Mark Biernacki is a partner 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.
In addition to being named in Benchmark Canada as a ‘Litigation Star’, Mark is also listed in Euromoney’s Expert Guides: Trade Marks, Managing Intellectual Property’s IP Stars Handbook: Trademarks & Copyright, The Legal 500 Canada as a ‘Next Generation Lawyer’ and The Best Lawyers in Canada.
He is a Fellow of the Intellectual Property Institute of Canada; member of the International Trademark Association; Vice-Chair of the INTA Enforcement Committee
B.A.Sc. (Mechanical); LL.B. (Osgoode Hall). Registered Patent and Trademark Agent. Called to the Ontario Bar in 1999.
Updated April 2021
