Intellectual property provides opportunities for agricultural innovators
In the agricultural industry, innovation is encouraged, supported and protected by intellectual property laws.
With the transition of agriculture from an industry based on natural resources to one based on science and research, strong IP strategy and protection has become increasingly important. IP stimulates research into new technologies as well as the improvement of existing products that advance sustainable agricultural productivity around the world.
A bright future for Canadian agriculture
Canada’s agricultural sector has grown and diversified into a global innovation leader and continues to be a driving force in international trade. Canada is the world’s fifth-largest agriculture exporter and is the sixth-largest importer of agriculture and agri-food products in the world. As Canada’s reach expands, strong intellectual property protection will only be more essential.
Agriculture is a global concern
The Smart & Biggar team stays on the cutting edge of global change. Our clients include ground-breaking start-ups as well as some of the largest agricultural products and services companies in the world — including companies in agricultural manufacturing, chemicals, seeds, pulp and paper, as well as research institutions and universities.
We collaborate with life science, chemistry and engineering IP practitioners around the world to obtain protection for Canadian agricultural inventions abroad, and protection for foreign agricultural inventions in Canada. While our offices extend across the country, our practice and experience cover the globe.
Our depth of knowledge is unmatched
Our team of IP lawyers and agents has unmatched experience in evolving agricultural technologies, as well as practical and business-oriented knowledge gained from in-house experience. We help our clients exploit, leverage and license their IP assets and advise on the IP and technology aspects of commercial projects, collaborations and transactions. With our IP and industry-related experience, our clients have a focused team to develop and implement IP management and strategy to strengthen and protect their business objectives and corporate strategy.
We have in-depth experience in all areas of the agricultural sciences, including:
- biofuels and biomass
- precision agriculture systems and methods
- farm equipment
- crop development, including genetic engineering (e.g. plant and animal expression systems, homologous recombination)
- marker assisted breeding
- stress tolerance
- plant/microbe interactions
- oenology, including viticulture, fermentation, yeast engineering
- biomaterials (e.g. pulp and paper products, cellulose microfibrils, fiber-reinforced polymers)
- fertilizers and nutrient formulations
- silviculture, including artificial seeds
- aquaculture and waste treatment technologies
- animal feeds
- food and beverage
- nutritional supplements (e.g. natural products)
- environmental biotechnology (e.g. gene containment, bioremediation)
Technical expertise
Smart & Biggar’s Agricultural Sciences practice group is a multi-disciplinary team that includes experts with advanced degrees in engineering, computer science, plant science, molecular and cellular biology and biochemistry and chemistry. Our extensive expertise and relevant technical training enable us to offer unparalleled services relating to the protection of agricultural innovation, strategic management of international patent portfolios, protection of plant breeders’ rights, or assistance with agricultural regulatory issues.
Legal expertise
Smart & Biggar is committed to protecting agricultural innovation through precise and focused intellectual property enforcement and litigation where required to maximize business opportunity and market share.
Our award winning team of leading IP litigators has appeared at the highest appellate levels of common law and civil law courts, representing clients in both of Canada’s official languages. Having appeared in the Supreme Court of Canada on more than 50 occasions, we have handled a significant share of Canada’s most commercially important and technically complex intellectual property law cases, many of which are leading Canadian precedents.
Our combination of legal expertise and advanced technical training in relevant subspecialties enable us to offer unparalleled IP protection. We are leading experts in patent drafting and prosecution, litigation proceedings, transactions involving the acquisition and licensing of new technologies, regulatory issues, and the strategic management of international and domestic patent and trademark portfolios.
Key Contacts
Client Success
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Malena Produce, Inc v Agricola San Isidro De Culiacan, SPR De RL
T-1738-10Successfully expunged previously registered trademarks. -
Agreement for biotech company for European distribution
IP counsel for a Quebec VC-backed agri-food biotechnology company in structuring, negotiating and drafting a distribution and license agreement with a major pharmaceutical company for European market.Read More -
IP financing for agri-food biotechnology company
IP counsel for a Quebec VC-backed agri-food biotechnology company in a Series B financing round by North-American and European investors.Read More -
Agreement between biotech company and pharmaceutical company
IP counsel for a Quebec VC-backed agri-food biotechnology company in structuring, negotiating and drafting a distribution and license agreement with a major pharmaceutical company for the Canadian mar...Read More -
Agreement between agri-food company and animal health company
IP counsel for a Quebec VC-backed agri-food biotechnology company in structuring, negotiating and drafting IP aspects of a distribution and trademark license agreement with a major European animal hea...Read More -
Agreement between biotech company and Russian distributor
IP counsel for a Quebec VC-backed agri-food biotechnology company in structuring, negotiating and drafting IP aspects of a distribution and trade mark license agreement with a Russian distributor for ...Read More -
License agreements for university in Quebec
IP counsel for a Quebec VC-backed agri-food biotechnology company in negotiating, structuring, and drafting a potential patent license agreement with a major Quebec University.Read More
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Supporting Canada’s green transition: the untapped potential of CIPO’s Green Technologies Program
This article explores the Canadian Intellectual Property Office’s (CIPO) Green Technologies Program, a simple and cost-effective mechanism for fast tracking patent applications related to green techno...Read More -
Cannabis Patents 101: Protecting innovation and growth
With cannabis now legal in Canada for both medical and recreational use, as well as legal for medical and/or recreational use at the state level in the majority of U.S. states, it is no secret compani...Read More -
USMCA v NAFTA: What’s changed and what it means for IP in Canada
After more than a year of negotiations, Canada reached a new free-trade agreement with Mexico and the United States minutes before the midnight deadline on September 30, 2018.Read More -
Food businesses face extensive new requirements for food safety in Canada
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Don’t let your brand go to pot (Part II): how cannabis brand owners can cover their “buds” with plant breeders’ rights
The Canadian federal government is moving quickly towards legalizing the possession and consumption of cannabis for recreational purposes.Read More -
Protecting Your Harvest in Canada: Naming and Registering Plant Varieties
Under Canada’s intellectual property laws, plant breeders may apply to protect their plant varieties by applying for a plant variety denomination pursuant to the Plant Breeders’ Rights Act. Similarly,...Read More -
Canada concludes negotiations on free trade agreement with Trans-Pacific Partners
Canada and eleven other countries, including Australia, Chile, Japan, Malaysia, Mexico, Peru and Singapore, have entered into an agreement to create the world’s largest free-trade zone. The text of t...Read More -
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Bill C-18, entitled the Agricultural Growth Act, received Royal Assent on February 25, 2015, and will come into force on a day to be fixed by order of the Governor in Council.Read More
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Smart & Biggar leads the Canadian patent rankings with 23 lawyers and agents listed in IAM Patent 1000
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On April 24th members of the Women’s Intellectual Property Group (WING) of the IP Institute of Canada (IPIC) connected across Canada for “Trailblazers: An Evening to Celebrate Women in IP and STEM”.Read More -
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