal Court of Canada and other jurisdictions. We have also obtained provisional injunctive relief as well as participated in Anton Piller type injunctions.

We'd love to meet you and help you find the appropriate solution

DURAND MORISSEAU s.e.n.c.r.l./LLP is a dynamic law firm working in both Québec and Ontario focused on providing an array of legal services to our clients, ranging from individuals to large corporations. The foundation of our practice is based on strong client relationships and providing valuable solutions.

We care about our clients, we bridge law and technology and we are socially responsible.

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