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Eliane Ellbogen, Associate | Trademark agent

Eliane Ellbogen

Associate | Trademark agent Fasken
Jurisdiction Québec, 2020
Language(s) English, French
Office(s) Montréal
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Overview

Eliane Ellbogen is an intellectual property lawyer at the Montréal office. Her practice is focused on IP litigation and IP strategy. It covers a broad range of industries, with an emphasis on life sciences, emerging technology, e-commerce, and the creative industries.

As a litigator, Eliane advises and represents clients in complex patent, trademark, and copyright infringement and trade secret matters. She also litigates constitutional and regulatory cases in the life sciences sector. Eliane has appeared before the Supreme Court of Canada, the Federal Court of Appeal and Federal Court, the Québec Court of Appeal and Superior Court, the Copyright Board, and the Trademarks Opposition Board.

Eliane regularly works with clients to develop and enforce their IP strategies, from tech and music licensing to global branding strategies, particularly at the start-up stage. 
In parallel to her IP litigation and strategy practice, Eliane has extensive knowledge of the provincial and federal language rules for product packaging and labelling, public signage, commercial advertising, and online content, and regularly advises clients on their compliance efforts. 

Eliane is well-versed in all matters relating to artificial intelligence, with a deep understanding of copyright issues in the context of machine learning. Eliane is often invited to speak on copyright, artificial intelligence, and legal issues in the creative sectors, and often appears in the media to comment on these topics. She completed her Bachelor of Law with honours at UQAM. Before becoming a lawyer, Eliane directed an internationally-renowned digital art exhibition centre and advised government agencies as an expert in digital arts. She continues to be actively involved in the arts community as a board member of various organizations.

 

Achievements

  • Named Impact Case of the Year - Merck Canada et al v Canada - Canada by Managing IP Awards - Americas 2023, Managing Intellectual Property IP Stars Handbook 2023
  • Dean's list - UQAM, 2019
  • Laskin Moot in Constitutional and Administrative Law, 2019

Client Work

  • Novacap acquires controlling interest in Globe Electric, [Deal - Novacap], Novacap, a leading Canadian private equity firm, acquires an interest in Globe Electric.
  • BonLook acquires virtual optical measurement tool EyeMeasure, [Deal - BonLook Inc.], BonLook grows and develops its technological expertise in the field of optics.
  • Constitutional challenge in the Superior Court of Québec attacking controversial amendments to the Patented Medicines Regulations and the validity of the existing PMPRB regime under the Patent Act, [Case - Merck Canada Inc., Janssen Inc., Servier Canada Inc., Boehringer Ingelheim Canada Ltd/Ltée, Bayer Canada Inc., Theratechnologies Inc., and an additional (Confidential) pharmaceutical company], Constitutional challenge in the Superior Court of Québec.

Career & Education

Education

  • LLB UQÀM
  • Bachelor, Art History McGill University

Community involvement

  • Member, Board of directors, Galerie Oboro (since 2018)
  • Member, Board of directors, Centre de production et d'exposition Eastern Bloc (since 2017)

Knowledge

Events

News

Publications

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