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Mark Penner Toronto Lawyer

Mark D. Penner

Partner Fasken
When creation is your business model, you need to protect it. Securing effective IP protection is the best way to do that!
Jurisdiction Ontario, 1997
Language(s) English
Office(s) Toronto

Mark D. Penner’s practice focuses on all aspects of the acquisition, protection, enforcement and strategic use of a wide range of intellectual property assets in Canada and around the world.

Acting for a range of clients, from individual inventors, start-ups and other early stage companies to large multinational companies, Mark provides strategic advice in a variety of technology areas, including biotechnology, chemistry, energy, social media, insurance, communications and digital marketing.

Mark regularly speaks and writes extensively on all aspects of intellectual property rights, particularly the commercialization of IP rights for start-ups as well as commercial matters for companies with respect to IP rights in national, cross-border and multinational commercial transactions. He is frequently sought after by national and international media as a commentator on IP matters.

Patents & Industrial Designs

As a registered patent agent with the Canadian Intellectual Property Office (CIPO), Mark advises clients on the drafting and prosecuting of patent applications in Canada and throughout the world, covering a range of subject matters, including biotechnology, chemistry and other life sciences.

Trademark Protection

As a registered trademark agent, Mark advises local, national and international clients on how to efficiently and effectively conduct branding strategies as well as protect, maintain and enforce trademark rights in Canada, the United States and other jurisdictions.

Commercial Intellectual Property & Commercialization of IP

Mark is frequently called upon to advise clients on commercializing intellectual property rights, including technology acquisition and licensing, freedom to operate and patentability opinions, as well as IP components of high value national, cross-border and multi-jurisdictional corporate transactions (e.g. financing, mergers and acquisitions and joint ventures).

  • Best Lawyers in Canada 2019, The Best Lawyers in Canada 2019 to 2020
  • IAM Strategy 300, IAM Strategy 300 2017 to 2019
  • IAM Patent 1000, IAM Patent 1000 2012 to 2019


  • Registered Patent Agent, United States
  • Registered Patent Agent, Canada
  • Registered Trade-mark Agent, Canada
  • LLB Queen's University
  • MSc, Immunology University of Toronto
  • BSc, Biochemistry Queen's University

Memberships & Affiliations

  • Member, Canadian Bar Association
  • Member, Ontario Bar Association
  • Member, Intellectual Property Institute of Canada
  • Foreign Affiliate Member, American Intellectual Property Law Association
  • Member, International Trademark Association
Article Canada, Keywords and Confusion! Internet & E-Commerce Law in Canada, Volume 17, Number 12
Article Vancouver Community College v Vancouver Career College. Court of Appeal for British Columbia Intellectual Property Magazine
Speaker What Does 2019 Hold for the Innovation Economy Toronto Symposium (9th Edition) location location Toronto, ON
Speaker Why You Should Still Be Afraid of the Dark! The Dark Web & Why You Need to Understand What It Is and What It Does Fasken Toronto Symposium (8th Edition) location location Toronto, ON


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