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Kristin Wall

Partner, Lawyer, Trade-mark Agent

Kristin  Wall

Toronto

T:+1 416.216.3964

Kristin Wall practises in intellectual property law as a barrister and solicitor.

She has particular experience with matters involving the innovative pharmaceutical industry, including litigation proceedings under the Patented Medicines (Notice of Compliance) Regulations and Food and Drug Regulations as well as patent impeachment, infringement and damages actions. In addition, Ms. Wall advises on data protection, Form IV patent listing, biologics, drug advertising, drug reimbursement/pricing and intellectual property implications of Canada's international treaty obligations, including: the implementation of patent term restoration and patent reform under the Comprehensive Economic Trade Agreement (CETA) and the North American Free Trade Agreement (NAFTA).

Ms. Wall has appeared at all levels of the Federal Court and before the Supreme Court of Canada. She is a frequent presenter and contributor to publications in intellectual property and regulatory fields and is co-editor of the firm's Pharma in Brief bulletin.

Ms. Wall’s trade-mark practice focuses on providing opinions and advice on the registrability of trade-marks, prosecuting trade-mark applications, brand strategy and general trade-mark litigation. Her copyright practice focuses on copyright authorship and ownership disputes and providing opinions on licensing and enforcement.

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  • Education

    LL.B., University of Ottawa, 2004
    M.A., McGill University, 2001
    B.A., McGill University, 1999

  • Representative experience

     

    Ms. Wall has acted for the following clients:

    • Innovative Medicines Canada, the industry body for Canada's innovative pharmaceutical industry, generally advising on matters of intellectual property, law reform and court intervention/amicus briefs (e.g., NAFTA and Supreme Court of Canada interventions on promise of the patent/utility)
    • Pfizer, Ferring, GlaxoSmithKline, Eli Lilly in various proceedings under the Patented Medicines (Notice of Compliance) Regulations and Patent Act
    • GlaxoSmithKline and EpiCept in data protection litigation, including the first application to challenge the definition of "innovative drug"
    • Merck in connection with the first trial decision under section 8 of the Patented Medicines (Notice of Compliance) Regulations eliminating recovery of future losses outside of the defined section 8 statutory recovery period
    • Fairmont Hotels in various trade-mark prosecution and litigation matters to protect company trade-marks and corporate name
    • His Highness the Aga Khan in various copyright proceedings

     

  • Admissions
    • Canada (trade-marks) 2007
    • Ontario 2005
  • Speaking engagements
    • "The Future of Pharmaceuticals and Investor-State Dispute Resolution," 4th Annual IBA World Life Sciences Conference, June 4, 2016.
    • "The Intellectual Property Review," Canada Chapter, 5th (2016) and 6th edition (forthcoming).
    • “Damage Control: Remedies in Canadian Intellectual Property Litigation,” Chartered Business Valuators’ Webinar, April 22, 2015.
    • “Intellectual Property Law Primer,” guest lecturer, Drug Discovery and Development course, Biomedical Discovery and Commercialization program, McMaster University, February 23, 2015.
    • “Protecting Non-Traditional Marks Around the World” (co-presenter: Timothy M. Kenny), 2014 Midwest IP Institute, September 19, 2014.
    • “Patent Term Extensions and Supplementary Protection Certificates (SPCs) – latest developments,” Canadian panel member, AIPPI World IP Congress, September 16, 2014.
    • “Legal Issues for Biologics,” guest lecturer, Biologics – What does the future hold? conference, The Canadian Association for Healthcare Reimbursement, June 11, 2014.
    • “Stakes and Stakeholders in the Canadian Pharmaceutical Industry,” guest lecturer, Intellectual Property and Health Law course, Osgoode Professional Development LLM Program, December 6, 2013.
    • “Protecting your Brand On-line,” Norton Rose Legal Matters Series, November 10, 2011.
    • “Intellectual Property Law and the Pharmaceutical Industry,” one-day course for the Pharmaceutical Sciences Group, June 16, 2011.
  • Memberships and activities

     

    • Canadian Bar Association
    • Law Society of Upper Canada
    • Intellectual Property Institute of Canada
    • The Advocates’ Society
    • International Association for the Protection of Intellectual Property