Intellectual Property Agreements


Drafting and negotiating IP agreements, including IP licensing agreements, templates, Terms of Use and confidentiality agreements.

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IP contract templates drafted

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IP contracts negotiated

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IP contracts reviewed for advice

Protect your intellectual property interests in commercial contracts

Expert advice that’s easy to understand

We have experience with IP contracts in a variety of industries and subject matter including agreements relating to medical technology. No matter how complex the legal concepts may be, we’ll communicate them in a language that’s easy to understand.

Practical guidance

Our advice is always practical and based on an understanding of your goals. We will help you understand which battles need to be won and which don’t when drafting and negotiating IP contracts.

Flexible services

We can help you with issues relating to IP contracts in whatever way you want, whether it’s drafting provisions, advising you in negotiations or acting as your advocate.

Transparent and affordable fees

We always discuss our fees for work relating to IP contracts at the outset of an engagement. They are always competitive, can be tailored to your budget and billed as fixed fees or on an hourly basis.

We can help you with IP agreements in a way, and at a rate, that makes sense to you

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Easy to understand, practical, flexible and affordable help with IP agreements

If you want an IP law firm that can provide you with easy to understand, practical advice and representation in relation to IP agreements and in a way and at a rate that works for you, then you’ve come to the right place. At Shift Law, we make sure that we understand all your goals when advising you on how best to protect your intellectual property interests in commercial agreements, including copyright and trademark licenses.

Client Work

  • Bombay Frankie Inc. et al. v. 2788610 Ontario Inc.

    Acted for the successful appellant in this appeal from an interlocutory injunction order in a trademark infringement and passing off action in the Ontario Superior Court. Three Divisional Court judges unanimously agreed that the Superior Court had erred in each element of the three-part test, including in finding that the plaintiff had established a serious issue to be tried. You can read more about the case in this article about it.

  • The Toronto Regional Real Estate Board v. RE Stats Inc.

    We successfully defended a motion for an interlocutory injunction in a copyright infringement case in the Federal Court.

  • Effective IP Enforcement Strategy on Amazon

    We developed and successfully executed an IP enforcement strategy on Amazon.ca for a skincare products manufacturer that eliminated infringing retailers without the costs and delays of trademark litigation

  • Corey Bessner Consulting Inc. v. Core Consultants Realty Inc.

    We represented the successful plaintiff in a trademark infringement action in the Federal Court involving complex issues of what happens to the trademarks of a joint venture after it breaks up. You can read more about this case in our blog post about it.

  • Collett v. Northland Art Company Canada Inc.

    We obtained a large damages award for our client by way of summary judgment for copyright infringement and moral rights infringement.

  • Arkipelago Architecture Inc. v. Enghouse Systems Limited

    We successfully defended a counsel’s eyes only protective order in the Federal Court of Appeal in a copyright infringement case involving computer software.

  • Dermaspark Products Inc. v. Prestige MD Clinic et al

    We acted for the successful defendants in this motion to strike the statement of claim on the basis that it disclosed no reasonable cause of action. The Court’s decision illustrates the importance of filing proper pleadings in trademark and copyright cases and retaining experienced intellectual property lawyers who are able to do so. You can read more about this case in our blog post about it.

  • Boaden Catering Ltd. v. Real Food for Real Kids Inc.

    We obtained summary judgment dismissing numerous IP related claims against our client, including trademark and copyright infringement and defamation claims – and obtained an order against the plaintiff for all of our client’s legal costs in a related costs endorsement, an exceptional remedy that is rarely awarded. You can read more about this case in our blog post about it.

  • Vass v Leef Inc.

    We acted for the successful respondent in this appeal to the Federal Court from a decision of the Trademarks Opposition Board. The Court agreed with us that our client had filed sufficient evidence of use of its trademark in the relevant period in order to maintain its registration. You can read more about this case in our blog post about it.

Frequently asked questions about IP Agreements

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What’s the difference between a copyright license and a trademark license agreement?

A copyright license agreement is a relatively simple agreement or section of an agreement that permits one party to use the copyrighted work(s) of another party. A trademark license agreement is more complicated because a trademark owner must control how a licensee uses the owner(s) trademark. Otherwise, rights in the trademark may be lost.

What’s the difference between an IP assignment and an IP license agreement?

In an assignment of intellectual property, ownership of the IP is transferred from one party to another. The assignor retains no rights or interests in the IP, subject to moral rights in a copyrighted work. In a license, the licensor retains ownership and all rights in the IP other than those specific rights that are granted to the license, like the right to use the IP in a certain area.

What are the most important terms of a trademark license agreement?

The most important terms of a trademark license agreement will depend on the nature of the commercial relationship between the parties to the agreement but any trademark license agreement should clearly define the manner in which the trademark(s) can be used and the circumstances in which the license can be terminated.

What is the purpose of the Terms of Use on a website?

Any commercial website should include Terms of Use, especially if the website does more than simply advertise products or services. The Terms of Use function as an agreement between the operator of a website and people who access it, where the operator grants access to the website on certain terms (including, e.g., the use of and ownership rights in IP, limitations of liability) that must be agreed to by anyone who accesses the website.

Are website Terms of Use enforceable?

The enforceability of Terms of Use will depend on the circumstances, including what the terms actually say. Sometimes, a website user will become bound by the terms simply by accessing the website (a “broweswrap agreement”). However, where the terms are particularly onerous, it may be necessary to require a user to click on an “I agree” button to be able to enforce the terms against the user (a “clickwrap agreement”).

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