Mark Biernacki > Smart & Biggar > Toronto, Canada > Lawyer Profile

Smart & Biggar
York Street

Work Department

IP Litigation and Enforcement




Mark Biernacki is a partner in Smart & Biggar’s Toronto office. He is a savvy IP litigator and skilled negotiator who excels in all areas of IP litigation including patents, trademarks, copyrights and industrial designs. Recognized as an “IP star,” clients rely on Mark’s ability to successfully resolve disputes through negotiation, mediation or litigation, and commend him for his creativity and being “excellent in court.” Clients appreciate his considerable experience in pharmaceutical patent litigation, including under the Patented Medicines (Notice of Compliance) Regulations. Both plaintiffs and defendants have been successfully represented by Mark before the Trademarks Opposition Board, Ontario Superior Court of Justice, Federal Court of Canada and the Federal Court of Appeal. He has also successfully resolved many disputes through mediation and negotiation. He is listed in Euromoney’s Expert Guides, MIP’s IP Stars Handbook, The Legal 500 Canada, The Best Lawyers in Canada, and Benchmark Canada as a “Litigation Star”. He is a fellow of IPIC; member of International Trademark Association; Subcommittee Chair of the General Trademark Matters Enforcement Subcommittee. BASc (Mechanical); LLB (Osgoode). Registered Patent and Trademark Agent. Called to the Ontario Bar in 1999.


  • Fellow, Intellectual Property Institute of Canada
  • Member, International Trademark Association; Vice-Chair of the Enforcement Committee (2020-2021); Subcommittee Chair of the General Trademark Enforcement Matters Subcommittee (2018-2019); former member of the U.S. Subcommittee of the Parallel Imports Committee (2014-2017); former member of the Discovery Procedures Sub-committee of the Enforcement Committee (2010-2013); former member of the East Europe Anti-Counterfeiting Committee (2008-2009)
  • Associate, American Bar Association; member of the International Copyright Treaties and Laws Section


  • Osgoode Hall, York University, LL.B., 1997
  • University of Toronto, B.A.Sc. (Mechanical Engineering), 1995;thesis titled Survey of intellectual property policies at Canadian universities

Lawyer Rankings

Canada > Intellectual property

(Next Generation Partners)

Mark BiernackiSmart & Biggar

Smart & Biggar is a market-leading IP boutique, with specialists in a full range of IP matters. A top choice for high-stakes disputes, the team acts for rights owners across a huge variety of industry sectors, but has built a particularly strong reputation in the areas of pharmaceuticals and life sciences. François Guay in Montréal is a hugely experienced litigator with expertise covering patents, trademarks, copyright and industrial designs. Sheldon Hamilton, who heads the litigation group, has particular experience in pharmaceutical litigation, as does Gunars Gaikis in Toronto. Mark Evans heads the Toronto office and is an authority on trademark protection, management and counselling services. Also recommended is Mark Biernacki, who focuses on trademark litigation and prosecution.