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 Trademakr 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


  • 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

(Leading individuals)

Mark BiernackiSmart & Biggar

Smart & Biggar is Canada’s leading IP and technology boutique, leveraging over 130 years in the market and five offices nationally. In Toronto, Mark Evans is a star name for trademark protection, management and counselling, also enjoying a track record in precedent setting disputes, whereas Nancy Pei is a market leader for pharmaceutical patents and litigation, as well as operations within the life sciences sector; the duo are based alongside Matthew Zischka, the firm’s managing partner, Sheldon Hamilton, who leads the litigation group, as well as Mark Biernacki, an up-and-coming partner for all-manner of disputes, including trademark, copyright, patent and industrial design proceedings within the higher courts. The Ottawa office is home to firm chair, Daphne Lainson, as well as Elliott Simcoe who leads the patents, electrical and mechanical group, and Steven Garland who has undertaken all-manner of critical disputes for names such as Amazon, McDonald’s and Shell. François Guay serves as chair of the IP strategy group, operating from the Montreal office, and has notably provided representation in over 100 jurisprudence cases including those with patent, industrial design and copyright elements.