Smart & Biggar

IP Litigation and Enforcement

Principal

Mark Biernacki is a Principal in Smart & Biggar’s Toronto office. He is a savvy IP litigator and skilled negotiator who 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 or litigation, and commend him for his creativity and being "excellent in court.” Clients appreciate his considerable experience in pharmaceutical patent litigation, including under the Patented Medicines (Notice of Compliance) Regulations. Both plaintiffs and defendants have been successfully represented by Mark before the Trademarks Opposition Board, Ontario Superior Court of Justice, Federal Court of Canada, and the Federal Court of Appeal. He has also successfully resolved many disputes through mediation and negotiation. He is listed in Euromoney's Expert Guides, Lexpert, MIP’s IP Stars Handbook, The Legal 500 Canada, The Best Lawyers in Canada, World IP Review Leaders, World Trademark Review 1000, and Benchmark Canada as a "Litigation Star". He is a Fellow of IPIC; Member of the International Trademark Association; and Chair of the INTA Enforcement Committee. BASc (Mechanical Engineering); LLB (Osgoode). Registered Patent and Trademark Agent. Called to the Ontario Bar in 1999.

Fellow, Intellectual Property Institute of Canada Member, International Trademark Association; Chair of the Enforcement Committee (2022-2023); Vice-Chair of the Enforcement Committee (2020-2021); Subcommittee Chair of the General Trademark Enforcement Matters Subcommittee (2018-2019); member of the U.S. Subcommittee of the Parallel Imports Committee (2014-2017); member of the Discovery Procedures Sub-committee of the Enforcement Committee (2010-2013); member of the East Europe Anti-Counterfeiting Committee (2008-2009) Associate, American Bar Association; member of the International Copyright Treaties and Laws Section

Ontario Bar, 1999 Registered Patent Agent, 2003 Registered Trademark Agent, 2000 Osgoode Hall, York University, LL.B., 1997 University of Toronto, B.A.Sc. (Mechanical Engineering), 1995; thesis titled Survey of intellectual property policies at Canadian universities