Intellectual Property Lawyers

Your brand, your creative work, your inventions and your know-how can be worth more than anything else your business owns. An intellectual property lawyer helps you protect them, use them in contracts and defend them when someone copies them, or when someone says you copied them. On this page you can compare intellectual property lawyers, see their availability and book a consultation online.

What an intellectual property lawyer does

Intellectual property (IP) is mostly governed by federal law in Canada, so the same core rules apply across the country. Depending on your situation, a lawyer can:

• Identify what you own: look at your brand, content, products and processes and explain which kind of protection fits each one.
• Protect it: advise on registrations, clear a new brand before you launch it, and set up confidentiality measures.
• Put it in contracts: draft or review licences, assignments, employment and contractor agreements, and confidentiality agreements.
• Enforce your rights: send a cease-and-desist letter, negotiate a settlement or take the matter to court.
• Defend you: respond when you receive a demand letter or are sued for infringement.

The main types of intellectual property

• Trademarks: names, logos, slogans and other signs that set your goods or services apart. Registration is not mandatory, but it gives you clearer rights across Canada.
• Copyright: original works such as text, software, photos, music, videos and designs. Copyright exists automatically once the work is created; registration is optional but can help prove your rights.
• Patents: new, useful and inventive products or processes. A patent must be applied for, and talking about your invention publicly before you file can put its protection at risk.
• Industrial designs: the visual features of a manufactured product, such as its shape, pattern or ornamentation, protected through registration.
• Trade secrets and confidential information: recipes, formulas, client lists, source code or methods that stay valuable because they stay secret. There is no registry; protection comes from contracts and from how carefully you keep the information confidential.

How intellectual property works in Canada and Quebec

The Canadian Intellectual Property Office (CIPO) examines and registers trademarks, patents, industrial designs and copyright. Its searchable databases let you check what is already registered, and its opposition board hears challenges to trademark applications. Patent applications are usually prepared and prosecuted by a registered patent agent, a regulated professional with technical training. Trademark applications can be filed by the owner or by a licensed trademark agent, and many IP lawyers are also agents. A lawyer is the one who gives legal advice on your rights, negotiates and goes to court.

When a dispute goes to court, the Federal Court hears many IP cases across Canada, including infringement actions and challenges to registrations. Depending on the case, some disputes can also be brought before the Superior Court of Quebec, especially when they are mixed with contract issues.

Quebec adds a language layer. Under the Charter of the French language, product labelling, public signage and commercial advertising must include French. A trademark in another language can sometimes be used, but the conditions are strict and French must be given enough presence on signs and packaging. The Office québécois de la langue française oversees these rules. If you are launching a brand in Quebec, or expanding into Quebec, check this early.

Who owns the work: IP in contracts

Many IP problems start with a contract, or with the lack of one. As a general rule, when an employee creates copyright work as part of their job, the employer is the first owner unless they agreed otherwise. A freelancer or contractor, on the other hand, usually keeps the rights unless they assign them in writing. Ownership of inventions depends largely on the contract and the circumstances. Authors also keep moral rights, which can be waived but not transferred.

A lawyer can make sure the people who build your logo, website, software or product actually transfer the rights to you, and that a licence clearly states what can be used, where, for how long and on what terms.

Infringement: when someone copies you

If someone uses a confusing brand, copies your content or product, or takes confidential information, the usual first step is a cease-and-desist letter. Many disputes settle at that stage. When they do not, the case can go to court, where remedies may include an order to stop and compensation. Be careful with threats: a letter that overstates your rights can backfire, so it is worth having a lawyer review it before it goes out.

When to get a lawyer

• You are about to launch a new brand, product name or logo and want to know if it is available.
• You received a cease-and-desist letter, or found someone copying your work or your brand.
• You are hiring a designer, developer or agency and want to own what they create.
• You are licensing, selling or buying IP, or buying a business whose value depends on it.
• You have an invention and want to know whether and how to protect it before you disclose it.
• Your trademark, packaging or signage has to comply with Quebec language rules.

Some steps come with strict deadlines, for example when a trademark application is opposed or when a court proceeding is served. If you received a letter or a notice, get advice quickly.

Preparing for your consultation

• A short description of what you want to protect or what happened, with dates.
• Samples: the logo, the product, the content, or screenshots of the copy you found.
• Any registration, application or search results you already have.
• Contracts with employees, contractors, partners or licensees related to the work.
• Any letter or notice you received, and your questions about options and next steps.

Compare intellectual property lawyers and book on JustiConnect

Browse the lawyers listed below, filter by location, language and availability, and book a consultation directly. You can also search all intellectual property lawyers or find intellectual property lawyers in Montreal. Check each profile to see where the lawyer practises. Not sure how to choose? Read our guide on how to choose a lawyer in Quebec.

Frequently asked questions

What is an intellectual property lawyer?

It is a lawyer who advises on trademarks, copyright, patents, industrial designs and trade secrets. They help you protect these assets, use them in contracts and enforce or defend them in a dispute.

Do I need a lawyer or a patent agent?

For a patent application, a registered patent agent usually drafts and files it. A lawyer advises on ownership, contracts, licensing and disputes. Many files benefit from both, and some professionals are both lawyer and agent.

Do I have to register my trademark or copyright?

No. Copyright exists automatically and unregistered trademarks can have some protection. Registration, though, makes your rights clearer and easier to enforce, especially for a trademark.

Who owns the logo or website a freelancer made for me?

Often the freelancer, unless your contract assigns the rights to you in writing. A lawyer can review your agreement and fix the gap if there is one.

Can I use an English trademark in Quebec?

In some cases, yes, but the Charter of the French language sets strict conditions for signs, packaging and advertising. A lawyer can check how the rules apply to your brand before you print or install anything.