Intellectual property

Practical and business-minded lawyers compounded with technical skill and industry experience make our IP team trusted advisors in the protection and defense of your company's most valuable assets.

Intellectual property assets – patents, copyright (including software code, website content and other business content), trademarks, trade secrets and confidential information – are becoming more and more crucial to a company's success. Our team of IP professionals routinely helps companies develop holistic IP strategies to protect these assets. These strategies include every aspect of IP rights, from acquisitions, transactions, licensing, disputes, compliance and more.

The IP experts on our team have backgrounds in a wide range of technical disciplines, including chemistry, engineering, biology and computer science, allowing us to bring a deeper insight to the technical areas of IP development, protection, transfer, commercialization, or a dispute.

We represent businesses of all sizes, from start-ups to multinationals, across a wide variety of industries, including the energy, green technology, oil and gas, software, telecommunications, food and agriculture, consumer products, biotechnology, pharmaceutical and life science sectors.

Areas of focus

Benefits of a full-service firm

When you partner with BD&P, you benefit from our skill and breadth of experience. Our IP team works with lawyers in other areas of the firm, including:

Business law
Energy law
Employment and labour
Litigation and dispute resolution
Mergers and acquisitions
Tax

What our clients say

"They are highly competent and always have the right resources to hand." – Chambers Canada 2022

Representative work

Patent litigation for Fluid Energy Group and Dorf Ketal Chemicals LLC

Counsel for Fluid Energy Group, a chemical company specializing in eco-friendly and low-hazard chemical systems, in various patent infringement and validity proceedings before the Federal Court and Alberta Court of King's Bench.

Copyright and trade secret litigation for a publicly traded energy company

Copyright infringement application in the Federal Court and a breach of confidence action in the Alberta Superior Court over the use of pipe-in-pipe technology purchased for a pipeline construction project.

Trade secret and misuse of confidential litigation for Suncor and Canadian Natural Resources Limited

Defended allegations of breach of licensing agreements, copyright infringement and misuse of confidential seismic data on behalf of a number of oil and gas producers against Geophysical Service Incorporated.

Entropy Inc. and Canadian Growth Fund long-term carbon credit offtake agreement

Negotiated and drafted the first long term (15-year term) dedicated carbon credit offtake agreement in Canada (and likely in the world) between Entropy Inc. and Canadian Growth Fund and a related framework agreement under which the parties may enter into similar projects.

Entropy Inc. research and technology development agreements and patent prosecution

Drafting and negotiating research and technology development agreements, other intellectual property agreements and drafting patent applications for a carbon capture and sequestration company, Entropy Inc.

Oil & Gas commercial and licensing agreements and patent prosecution

Worked with a multi-national oil & gas company on IP-related commercial and licensing agreements with third-party companies collaborating with our client on CCUS-related technologies. Analyzed and provided guidance on related patent/IP issues relating to co- developed technologies and potential mitigation strategies. Assisted with patent searches and drafting of patent applications for carbon capture-related technologies.

EV charging joint venture and commercial agreements

Drafting and negotiating intellectual property licensing agreements, software service agreements and service agreements among joint venture participants for a software company with a platform for facilitating electric vehicle charging station installations.

Petrochemical facility and utility commercial agreements

Negotiating and drafting long-term service, storage and supply agreements and shared utilities and services agreements for major projects of multi-national petrochemical and utility power companies.

TriWest Capital Partners investment in A Parent Media Co. Inc.

Counsel to TriWest Capital Partners in its investment in A Parent Media Co. Inc.

WestBlock Capital Inc. acquisition by LUXXFOLIO Holdings Inc.

Counsel to WestBlock Capital Inc., a cryptocurrency mining company, in its acquisition by LUXXFOLIO Holdings Inc., a digital infrastructure provider based in Canada for an undisclosed sum.