Mark Biernacki

Partner at Smart & Biggar

Mark Biernacki is a skilled litigator and negotiator. He excels in all areas of IP litigation, including patents, trademarks, copyrights and industrial designs. Recognised as an IP Star by Managing Intellectual Property, Mr Biernacki has the ability to successfully resolve disputes through negotiation, mediation and litigation. His clients commend him for his creativity and being “excellent in court”.

Known for his broad IP litigation experience and expertise, Mr Biernacki 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, Mr Biernacki’s many precedent-setting victories include securing a record-level damage award for circumvention of technological protection measures under the Copyright Act.

Mr Biernacki 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.

Mr Biernacki’s clients are diverse and include growing Canadian businesses, multinational corporations, universities and governmental agencies in Canada and abroad. In addition, he frequently works with international associate firms to procure and enforce IP rights in Canada.

He is recognised annually by leading Canadian and international publications, including Benchmark, Best Lawyers, Expert Guides: Trade Mark, The Canadian Legal Lexpert Directory,  IP Stars Handbook: Trademark & Copyright and The Legal 500 Canada.

Professional associations

  • ABA
  • INTA
  • IPIC

Firm details

Smart & Biggar
1100-150 York Street
Suite 1100
Toronto ON M5H 3S5

Contact details

See firm profile