Mark Biernacki is a Principal in Smart & Biggar's Toronto office. A skilled litigator and negotiator, Mark excels in all areas of IP litigation including patents, trademarks, copyrights and industrial designs. Recognized as an “IP star,” clients rely on Mark’s ability to successfully resolve disputes through negotiation, mediation and litigation, and commend him for his creativity and being ""excellent in court.”
Mark is known for his broad IP litigation experience and expertise. He has successfully represented numerous clients before the Ontario Superior Court of Justice, Federal Court of Canada and the Federal Court of Appeal. In addition to successfully enforcing valuable pharmaceutical patents, Mark’s many precedent setting victories include securing a record level damage award for circumvention of technological protection measures under the Copyright Act.
Mark is equally accomplished in clearing, prosecuting and registering trademarks. Clients with high value trademark and copyright portfolios turn to him for his strategic advice on the development, implementation and execution of enforcement strategies. He also has expertise in trademark opposition and cancellation proceedings before the Trademarks Office.
Mark’s clients are diverse and include growing Canadian businesses, multi-national corporations, universities and governmental agencies. In addition, he frequently works with international associate firms to procure and enforce intellectual property rights in Canada.
