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Patricia Henault | Intellectual Property Lawyer in Montréal

Patricia Hénault

Associate Fasken
Jurisdiction Québec, 2017
Language(s) French, English
Office(s) Montréal
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Overview

Patricia is a lawyer in our Montreal office, practising in the Intellectual Property (IP) and Technology, Media and Telecommunications (TMT) groups. Patricia is a versatile litigator who has appeared before all levels of the federal and provincial (Québec) courts, including the Supreme Court of Canada, the Federal Court of Appeal and the Québec Court of Appeal. She regularly acts for clients in IP matters involving interim and interlocutory injunctions in the context of unfair competition and passing off. 

Patricia has a deep understanding of the IP legislative and regulatory landscape. In her view, intellectual property not only involves obtaining, registering and using patents, trademarks, copyrights and trade secrets but also advances knowledge, generates investment returns, finances research and development, demonstrates the trustworthiness and credibility of an innovative business and ensures its continuity and profitability. As a result, Patricia excels at providing clients with advice on how to effectively manage, leverage and protect these valuable assets.

Her clients also benefit from her extensive knowledge of health law, gained from her experience advising and representing pharmaceutical companies in their market access efforts, in patent litigation and in applications for judicial review.

Patricia also acts on behalf of some of Canada’s largest media companies in matters involving freedom of the press and freedom of expression. She regularly opposes applications for publication bans and other confidentiality orders on behalf of the media in both civil and criminal matters.

 

 

Achievements

Client Work

  • Fasken achieves an important gain for public right to information before the Supreme Court of Canada, [Case - Coalition of media], Litigation regarding public right to information before the Supreme Court of Canada.
  • Equisoft Sues For Breach Of Commercial Secrets In Front Of The Quebec Superior Court, [Case - Equisoft Inc.], Equisoft files a lawsuit against Protégez-vous for breach of commercial secrets.
  • La Presse and the Canadian Broadcasting Corporation as interveners in an important case on free access to court records and its importance for constitutional rights, [Case - La Presse Ltée and Canadian Broadcasting Corporation/Société Radio-Canada], An important case on free access to court records and its importance for constitutional rights.
  • Fasken's expertise for increased food security in Quebec, [Case - Moisson Rive-Sud and Resto Plateau], Fasken is committed to help Quebecers have access to fresh, healthy and nutritious food. Organizations that provide food and meals to those in need are key players in that respect. Year after year, they are increasingly solicited. The COVID-19 pandemic has brought an even greater demand, and has ...
  • The Supreme Court of Canada issues a crucial ruling on the protection of journalistic sources, [Case - Canadian Broadcasting Corporation], Appeal to the Supreme Court of Canada of the first decision applying the new Canadian regime of protection of journalistic sources. This is the first or one of the first occurences of a journalist being asked to testify on the identity of her confidential sources. Fasken was retained by CBC to re...
  • Janssen overturns Court of Appeal ruling to exclude Remicade from Quebec's list of medications, [Case - Janssen Inc.], On January 16, 2019, the Quebec Court of Appeal declared invalid the decision of the Minister of Health and Social Services that Remicade, a Janssen product, had been removed from the Quebec ‘s List of Medications covered by the provincial drug plan. In 2017, the Minister of Health and Social S...
  • Intervention of the CBC in a Reference Procedure brought by the Privacy Commissioner of Canada in front of the Federal Court of Canada, [Case - CBC/Radio-Canada], Fasken was retained by CBC to intervene in a reference procedure in front of the Federal Court of Canada brought by the Privacy Commissioner of Canada.
  • CBC comments in the Privacy Commissioner of Canada’s consultation on online reputation, [Case - CBC/Radio-Canada], Fasken was retained by CBC to file comments on the Position Paper of the Privacy Commissioner of Canada in the course of the Commissioner’s consultation on online reputation.
  • A victory for freedom of the press at the Chamberland Commission, [Case - Les médias du Québec], A Fasken team led by Christian Leblanc represented the Quebec media at hearings of the Chamberland Commission (investigating police practices relating to surveillance of journalists). The hearings, which were covered extensively in the media, took place over several months in 2017, and Christian’...

Career & Education

Education

  • Certificate, Pharmacology & Therapeutics McGill University
  • LLB, BCL McGill University

Community involvement

  • Member of the Board of Directors, Île du Savoir
  • Member of the Board of Directors, Association des juristes pour l'avancement de la vie artistique (AJAVA)
  • Member, Brigade des jeunes gastronomes, Institut de Tourisme et d'Hôtellerie du Québec (ITHQ)
  • Co-founder and administrator, Quebec Zero Waste Association
  • Member of the Board of Directors, École Grandeur Nature

Memberships & Affiliations

  • Member, Quebec Bar
  • Member, Montreal Bar
  • Member, Canadian Bar Association
  • Member, Canadian Media Lawyer Association (CMLA)/Ad IDEM
  • Member, Canadian Institute for the Administration of Justice (CIAJ)
  • Member, Intellectual Property Institute of Canada (IPIC)

Knowledge

Events

News

Publications

  • Ingérence: Ottawa considère intenable la révision de la confidentialité de documents (Available In French Only), 2/1/2024
  • Le débat sur la peine des deux ex-joueurs des Tigres aura lieu en mars (Available in French Only), 10/20/2023
  • Un juge qui demande de taire son nom, « ça nous inquiète », plaident les médias (Available in French Only), 6/6/2022

Speaking Engagements

  • Challenging Provincial Reimbursement Decisions, 12/9/2020
  • Confidentialité des sources journalistiques : une protection accrue (available in French only), 10/15/2020
Speaker Confidentialité des sources journalistiques : une protection accrue (available in French only) Association des juristes pour l'avancement de la vie artistique location location Webinar

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