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more court action around oil and gas IP in the future. "It's already starting — it's definitely growing in volume and the industry is aware of it and reacting appropriately and protecting their IP," says Baker. "The number of applications we'll be filing relating to the technology is growing directly as a result of it becoming more competitive both in Canada and internationally." Baker says he's definitely seeing a progression where all companies are evolving their philosophy on how to use their IP and leverage it based on their business model. "What we're seeing is these companies are more volatile now — the danger with trade secrets is that if someone leaves your company and takes the knowhow with them to a competitor you have very little way of protecting that innovation with a trade secret. There really is no tangible asset you can look to," he says. That means smaller companies are now trying to convert their trade secret into a patent portfolio. The challenge is some of the companies are 15 to 20 years old — that means they have to go back in time and figure out what is still a trade secret and whether the technology developed 20 years ago is still a secret. "How do we protect that now and make sure you're protected for the things you've developed in the last 12 to 24 months?" says Baker. He says it really depends on the end game. If it is to one day sell the company or merge it's that asset — the patent — that attracts the investment. "Without the asset you're looking at know-how only," he says. "If I acquire a small company towards the end of the careers of the engineers,  that know-how isn't going to be around very long. They're going to want to retire. From that point of view, we advise you protect your innovation. It's just so easy to have a relationship melt down and someone leave and take the know-how with them." It may not have quite the fevered pitch of the Internet boom of the last century but Sajewycz says it sometimes has similar energy with bigger companies buying up smaller ones that have desired oil and gas technologies. "I do work with a company in Alberta that looks at buying oil and gas technologies, so they buy up smaller companies such as service or research and development companies and when buying they hired me to look at the IP patent portfolios to see how strong they are and what advantage they can provide," says Sajewycz. "The IP is now being leveraged as an exit strategy for these companies because investors are actually paying attention to this intellectual property when they're making decisions whether to buy and people are becoming wealthy." Osgoode's Professional LLM in Intellectual Property Law sgoode_CL_July_13.indd 1 The patent fights in oil and gas will probably be more concentrated with the smaller companies first — not full-blown litigation but lawsuits or the threat of lawsuits based on their patents. "I see that a lot, actually," he says. "These patents are being used in a proactive kind of way. You might not see it reported in the Canadian Patent Reporter as a listed case but it's happening." REFLECTING ON YOUR SPECIALTY REFLECTS WELL ON YOU. Enhance your expertise – and your value – by focusing on what interests you most. Taught by leading academics and top practitioners, our Professional LLM in Intellectual Property Law offers you the unparalleled flexibility to study with a network of your peers while working full time. STUDY ONSITE AT OUR CONVENIENT DOWNTOWN TORONTO FACILITY, OR VIA VIDEOCONFERENCE FROM ANYWHERE AROUND THE WORLD – COURSES INCLUDE: > Introduction to Intellectual > Intellectual Property Transactions Property: Theoretical > Intellectual Property Challenges Frameworks in the 21st Century > Copyright Law > International Aspects of > Patent Law Intellectual Property > Trade-mark Law > Intellectual Property Litigation > Protection of Intangible > Remedies for Infringement of Business Interests Intellectual Property Rights DIRECTORS Dr. Carys Craig Associate Professor Osgoode Hall Law School Martin Kratz, QC Partner, Trademark Agent Head of Intellectual Property Bennett Jones LLP Professional legal education the way it was meant to be. To learn more or to register for an Information Session, visit www.osgoodepd.ca today. A WORLD LEADER IN LAW SCHOOL LIFELONG LEARNING Limited Spaces Available for Fall 2013. Apply Now. www.CANADIAN L a w ye r m a g . c o m J u ly 2013 41 13-06-10 11:41 AM

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