François Guay is a partner in Smart & Biggar’s Montreal office and a member of the firm’s executive committee. He has over 35 years’ IP litigation experience and in-depth experience in advising clients on IP litigation strategies, conducting discoveries, examinations and cross-examinations, as well as preparing highly persuasive arguments to be presented in court.
Mr Guay is among the most experienced IP litigators in Canada. He has appeared before the courts of Quebec and the Federal Court of Canada. He has argued many cases that have resulted in leading jurisprudence in the fields of patents, trademarks, industrial designs, copyright, unfair competition, trade secrets and computer-related technology. More than 250 of the cases in which he has been involved have been reported in Canada. He has a vast amount of experience with extraordinary recourses such as interim or interlocutory injunctions, seizures before judgment and anti-counterfeiting and anti-piracy matters. His case work in Marlboro Canada Limited v Philip Morris Products SA and Bell Canada v 1326030 Ontario Inc dba ITVBox.net has been recognised by Managing Intellectual Property as the Canadian Trademark Milestone Case of the Year.
Mr Guay was named Canada’s Trademark Litigator of the Year by Benchmark Canada in 2013 and 2014 and IP Lawyer of the Year in 2011 by Best Lawyers. He is also listed in:
- the Lexpert/ALM 500 Guide;
- the Lexpert US/Canada Cross-Border Litigation Guide;
- Expert Guides: Leading Patent Law Practitioners and Leading Trademark Law Practitioners;
- Chambers Global & Canada;
- Best Lawyers in Canada;
- Who’s Who Legal: Patents;
- Who’s Who Legal: Canada;
- the WTR 1000; and
- Managing Intellectual Property’s IP Stars Handbook: Trademark & Copyright.
Mr Guay is a fellow of Intellectual Property Institute of Canada and a member of the Canadian Bar Association, the International Trademark Association, the International Association for the Protection of Intellectual Property and the International Wine Lawyers Association.