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

Smart & Biggar
York Street

Work Department

IP Litigation and Enforcement




Mark Biernacki is a Principal 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, Lexpert, MIP’s IP Stars HandbookThe Legal 500 CanadaThe Best Lawyers in Canada, World IP Review Leaders, World Trademark Review 1000, and Benchmark Canada as a “Litigation Star”. He is a Fellow of IPIC; Member of the International Trademark Association; and Chair of the INTA Enforcement Committee. BASc (Mechanical Engineering); LLB (Osgoode). Registered Patent and Trademark Agent. Called to the Ontario Bar in 1999.


  • Fellow, Intellectual Property Institute of Canada
  • Member, International Trademark Association; Chair of the Enforcement Committee (2022-2023); Vice-Chair of the Enforcement Committee (2020-2021); Subcommittee Chair of the General Trademark Enforcement Matters Subcommittee (2018-2019); member of the U.S. Subcommittee of the Parallel Imports Committee (2014-2017); member of the Discovery Procedures Sub-committee of the Enforcement Committee (2010-2013); member of the East Europe Anti-Counterfeiting Committee (2008-2009)
  • Associate, American Bar Association; member of the International Copyright Treaties and Laws Section


Lawyer Rankings

Canada > Intellectual property

(Leading individuals)

Mark BiernackiSmart & Biggar

The leading intellectual property boutique in Canada, Smart & Biggar focuses exclusively on IP law from its five offices across the country. The team’s generous national footprint was further boosted in September 2023 following its combination with fellow Canadian IP boutique, Ridout & Maybee, which added an additional 30 lawyers to the group. It also plugs into a significant international platform through its recent membership of the IPH Limited Group, which brings together a network of six firms across nine jurisdictions. In Toronto, Mark Evans is a go-to specialist for contentious and non-contentious trademark matters, while IP litigator Mark Biernacki contributes strong experience in an array of patents, trademarks, copyrights and industrial designs. The Toronto team also includes IP disputes expert Sheldon Hamilton; Yoon Kang, who specializes in life sciences patent litigation and prosecution; life sciences expert Nancy Pei; managing director Matthew ZischkaGraham Hood, who was appointed trademarks practice group leader in August 2023, and Urszula Wojtyra. In Ottawa, key figures include Steven Garland, a 30-year veteran in IP litigation; life sciences patents and chemicals/bio practice group leader Daphne Lainson, who was also appointed in August 2023; Elliott Simcoe, who draws on over two decades of experience in electrical and computer-related matters; and Kohji Suzuki, who utilizes a mastery of strategic IP enforcement. Montreal-based litigator François Guay is also highly regarded. Also in August 2023, Jean-Sébastien Dupont in Montreal was promoted to IP litigation practice group leader and Jonas Gifford was appointed patents engineering and ICT (EICT) head.