Intellectual Property

The Davis LLP Intellectual Property (IP) Law Practice Group offers a significant advantage through a unique combination of technical expertise and innovative approaches with support from a diversity of services offered by a leading full-service global firm. We have acquired a high level of expertise over many years of handling a variety of challenging cases and sophisticated transactions.

Building on that base, we take an innovative, business-focused, proactive, multi-disciplinary approach that aims to maximize the value of our clients' intellectual capital.

Our national expertise is supplemented by skill and experience in Pacific Rim matters – just one of the many unique attributes we have to offer.  Several of our group members speak and read Asian languages fluently. More importantly, we have unrivalled experience representing Asian clients in a broad scope of matters, including precedent-setting cases.

Our IP Group activities fall under three general categories:

Acquisition of IP and Strategic Considerations Relating Thereto

  • Preparing, filing and prosecuting applications for trade-marks, copyrights and industrial designs
  • Advising on IP-related matters for due diligence in mergers and acquisitions, licensing and other agreements
  • Advising on strategies and techniques for drafting and prosecuting applications
  • Drafting and filing assignments, licenses, security agreements and liens
  • Through our associates, preparing, filing and prosecuting patent applications in a range of technologies (including the life sciences, chemistry, electronics and mechanical subject matter) and advising on validity, invalidity, freedom-to-practice, and infringement of patents

Commercialization of IP & Technology

  • Strategic development of and management of IP portfolios
  • Design and implement tax-effective structures for the optimal commercialization of intangible assets on a national and international basis, and advise on the tax implications of transactions
  • Licensing, franchising and distribution, transfer, acquisition and sale, sales representation and agency agreements teaming, joint venture and other commercial alliance agreements, EDI relationships and outsourcing arrangements
  • Development and design, support and maintenance, and supply and distribution of data, software, hardware and other technology including systems integration, OEM and VAR transactions
  • Establishment of trusts and escrows for source code and other technologies
  • Structuring financings and secured transactions involving intellectual property and other proprietary assets

Enforcement of Rights and the Resolution of Disputes

  • Litigation, arbitration, and mediation relating to: trade-mark infringement, domain name cyber-squatting, copyright infringement, industrial design and patent infringement and criminal proceedings relating to the infringement of IP rights
  • Passing off and unfair competition
  • Competing ownership claims
  • Disputes relating to license agreements, franchise relationships, and other arrangements involving the commercialization of intellectual property and technology assets
  • Misuse of intellectual property and anti-competitive acts, and abuse of confidential information and trade secrets
  • Trade libel, injurious falsehood and slander of title involving intellectual property rights
  • Representation of clients in the collective administration of copyright before the Copyright Board.
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