Intellectual property conveys legal rights from your creation, idea and designs. These rights can be powerful business tools but should not be used beyond the bounds provided by the laws which grant the rights.
We work with both IP rights holders and those accused of infringing rights. Our approach is to understand and advise on the extent of the legal rights, to discuss the practical costs and difficulties in enforcing the rights, and given these, to seek a fair and just resolution of the dispute.
While most IP disputes are resolved before trial, litigation is an important mechanism for determining the validity and scope of IP rights, and for enforcing these rights in Court. We are happy to be able to represent you both in and out of Court on any IP dispute you might have. We have appeared before the Provincial Court of British Columbia, Supreme Court of British Columbia, The Federal Court of Canada and the Federal Court of Appeal of Canada. We also have experience with administrative tribunals for both patents and trade-marks, and with both voluntary and court mandated dispute resolution procedures.
IP enforcement through litigation has long raised concerns relation to its demanding cost (particularly in association with the need of scientific literary with legal skills, use of expert witnesses in a patent suit). However, in many circumstances litigation can achieve significant results for your business, from stopping copying by a competitor, to a significant damage award.
We work hard to ensure there is clear communication as to the costs of any litigation, and how these costs are to be managed. We will advise you as to the anticipated steps in any litigation process, the anticipated costs of those steps, and whether we are meeting or exceeding our budget expectations on your behalf. We can work with you to budget fees, either through fixed monthly or target based billings, or through our hourly rates. For more information on our pricing philosophy, please see here.