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 GuidesMIP’s IP Stars HandbookThe Legal 500 CanadaThe Best Lawyers in Canada, and Benchmark Canada as a “Litigation Star”. He is a Fellow of IPIC; Member of the International Trademark Association; Vice-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

(Next Generation Partners)

Mark BiernackiSmart & Biggar

Smart & Biggar, a market leading IP boutique, leverages a vast domestic network which is spread across its offices in Ottawa, Montréal, Toronto, Calgary and Vancouver; it supports clients on the full suite of IP and technology services, with particularly formidable expertise in patent and trademark application filings, as well as IP litigation. François Guay chairs the firm’s IP strategies group from its Montréal office and has broad, high-level experience across patents, trademarks, industrial designs, copyrights and trade secrets. Sheldon Hamilton is a leading patent litigator, particularly noted in the pharmaceuticals industry, and heads the contentious offering. Life sciences is the focus for Nancy Pei, while Graham Hood is a standout name for trademark prosecution, notably sitting on the Canadian Anti-Counterfeiting Networks Steering Committee. Recent highlights have included several high-profile cases at the Federal Court of Appeal, most notably the successful defence of Pampered Chef in the precedent-setting trademark infringement case of Loblaws Inc v Columbia Insurance Company, a matter co-led by Mark Evans, Mark Biernacki and Ottawa-based Steven Garland. Named lawyers operate from Toronto unless otherwise stated.