Tushar Sharma is a 3L JD Candidate at Osgoode Hall Law School. This article was written as a requirement for Prof. Pina D’Agostino’s IP Intensive Program.

My name is Tushar Sharma, and I did my IP Intensive internship with VentureLAB, one of Canada’s premier technology incubators and a non-profit organization that supports start-ups throughout the early stages of their growth.

I joined the IP Intensive Program with the hopes that I would be able to work with VentureLAB, having a keen interest in venture capital work, technology, and intellectual property. This opportunity seemed like the perfect blend of all three and spoke to how I would like to practice law in the future. Needless to say, I had high expectations going into the experience because of how keen I was about the subject matter.

From the first day I had my expectations exceeded in every way. My initial introduction with my supervisor Josée was incredibly warm, open, and made me feel very welcome. She supplemented this introduction with having me sit in on one-on-one sessions with VentureLAB clients from the very first week of the placement. I was not expecting to be meeting directly with clients this early, or honestly at all given my limited experience, but Josée had enough confidence in my abilities to let me participate, and even offer my opinion to clients when I had something to say and felt comfortable. My supervisor’s confidence in my abilities helped me develop my own confidence in this arena, and I slowly began to become more comfortable talking to clients and offering IP advice as my experience grew.

As I spoke on earlier, I am interested in, and hope to practice, in the intersection of intellectual property and venture capital. This experience opened my eyes to the direct needs of start-ups, and the best way to serve their interests. As their resources are limited and they do not often have a breadth of legal knowledge, start-ups tend to be IP agnostic, or at least unsure of the best ways to develop and implement a viable IP strategy. I think this is something that is often missed by lawyers, based on conversations with lawyers, and in order to best serve clients, I need to understand their struggles and also understand that every start-up is particular in their needs. Being able to be flexible, knowledgeable, and considerate will help me serve clients better, and those are exactly the skills I developed throughout my internship with VentureLAB.

The intellectual property department at VentureLAB is fairly small relative to other internships in the IP Intensive program, but I think I preferred it to be organized in this manner. This gave me a lot more one-on-one time with my supervisor, and it created an environment where we could lean on one another, bounce ideas off each other, and work through intellectual property issues plaguing clients as a team. What really helped this process was how much Josée respected me, valued my opinions, and took in what I had to offer despite her having vastly more experience than me in this arena. Josée understood that, as a law student, I tackle issues from a different perspective from her and she would often look to me for a legal perspective, which clients often found valuable (with the explicit caveat that nothing either of us stated was legal advice in any way, shape or form). Moreover, this allowed me to learn and absorb techniques that my supervisor used in breaking down complicated IP processes into palatable information sessions. Being able to learn and observe how the IP was structured at VentureLAB gave me a holistic understanding of effective IP strategization at a successful enterprise.

Outside of my direct IP experience with VentureLAB, the team at the company is phenomenal and their familial culture makes it easy to integrate and feel like a part of the team, even in the short amount of time I was there. VentureLAB is filled with people who are willing to learn, teach, work hard, and have fun. I never had a negative experience with any of my colleagues, and I believe I have built lifelong connections with some of my peers there. My experience was also enhanced by the fact that I was able to participate in VentureLAB’s premier annual conference on Canadian hardware innovation, HardTech. Given the breadth of knowledge and experience on the team, I was able to learn a lot during my placement, and this experience has been invaluable to my growth and future career as a lawyer.

The post How do Tech Incubators Handle IP? My IP Intensive Experience with ventureLAB appeared first on IPOsgoode.

I am extremely grateful for the 10 short weeks I got to spend (virtually) at ventureLAB. ventureLAB is not-for-profit technology hub in York Region which is not only an amazing resource for tech companies, but also an amazing place to work.

ventureLAB works with start-ups from the early to late stages of a company. As a result, I got a front-row seat to the world of high-tech start-ups. This was an amazing opportunity since the IP realities of start-ups are quite different than the IP we learn from a textbook, or even the IP experienced from a law firm perspective.

Having been a scientist prior to law school, I will admit I was a bit nervous stepping into the world of high-tech. I quickly learned there was nothing to fear, and my experience as a scientist actually turned out to be useful! From day one I was part of team RIVIR (Relentless, Inclusive, Visionary, Innovative, Results oriented), and fortunately not the only one who wasn’t a tech-expert.

One of the highlights was the opportunity to talk with clients. This allowed me to gain a better understanding of the IP needs and concerns facing start-ups. I quickly realized that there is no one-size-fits-all solution for start-ups. Each start-up is unique, and what works for one company may not work for another. As ventureLAB works with hardware and software companies, the IP concerns were quite intricate and varied with the company stage. Each client call was different, meaning we got to cover a wide range of IP concerns, from both the business and legal perspective.

Most of my work was focused on creating information for both clients and the ventureLAB team. One of my biggest projects was creating two IP blog series. The first series, which extended on the work of last year’s student, was an IP 101 series that provided clients with an overview of IP, including determining what IP they have and how they can protect it. I then created a second “Deep Dive” series. This provided more in-depth information on each type of IP, so that clients can become better versed in the area(s) they are looking to obtain protection. Not only did this prove to be a great resource for clients and staff, but it also helped me brush up on my IP knowledge.

Working at ventureLAB highlighted that IP for start-ups is not as simple as just filing for a patent or trademark. There are a lot of considerations, not only the cost of obtaining IP but the cost of maintaining and enforcing your IP rights. A patent is expensive to obtain, but if you can’t afford to enforce your patent rights against infringers what is the point of having the patent? It is these types of considerations that are easy to overlook in the purely academic IP bubble. Learning about patents, it’s easy to think you come up with an innovative product, don’t disclose, apply for a patent and then you
prevent others from using it. In practice, that is much easier said than done.

Although IP is important, ventureLAB is much more than an IP factory. There are so many wonderful, hardworking people on team RIVIR. In fact, I often had a hard time keeping track of who does what since everyone is so collaborative and happy to jump on a call just to learn something new. This is a testament to the RIVIR culture at ventureLAB, where everyone is willing to help and support one another. It’s no surprise they were named one of the Best Workplaces in Technology. Outside my IP bubble I had the opportunity to learn a lot, from the internal hardware series where we could just learn about cool technologies, like drones or lasers, to being a fly on the wall in client programs. Even my weekly meetings with my supervisor were an enjoyable event. I had the opportunity to ask questions, pitch ideas or some days we just chatted about interesting topics in IP.

Overall, I highly recommend ventureLAB to anyone looking for a great place to work and learn. I certainly hope I have the opportunity to work with team RIVIR again in the future.

The post My IP Intensive Internship at ventureLAB appeared first on IPOsgoode.

Trademarks are an excellent way to protect your brand. Unlike patents or copyrights which protect specific products or works, a trademark distinguishes your company from others. It protects the goodwill and reputation of your business. The important thing to remember with trademarks is that they must always function to identify your company as the source of the goods or services. Your company name, the names of your products etc. do not protect the goods themselves, but rather they protect your brand. For example, the word LEGO and the LEGO logo function as trademarks because they identify the brand. However, the LEGO bricks themselves are not trademarked.

Trademarks come in a variety of forms. For instance, you may want to register the distinctive part of your company name (i.e. Apple is the trademark not Apple Inc.), a tag line or a logo. While these are the most common and obvious types of trademarks, you can also register colours, shapes, holograms, moving images, modes of packaging, sounds, scents and tastes. For example, the distinctive smell of is a registered scent mark, described as “a unique scent of pungent, aldehydic fragrance combined with the faint scent of hydrocarbon wax and an earthy clay”.

Unregistered vs Registered Trademarks

To some extent trademarks can be protected without registration. This is known as common law protection, which offers a limited scope of protection compared to a registered mark.

An unregistered trademark can be identified using the symbol. This is optional but it puts the public on notice that you are intending that word, phrase, or design to function as a trademark. However, if you were to attempt to bring a competitor to court over their unauthorized use of your unregistered trademark, you may be in for a lengthy and expensive battle. Unregistered trademarks are protected only in the limited geographic region that they are used. This means that if your company only operates in Toronto and the mark is only known in Toronto, you likely won’t be able to enforce your trademark against a competitor in Vancouver. This is because your goodwill may be limited to Toronto, so consumers in Vancouver are unlikely to mistake the competitor’s product for yours.

If a competitor is using your mark (or a confusingly similar mark), you cannot sue for trademark infringement. Rather, under common law this is known as “passing off”. This can be a difficult thing to prove, since you need to demonstrate that the trademark is associated with the reputation of your business, that the public was confused by the marks and that you suffered damage as a result. This often requires you to undertake surveys and to provide financial evidence of lost profits in order to support your claim.

In contrast, a registered trademark is much easier to enforce (albeit all litigation is costly). A registered mark can be identified using the ® symbol, but again this is not legally necessary. The rights of a registered trademark are national, meaning even if you only operate in Toronto, you would be able to prevent someone else (for the same class of goods or services) from using the same mark in Vancouver. This would also give you the ability to stop someone using a confusing similar mark in the same line of business or in a confusingly similar business.

Although a registered trademark is easier to enforce, unregistered trademarks can still be beneficial, especially in the early stages of a company where money may be tight. They allow you to build your brand and establish your distinctiveness in the marketplace, which is sometimes necessary to the success of your trademark application. Since Canada (as well as the US) is a first-to-use system, as soon as you start using your trademark (even if unregistered) you begin to acquire rights. This means if someone else wants to register your trademark you can oppose them on the basis that you were using it first. Using an unregistered trademark can also help build the distinctiveness of the mark, which can be beneficial for certain types of descriptive marks, which will be discussed below. That said, if you have a distinctive mark and the means to protect it, registration is the strongest form of protection.

What can be a Trademark?

Not everything is eligible for trademark protection. A trademark needs to identify your company as the source and also has to be distinctive. This means it needs to identify your company and �DzԱ�����your company. It cannot be a word that identifies the broad class of goods or services in which you operate, as that would not identify your company specifically. There is a spectrum of distinctiveness when it comes to the registrability of trademarks:

A generic mark is not eligible for trademark protection. This means that this name has become the name the public uses broadly to identify the goods or services and no longer identifies the brand. For example, escalator used to be a trademark, but is now generically used to identify all types of moving staircases. Often, genericization is something that happens to existing marks, and is not often an issue for registration of new marks.

Descriptive marks are also not considered registrable. A descriptive mark is something that describes the quality, character or function of the goods or services. For example, American Airlines is a descriptive mark. It does in fact describe an American-branded airline company.

However, all hope is not lost for descriptive marks, and this is where the use of an unregistered trademark can save the day. A descriptive mark can become registrable if it comes to identify your company as the source, meaning it acquires distinctiveness through use over time. American Airlines was able to register its name as a trademark as the name became distinctive through use and consumers associated it with the company.

A suggestive mark sits right in the middle of the trademark registrability scale. These types of marks are generally registrable as they only hint at the type of goods or services rather than describing them outright. For example, Airbnb is a suggestive trademark. It doesn’t outright describe an online vacation rental business, but the inclusion of “bnb” alludes to a bed and breakfast. However, the complete trademark “Airbnb” does not directly describe vacation rentals, or bed and breakfasts for that matter. As such, it is a step above a merely descriptive mark and is thus considered registrable.

Arbitrary marks are the next strongest on the trademark registrability scale. These types of marks use common, but unrelated, words to describe their business. For example, “Apple” for computers, “Dove” for soap, or “Blackberry” for smartphones. All these marks rely on words that already existed in the English language. However, these words have nothing to do with the goods or services of the company. There is no natural association made between the word and the product. The association arises because the mark is distinctive of the source due to the efforts of the company. For instance, it is only due to Apple’s strong branding that consumers associate the word apple with computers.

Finally, fanciful marks are the strongest type of trademark. These are entirely made-up words that a company uses to identify itself. Lululemon is an excellent example of a successful brand using a fanciful mark. Lululemon has no other meaning, other than the association with exercise wear. These marks are the easiest to register (so long as they are not confusingly similar with an already registered or well-known mark) and afforded the highest level of protection. Since the word has no other meaning, there is no reason that anyone else should have a need to use the mark. The word is completely distinctive of your company.

Registering your trademark

Use is essential to maintaining a trademark. In Canada and the United States, you can apply to register a trademark before you have used it. In Canada, the catch is you must begin using your trademark within 3 years, or your mark risks being removed from the register. As such, if you haven’t started using your mark but you plan to, it can be a good idea to file to establish your date, and then begin use later.

The process is slightly different in the United States. The first difference is that there is state and federal trademark protection. You can register your mark in individual states, but this protection applies only to those individual states. Federal registration provides nation-wide protection of your trademark. Second, the US has a different use requirement for filing - you must have “use in commerce” or “intent to use”. Use in commerce means actual use across state lines (to qualify for federal protection). Intent to use allows you to apply for protection either before you’ve started to use your mark, or if you’ve only used it in one state. However, you’ll need to be able to demonstrate use at the time the office is ready to register your mark.

Similar to the PCT for patents, you can file an international trademark application, though there is no such thing as an international trademark. You can use the Madrid Protocol to file a single application which can then be used as a basis to file in multiple member countries (this includes Canada and the US). However, unlike with the PCT system for patents, you need to file an initial trademark application in your home country before you can take advantage of the Madrid Protocol to file in other countries of interest.

Once your mark is registered, so long as it continues to be distinctive of your company and you continue to use it and pay the renewal fees, you can keep your trademark indefinitely.

Protecting your trademark

Although a trademark can be renewed multiple times, if you fail to use and monitor your mark you risk losing it. You need to make sure your trademark remains distinctive of your company. To do so it is up to you to monitor and enforce your mark. If competitors begin to use your trademark or a similarly confusing mark this can dilute your trademark. Dilution is never good news for trademarks because it can harm your brand. For example, if another company uses your trademark on knock-off products, or to market their own goods, this can confuse consumers. If you allow the confusion to go on for a long time it can be very difficult to later enforce your trademark in the courtroom. A mark that is no longer distinctive can be at risk of being expunged from the register.

As such, it is good practice to routinely monitor your trademark. You can do a simple Google search to see what comes up for your trademark. Also consider common misspellings of your trademark for potential confusing marks. Alternatively, a trademark agent or lawyer can set up regular searches and notify you of any potential trademark infringement and advise you on how to proceed.

The post Use It or Lose It: How to Acquire and Protect your Trademarks appeared first on IPOsgoode.

This article was written in affiliation with Madelaine’s placement at ventureLAB and .

This series provides an in-depth look at different types of intellectual property. As a founder, once you’ve determined what types of Intellectual Property (IP) you need to protect, it’s important to understand the details and requirements of each. A concrete understanding of each type of IP not only allows you to recognize what you may be able to protect, but will also help you to take full advantage of the right. 

‍This article is the second in a 5-part series. ventureLAB’s experts cover everything you need to know when filing for IP protection. Over the next six weeks, we’ll release articles on the following topics.  to be the first to know when we release an article. 

• Part 2: A Beginner’s Guide to Patenting Software and Artificial Intelligence
• Part 3: Use It or Lose It: How to Acquire and Protect your Trademarks
• Part 4: Don’t You Forget About Me: Protecting Your Company’s Copyrights 
• Part 5: The IP Hidden Gems: Trade Secrets and Industrial Designs

Patenting software, and inventions related to Artificial Intelligence (AI) and machine learning, known as computer-implemented inventions (CII) in patent lingo, is a complicated and evolving area. The difficulty lies in overcoming Patent Office objections related to subject matter eligibility, which prohibits the patenting of abstract concepts and mathematical formulae (for more on this, see ).��

CII, such as algorithms, are frequently deemed an abstract idea, and thus not suitable for patent protection. In order to overcome this obstacle the patent application must explain how the algorithm and the computer are interconnected such that together they form a single invention. To do this, the computer must be deemed an essential element of the invention.

This has been a historically tumultuous area of patent law. The 1981 Canadian Schlumberger case was the first to set out the rule that the use of a computer merely to automate calculations that could otherwise be done by hand is not patentable. This is because the inventive aspect is the calculation itself, not the combination of the calculation and computer. In 2011,  was successful in obtaining a patent on their ‘one-click’ method. This was a controversial decision since not only was it a CII, but it was also considered to be a “business method”, which is notoriously difficult to patent in Canada.

Most recently, in 2020 the Canadian Federal Court decided the case , which initiated a huge change in the way the patent office evaluates the essential elements that make up an invention. This resulted in the Canadian Intellectual Property Office releasing  on how patent examiners should approach patentable subject matter, particularly for CII. 

Before this decision, patenting was particularly difficult for CII because patent examiners would frequently determine the computer itself was not an essential element of the invention. As a result, what remained was an abstract idea (i.e. the software or algorithm itself) which had no physical substance and was thus deemed unpatentable. 

Now, all elements of an invention are presumed to be essential. Thus, if you include a computer in the claims, it will be assessed as if that computer is essential to the functioning of the invention. This is great news for inventors, since it reduces the likelihood that your CII will be automatically deemed unpatentable. 

Unfortunately, the challenges do not stop here. Having a computer viewed as an essential element of the invention is only the first step in patenting software. Next the patent examiner will look at whether the computer works together with the other essential elements of the invention. Together, the computer and the other elements must form an actual invention that has physicality. This physicality can be physical existence, or the invention can produce a physical effect or change.

The mere use of a computer in a well-known manner, such as to execute the code, will not be sufficient to render the invention patentable. This is because any computer could do that job, and the computer is simply a means to execute the algorithm, which on its own is an abstract theorem or disembodied idea. However, if in processing the algorithm the function of the computer itself is improved, this could be considered a physical effect and thus a unified invention.

In the US the test for patentability is different, but ultimately the outcome is similar. You cannot obtain a patent on a purely abstract idea and merely using a computer in a generic way will not be enough to overcome this hurdle. 

In Europe, the patent office takes a slightly different approach. It is relatively easy to overcome the subject matter barrier as the “any hardware” approach means that simply including a computer in the claim is a first step towards satisfying patentability. However, the patent office also requires a technological solution to a technological problem, which looks only at the technical features that contribute to the solution. Unlike Canada which now presumes most, if not all, elements are essential, a non-technical feature which doesn’t interact with the technical subject matter is essentially ignored. 

Patenting software is a very challenging field. The summary above is a very basic introduction to the field. It is best to seek the advice of a patent professional who can advise on the specific needs of your invention and adapt it for each jurisdiction. A patent professional will consider how your invention integrates the use of a computer, and how the computer and algorithm cooperate to produce a physical effect.

The post A Beginner’s Guide to Patenting Software and AI appeared first on IPOsgoode.

It was apparent from day one of my internship that this drive for results stems from the backgrounds of ventureLAB team. As predominately successful entrepreneurs from the hardware, health and enterprise software industries, the team’s mission is for clients to realize the same successes they did and to keep that success benefiting all Canadians. With an eye on inclusivity, this is accomplished by providing clients access to resources that their experience has taught were necessary for these successes as well as guiding clients away from “opportunities” that may not provide positive results. VentureLAB offers physical space, access to government and private investment where they have positioned themselves as trusted program administrators, guidance from experienced industry leaders, and connections to a wide range of business and legal needs through and contacts. Their success has given them the ear of government and many industry leaders and allows them to select clients that they will be the most successful in helping.

One of the most interesting aspects of ventureLAB is that they are well positioned to further Innovation, Science and Industry Minister Bains’ focus on ensuring that Canadian generated intellectual property continues to benefit Canadians. This is most evident in their role as administrator of the Canadian IP Retention Initiative (CIRI). The purpose of this program is to retain IP in Canada by connecting IP rich Canadian companies at risk of being acquired out of country with Canadian companies as a viable alternative. This program specifically targets the important issue of IP retention in Canada. However, the goal of IP retention in Canada permeates everything ventureLAB does.

I was glad to be a part of this posture by serving as a resource providing initial IP assistance in the form of IP audits and initial IP strategy guidance. Because I was able to plug into this key need for them, the experience was mutually rewarding. Starting in my first week, I was introduced to clients who by the end of my interaction with them had either initiated or shifted their IP strategy based on the information I provided. Many were also connected with resources that both from ventureLAB and my network to further their IP needs. In the two and a half months that I was there I even got to see some clients generate success from these endeavors. This is a testament to ventureLAB’s ability to not only provide resources, but to provide the right resources that generate productivity.

The feeling of being productive is a prime motivator for innovators, employees, and facilitators alike. That is why what and more importantly how ventureLAB is contributing to the productivity of Canada is so important. I have been fortunate to be a part of that productivity and hope that I can capitalize on the motivation it has provided me. Thank you ventureLAB!

Written by Jared Sues, JD Candidate 2021, enrolled in Professors D’Agostino and Vaver 2020/2021 IP & Technology Law Intensive Program at Osgoode Hall Law School. As part of the course requirements, students were asked to write a reflective blog on their internship experience.

The post VentureLAB: How to Produce IP Producers (IP Intensive Reflection) appeared first on IPOsgoode.

What astounded me during my tenure with ventureLAB was the amount of work that these start-up companies were capable of accomplishing in a day. On top of dealing with a host of daily concerns, the ambitious tenants at ventureLAB were also extremely enthusiastic to share their ideas and current business models with me in exchange for relevant IP law research.

The research was meant to provide information about some area of interest or concern as it pertained to the IP that their business was built around. Through my consultations with these companies, I documented and outlined their concerns or goals, and used these to direct my research on the topic or issue. Due to the fast paced nature of most of these business ventures, I saw my research being quickly passed on to legal specialists in the IP field. Even a small amount of informed IP research can be critically important to a start-up entrepreneur. Providing IP information and knowledge was an incredibly rewarding experience, and served as a fantastic exposure to IP-related issues that lawyers in this field are faced with. I learned that there are major learning curves required of a lawyer who has dedicated their practice in IP law if they want to be able to provide a well-rounded service to their clients.

One major learning point during my time with ventureLAB was learning how to handle, and appreciate, the vast array of IP questions that can arise during the early stages of a start-up business. I was approached with questions regarding; user agreements, licensing agreements, non-disclosure agreements, inventorship rights and employment agreements, branding questions, and patentability concerns. Some of these questions pertain to explicit IP law topics, and others were with respect to the client’s IP as it relates to their business. Either way, I had to learn how to effectively organize my time and research methods to ensure my responses to this array of questions and concerns were accurate. Practicing lawyers are responsible for the initial consultation, in addition to preparing most of the official documents that these entrepreneurs were seeking, which demonstrates the required combination of legal and scientific competence required of IP lawyers today.

ventureLAB offered me the opportunity to explore my interests in serving as a transactional lawyer in the IP niche. My experiences with the tenants regarding their ventures exposed the need to understand the business and innovative side of start-up entrepreneurialism in order to better serve IP legal needs. It is my hope to one day take this knowledge and apply it to my practice, and use it to better serve the innovators that populate the GTA.

Written by Tyson Carter.  Tyson is a JD Candidate at Osgoode Hall Law School and was enrolled in Osgoode’s Intellectual Property Law and Technology Intensive Program. As part of the program requirements, students were asked to write a reflective blog on their internship experience.

The post IP Intensive: Intellectual Property and Entrepreneurialism within a Mid-sized Business Accelerator - A Semester at ventureLAB appeared first on IPOsgoode.

There is nothing in this world that excites me more than creativity. It is the underlying reason I want to practice intellectual property law. My expectation was that a placement at ventureLAB would afford me the opportunity to work in an environment rich in creativity and innovation. Combined with my legal training, I expected that my background in engineering and business would provide me with a comprehensive set of knowledge to assist the entrepreneurs that I would encounter at ventureLAB. Although my expectations were fulfilled, I treasure my internship at ventureLAB for entirely different reasons. If I was forced to describe my internship in one word, it would be “enlightening”.

Prior to beginning my internship at ventureLAB, I completed a positive Summer work term at Bereskin & Parr LLP, an intellectual property law firm in Toronto. In the academic year leading up to this Summer work term, I completed courses in Patents, Copyright and Trademarks. I remember feeling like my feet were firmly on the ground heading into ventureLAB for my first day. I realized early on that I had an incomplete perspective of how intellectual property law, my chosen field, intersected with entrepreneurship. I was no longer looking at intellectual property law through a textbook or lecture notes. I was no longer looking at intellectual property through the established clients I typically encountered at Bereskin & Parr. I was now looking at intellectual property through the eyes of a start-up. It is a primal perspective unlike any other, one that is steeped in bewilderment and coated with a layer of misconception.

My experiences leading up to my internship with ventureLAB offered minimal opportunity for direct interaction with the client. Throughout the internship, the opportunities I had to engage directly with clients were abundant. I contributed in a legal clinic led by , an associate of Ricketts Harris LLP, for ventureLAB clients with specific legal questions relating to their business. I learned a great deal from Mr. Sasha in the effective way to communicate legal information to clients. I participated as a legal advisor in several Review Panels. In Review Panels, entrepreneurs pitch their business to business analysts, enabling ventureLAB to determine what assistance it can offer the entrepreneur. However, the most rewarding experiences came when I had the opportunity to interact with clients one-on-one. Several clients looking for legal advice in intellectual property law were referred to me by ventureLAB business advisors. It was these interactions that broadened my perspective of intellectual property law.

ventureLAB holds partner meetings every Tuesday morning. Attendance at these meeting reveals the vast ecosystem of which ventureLAB is part. ventureLAB is one of many non-for-profit organizations in the Ontario Network of Entrepreneurs (ONE Network), a collaborative network with the goal of helping small businesses succeed. It is through these partner meetings that everyone in the ecosystem is updated on upcoming events, success stories, and new initiatives. Chris Dudley of Seneca College, who I met at a partner meeting, asked me to deliver a set of lectures on patent prosecution to a group of entrepreneurial students at the school’s Newnham Campus. Ken Bousfield, a partner at Bereskin & Parr, was generous enough to come help me deliver the lectures. Like many of the clients I interacted with at ventureLAB, the students who attended these presentations were largely uninformed in intellectual property law. This is great for lawyers practicing intellectual property law, but alarming for those trying to innovate and protect their business. I found that many clients and students had developed cynical feelings towards intellectual property; feelings I can now properly appreciate. It comes as a shock to many entrepreneurs when they realize that attaining intellectual property rights is more complex and expensive than originally perceived.

I likened my role at ventureLAB to that of a gap-filler. I was providing entrepreneurs foundation in intellectual property law that would enable them to make sound decisions regarding their potential intellectual property rights. It was clear to me that many entrepreneurs have an insufficient understanding of intellectual property before they approach a lawyer practicing in the field. This can lead to ill-fated decisions when the lawyer assumes the client is sufficiently versed in what the they wish to pursue or is too self-interested to inquire.

Where my academic studies and experience at Bereskin & Parr prepared me for the substantive and nuanced elements of intellectual property law, my experience at ventureLAB provided me a more holistic vantage of intellectual property law. Instead of working on specifics, e.g. arguments to obviousness rejections, I advised clients on what applying for a patent could do to their business and all the crucial questions they should answer before applying. The entrepreneurs I interacted with throughout my internship possessed passion and determination in staggering amounts. Having the opportunity to assist entrepreneurs in their navigation of intellectual property law was extremely rewarding work. I highly recommended ventureLAB as your placement if this kind of work is of interest to you.

Justin Philpott is a JD Candidate at Osgoode Hall Law School and was enrolled in Osgoode’s Intellectual Property Law and Technology Intensive Program. As part of the program requirements, students were asked to write a reflective blog on their internship experience.

The post IP Intensive: An Entrepreneurial Perspective of Intellectual Property Law - a Semester at ventureLAB appeared first on IPOsgoode.

VentureLAB is a participant of the (“ONE Network”), which consists of a significant number of non-for-profit organizations, that aims to build an ecosystem where entrepreneurs can obtain the mentorship, funding, and connections that will help them build successful, innovative businesses. The focus of the ONE Network is co-operation, not competition. Through my internship, I had the pleasure of assisting ventureLAB’s partner organizations, such as the  (“MaRS”) and the .

I wanted to be placed at ventureLAB because I had three expectations, which were all met through my internship. First, I believed that a placement at ventureLAB would provide me with a lot of responsibilities. This turned out to be true as I had the privilege of drafting five complicated contracts under the mentorship of , a partner at Bereksin & Parr LLP. Not only did Mr. Randhawa informed me of the academic, nuts and bolts of contract drafting, he also taught me how to incorporate practical considerations into those agreements.

Second, I expected to have face-to-face interactions with clients and offer them tailored legal information. This expectation was fulfilled as I attended the monthly, one-on-one legal clinic led by , an associate of Ricketts Harris LLP. In addition, I provided legal assistance to many clients who were referred to me by ventureLAB’s business advisors. I learned important, practical lessons from those experiences. Many clients do not realize the legal risks that exist in their technology and do not know what types of legal protections are relevant to their business. Therefore, taking a leaf out of Mr. Sacha’s practice, I learned to always ask the clients to describe their business and technology before answering their legal questions so that I can point out legal problems that the clients did not know existed or explain how their legal concerns do not apply to their business. Those client interactions also taught me to consider the economic feasibilities of different legal options, as many start-ups have limited capital. Due to the diversity of the clients’ businesses, I had the pleasure of exploring many aspects of intellectual property and business law, including patents, trademarks, copyright, confidential information, defamation, corporate structuring, employment structuring that can best protect IP, and elements of different types of agreements.

Third, I anticipated to be in an environment where I can routinely learn about new and innovative ideas regarding technology. This hope came true as I was invited to the Review Panel that took place on a weekly or biweekly basis. During the Panel, entrepreneurs provide a succinct presentation of their technology and business in front of a group of experienced business advisors and client services staff. The entrepreneurs’ creativity and commitment left me in awe, and I was even more impressed at the free resources out there to support them.  I was very proud to have been part of the resources available to the entrepreneurs.  In addition, I was invited to tour incubators and accelerators, including ventureLAB’s newly renovated PulseHUB, a resource hub that provides free office space to start-ups with a health and wellness focus.

My internship had elements that exceeded my expectations. The staff at ventureLAB and my placement supervisors, Mr. Paul Rivett and Mr. Jeremy Laurin,  invited me to all the partner and staff meetings, and other events including the annual ONE Conference, Commercializing Your Medical Device, and several business development workshops led by MaRS.  The ventureLAB staff also indulged my interests beyond law - an engaging lunch conversation regarding my love for cosplay resulted in me participating in ventureLAB’s cosplay photo booth at the TAVES electronic consumer show.

My experience at ventureLAB is definitely the highlight of my law school experience. There, I gained practical experience in intellectual property and business law, formed connections with innovative and passionate entrepreneurs, and became inspired by many professionals who volunteer their time to help start-up companies and the regional economy as a whole. If you are interested in innovation and entrepreneurship, then I strongly recommend choosing ventureLAB as your placement organization.

Sabrina Ding is a JD Candidate at Osgoode Hall Law School and was enrolled in Osgoode’s Intellectual Property Law Intensive Program. As part of the program requirements, students were asked to write a reflective blog on their internship experience.

The post IP Intensive: Supporting Innovation and Entrepreneurship - A Semester at ventureLAB appeared first on IPOsgoode.

I chose ventureLAB as my placement because the organization promised extensive interaction with clients. This promise was fully delivered. My internship experience was similar to running a legal clinic: clients facing Intellectual Property (IP) related issues were referred to me by their mentors, and from there, I was responsible for managing them. The entrepreneurs’ IP needs and understanding of IP law was as diverse as their businesses. Throughout my internship, I had to answer questions in varying degrees of depth pertaining to different IP fields, some of which I had not been exposed to. The most commonly sought information pertained to non-disclosure agreements, IP-related employment clauses, IP licensing and assignments (particularly in the software field), as well as the process of obtaining a patent and the cost involved. Clients also often asked me to explain to them the content of letters from their lawyers.

Helping ventureLAB’s clients provided me with a valuable opportunity to apply my IP knowledge in practice and learn to effectively communicate information to different people. In addition, I was able to gain great insights about “real world” factors that impacted clients’ legal rights, such the feasibility of enforcing these rights and the amount of damages, if any, that they could expect to recover in the event of a breach. In that regard, I had the benefit of observing a Legal Information Clinic administered at ventureLAB on a monthly basis by , a Ricketts Harris LLP associate. Observing Jason also helped me learn how to properly advise clients of the nature of the services I was entitled to provide to them as a law student (i.e. legal information, not legal advice). In addition, I was fortunate to have , a partner and the Head of the Electrical and Computer Technology Practice Group at Bereskin & Parr LLP as my legal supervisor. Bhupinder was available not only for providing advice with regards to clients’ questions, but also offered general guidance with respect to practicing IP law.

Although my work at ventureLAB involved a high degree of independence, my supervisor, Paul Rivett, and the CEO, Jeremy Laurin, made sure that I stayed involved with the organization. I attended partner and staff meetings and joined ventureLAB’s team on tours to incubators and accelerators who shared ventureLAB’s mission of helping entrepreneurs succeed. In addition, I was given an opportunity to participate in ventureLAB’s workshops and observe the Advisory Panel’s client intake sessions, during which prospective clients delivered presentations about their businesses to a panel of EIRs. After the presentations, members of the Advisory Panel commented on the business’ viability, addressed particular concerns with the business model, gave strategic advice and determined what assistance they could provide to these entrepreneurs. Since I had no business background, these sessions gave me an unparalleled opportunity to understand the process of creating and growing a successful business and how IP strategy ties into this process. In addition, the Panel welcomed my input on these clients’ IP issues, which gave me an opportunity to engage in the Panel’s discussions.

My placement at ventureLAB was invaluable for gaining hands-on client management experience and a practical understanding of the IP needs of young businesses. I gained more than just legal experience, however. During my time at ventureLAB, I met exceptionally creative, passionate and energetic people and saw state-of-the-art facilities designed to help entrepreneurs succeed in their ventures. Inspired by the dedication of those around me to stimulate innovation and grow Ontario’s economy, I am motivated to contribute to this objective in my future career. I would highly recommend students to consider this placement, regardless of whether or not they have a business background.

Anya Lavrov is a JD Candidate at Osgoode Hall Law School and was enrolled in Osgoode’s Intellectual Property Law and Technology Intensive Program. As part of the program requirements, students were asked to write a reflective blog on their internship experience.

The post IP Intensive Program: A Semester at ventureLAB appeared first on IPOsgoode.

ventureLAB is led by CEO Jeremy Laurin, a seasoned entrepreneur who has taken up the mantle to help others also succeed with their new ventures. Helping him in this task is a group of very talented and amazing individuals who take customer service to a new level. Further to the regular staff at ventureLAB, the organization also leverages experts in the industry, called "Executives In Residence" (EIRs), who provide expertise and connections in diverse fields for the benefit of the entrepreneurs.

Building Relationships With Clients

My role at ventureLAB was to assist clients with their legal questions, in particular those dealing with their IP issues. The close proximity to clients was my primary motivation for seeking this particular internship during the application process. When working in a large law firm, there are often few opportunities afforded to summer and articling students to develop client interaction skills. ventureLAB provided a great experience that allowed me to enhance my understanding of intellectual property law and to strengthen personal relationships with the clients of the organization. Almost every day of the internship provided some way to interact with a client: whether that meant answering a quick question via email or engaging in more involved discussions about an invention or venture.

My supervisor at ventureLAB was Paul Rivett, an experienced entrepreneur and manager in the industry, who is usually the first point of contact for clients who register with ventureLAB’s business advisory program. Paul told me on my first day that I would essentially be managing my own clients - exactly the type of experience I wanted from the IP Intensive. During my internship, many clients were referred to me by the ventureLAB staff and other experts that work with ventureLAB. I was also proactive in seeking out my own clients by visiting the various workshops and sessions that ventureLAB conducted. Some clients had prior experience with IP, while many did not. However, it was great to see that even those individuals who did not have much previous exposure to IP were very eager to learn more about the topic.

I also participated in the pro-bono Legal Information Clinic every month conducted by Jason Sacha, an IP Intensive alumnus. Each day consisted of 1-hour individual sessions with clients, primarily focusing on IP and business law questions. While each of those days tested personal endurance, they were an extremely rewarding experience.

Organizing an IP Conference

Paul also asked me if I was interested in organizing an IP conference to educate the ventureLAB clients and other interested parties about intellectual property, which I thought was an invaluable opportunity. While I concentrated on selecting the topics, inviting guest speakers, and preparing my presentation, Brigitte Sharpe and Mercedeh Andalibi played an invaluable role in organizing many of the other aspects of the event. We were also very fortunate to have Bhupinder Randhawa from Bereskin & Parr, Eugene Gierczak and Meg Spevak from Miller Thomson, and our very own Michelle Li from IP Osgoode participate as co-presenters at this event.

Although I have spoken to large audiences before, it has never been on the substantive topic of IP law. As such, the conference was a unique experience for me. I knew the audience would be comprised of individuals with varying degrees of understanding about the topic, so I had to ensure that the coverage was both broad enough to be understood generally and narrow enough in the areas that were most important to the attendees. Of course, one of the biggest challenges in doing a legal related presentation is to keep it interesting; while lawyers and law students find legal topics fascinating, not everyone is likely to share the same sentiment. Based on the feedback we received after the presentation, I knew that we had succeeded in ensuring that the event was both fun and informative.

Final Thoughts

Once again, I cannot say enough about how useful this experience has been for my career development. I already feel significantly more comfortable in dealing with clients on a personal basis. For anyone who wishes to build upon their client management skills, I would highly recommend that you consider the IP Intensive program and as your placement.

Pasan Hapuarachchi is a JD Candidate at Osgoode Hall Law School and was enrolled in Osgoode’s Intellectual Property Law Intensive Program. As part of the program requirements, students were asked to write a reflective blog on their internship experience.

The post IP Intensive Program: Helping Entrepreneurs – My Internship at ventureLAB appeared first on IPOsgoode.