Barry practises intellectual property law, with an emphasis on copyright, trademarks, domain names, and anti-counterfeiting enforcement. Clients have praised him as a “solutions-oriented lawyer distinguished by thoroughness and flexible decision making” (2021 World Trademark Review (WTR) 1000).
In his copyright practice, Barry acts on behalf of rights holders and users engaged in litigation, administrative proceedings, and commercial matters involving complex issues of copyright law, including the educational use of copyright-protected works, the use of music for public performances, artists’ exhibition and reproduction rights and the provision of professional services in the visual arts.
Barry is also a registered trademark agent and advises domestic and foreign clients on trademark clearance, prosecution, opposition, acquisition, licensing, and litigation. He represents owners of some of the most recognized Canadian and international brands across a broad range of industries, including fashion, hospitality, media & entertainment, wine & spirits, pharmaceuticals, and professional sports.
As a litigator and advocate, Barry has acted or appeared as counsel before the Copyright Board of Canada, Trademarks Opposition Board, Federal Court, Federal Court of Appeal, and Supreme Court of Canada. Barry’s experience also includes a secondment as Associate Counsel to Re:Sound, the Canadian not-for-profit collective society representing thousands of artists and record companies.
Barry has co-authored several publications and is a frequent speaker in the areas of trademarks and copyright law. He has been recognized as a leading IP professional in Canada by: The Canadian Legal Lexpert Directory; Best Lawyers in Canada; IP STARS; World Trademark Review 1000 (WTR); and the World Intellectual Property Review (WIPR) Leaders Directory, which recognizes lawyers who — in addition to industry expertise — have helped shape and influence future IP practitioners.
Barry is a member of Osler’s Diversity Committee, committed to promoting diversity and inclusion at the firm and in the legal profession. He is an avid supporter of the visual arts in his community, currently serving as a member of the Advisory Board to the Carleton University Art Gallery (CUAG) and on the Board of Directors of the Ottawa Art Gallery (OAG).
Representative Work
- The underwriters
The underwriters, led by Goldman Sachs, BMO Capital Markets, RBC Capital Markets and TD Securities, in connection with the initial public offering by Groupe Dynamite Inc.
- Newsfile
Newsfile in its sale to TMX Group
- Béton Provincial
Béton Provincial in connection with its acquisition of CRH Canada Group Inc.
- WT Microelectronics
WT Microelectronics in its acquisition of Future Electronics for US$3.8 billion
- iNovia Capital
iNovia Capital in connection with Talent.com’s US$120 million Series B financing round
- Verisk Analytics
Verisk Analytics in its acquisition of Opta
- TopBuild
TopBuild in its $1 billion acquisition of Distribution International
- Frank and Oak
Modasuite Inc., doing business as Frank and Oak completes sale transaction
- Bristol Myers Squibb
Bristol Myers Squibb in its acquisition of Forbius
- Cowen and Company, LLC and BMO Nesbitt Burns Inc., as representatives of the Underwriters
The Underwriters in connection with the cross-border IPO and NASDAQ listing of Tilray Inc.
The underwriters, led by Goldman Sachs, BMO Capital Markets, RBC Capital Markets and TD Securities, in connection with the initial public offering by Groupe Dynamite Inc.
Newsfile in its sale to TMX Group
Béton Provincial in connection with its acquisition of CRH Canada Group Inc.
WT Microelectronics in its acquisition of Future Electronics for US$3.8 billion
iNovia Capital in connection with Talent.com’s US$120 million Series B financing round
- Verisk Analytics
Verisk Analytics in its acquisition of Opta
- TopBuild
TopBuild in its $1 billion acquisition of Distribution International
- Frank and Oak
Modasuite Inc., doing business as Frank and Oak completes sale transaction
- Bristol Myers Squibb
Bristol Myers Squibb in its acquisition of Forbius
- Cowen and Company, LLC and BMO Nesbitt Burns Inc., as representatives of the Underwriters
The Underwriters in connection with the cross-border IPO and NASDAQ listing of Tilray Inc.
Latest Insights
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Osler Update March 31, 2025
Changes to Canadian trademark laws and practice coming April 1, 2025
We examine the amendments to the Trademarks Act and Trademarks Regulations coming into force on April 1, 2025, and their practical implications.
Read more
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Webinar March 30, 2023
Osler AI Series: Data, Intellectual Property and Privacy
Our second webinar focuses on data, intellectual property and privacy.
Read more -
Osler Update December 13, 2021
Time to talk about ownership of AI-generated intellectual property assets
Systems for protecting intellectual property (IP) have been in place since the Middle Ages, encouraging skilled, innovative technicians by granting...
Read more -
Osler Update March 14, 2019
Major changes to Canadian trademark law and practice coming into force June 17, 2019 — Are you ready?
The Canadian Parliament passed legislation back in 2014 which made sweeping and significant changes to the Trademarks Act. The amendments and the...
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Awards and Recognition
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Chambers Canada: Canada’s Leading Lawyers for Business: Recognized in Intellectual Property
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The Canadian Legal Lexpert Directory: Recognized in Intellectual Property; Litigation – Intellectual Property
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Lexpert’s Leading 500 Cross-Border Lawyers: A Guide to Doing Business in Canada: Recognized in Intellectual Property
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Best Lawyers in Canada: Recognized in Intellectual Property Law
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World Intellectual Property Review (WIPR): Global Leader (2023)
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World Trademark Review: WTR 1000 – The World’s Leading Trademark Professionals: Recognized in Prosecution and Strategy (Silver band)
- “solutions-oriented lawyer distinguished by thoroughness and flexible decision making.”
- “come highly recommended for any work dealing with trademark prosecution and enforcement.”
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Managing Intellectual Property: Recognized as a Rising Star
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Lexpert Special Edition: Recognized in Technology and Health Sciences
Media Mentions
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Media Mentions March 25, 2025
Why AI could mean more work, not less, for copyright lawyers – Law Times
Generative AI could increase demand for copyright lawyers due to the rising volume and complexity of cases, says partner Barry Fong, Intellectual...
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Osler News February 4, 2025
Osler’s IP Group earns first gold ranking in 2025 edition of World Trademark Review 1000
Osler’s Intellectual Property Group has, for the first time, moved into the gold band ranking in the “Firms” category.
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Osler News February 12, 2024
Osler’s IP Group recognized by World Trademark Review 1000: The World’s Leading Trademark Professionals 2024
Osler's IP Group recognized by World Trademark Review 1000: The World’s Leading Trademark Professionals 2024
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Osler News April 27, 2023
Osler’s Intellectual Property group receives Trademark Disputes Firm of the Year (Canada) at the Managing IP Americas Awards 2023
Congratulations to our Intellectual Property group for receiving the Trademark Disputes Firm of the Year (Canada) at the Managing IP Americas Awards...
Read more
Community Involvement
- Carleton University Art Gallery, Advisory Board Member
- Osler Diversity Committee, Member
- Ottawa Art Gallery, Board of Directors and Char of the Acquisitions & Collections Committee
Speaking and Writing
Speaking Engagements
The Copyright’s Society: 2023 Midwinter Meeting
Speaker, “The Great Copyright Debate: North v. South”, February 9-11, 2023
Year in Review in IP Law
Moderator, Trademark Law Update, February 12, 2021
Intellectual Property Institute of Canada (IPIC) 93rd Annual Conference
Moderator, Trademarks Panel: “Budding Issues in Cannabis IP Protection, Product Branding and the ‘Green Rush'”, Gatineau, September 26, 2019
International Trademark Association (INTA) Young Practitioners & Trademark Administrators Roundtable
Moderator, “Changes to Canada’s Trademarks Act: Surviving the first three months”, Toronto, September 12, 2019
Ontario Association of Art Galleries (OAAG) Workshop, “Strategizing Acquisitions in Different Collections Mandates”
Speaker, “Legal Processes and Procedures in Accepting Donations”, Toronto, ON, Canada, March 21, 2019
iPolitics and Government Relations Institute of Canada (GRIC)
Panelist, “iPoliticsINTEL Presents: Modernizing Canada’s Copyright Act”, Ottawa, ON, Canada, June 12, 2018
Intellectual Property Institute of Canada (IPIC) Webinar
Moderator, “Year in Review in IP Law: Copyright Law Update”, February 6, 2018
Published Work
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Co-author, “Chapter 3 – Copyright”, Intellectual Property Disputes: Resolutions and Remedies, ed. by Ronald E. Dimock (Toronto: Carswell – Thomson Reuters, 2017).
- Co-author, “Copyright and Industrial Design Developments – 2017”, 22nd Annual Intellectual Property Law: The Year in Review, Law Society of Ontario, January 18-19, 2018 (with primary authors John Cotter and Scott Miller).
- Annual Update on Copyright, Design and Related Legislation and Jurisprudence (2009, 2010, 2011, 2012, 2013, and 2014), Intellectual Property – The Year in Review, Law Society of Upper Canada (co-authored papers with primary authors Glen Bloom and Barry Sookman).
- Bloom G, Sookman B, Klee M, Fong B, Dawalibi D, Lunn F, Plamondon F. Canadian Copyright, Design, and Related Legislation and Jurisprudence: 2011, Canadian Intellectual Property Review (June 2012); 28(1): 3-38.
- Hickson JA, Fong B, Watson PH, Watson AJ. PP2Cdelta (Ppm1d, WIP1), an endogenous inhibitor of p38 MAPK, is regulated along with Trp53 and Cdkn2a following p38 MAPK inhibition during mouse preimplantation development. Mol Reprod Dev. 2007 Jul; 74(7): 821-34.
- Fong B, Watson PH, Watson AJ. Mouse preimplantation embryo responses to culture medium osmolarity include increased expression of CCM2 and p38 MAPK activation. BMC Dev Biol. 2007 Jan 10; 7:2.
Credentials
Education
- Western University, J.D. (Area of Concentration in Intellectual Property, Information & Technology Law)
- Western University, M.Sc. (Physiology)
- Western University, B.Sc. (Hons.) (Pharmacology and Toxicology)
Languages
- English
Professional Affiliations
- Law Society of Ontario
- Registered Trademark Agent
- Intellectual Property Institute of Canada Member, Copyright Policy Committee (2017-2019) Member, Forums & Seminars Committee (2015-2017, 2017-2019)
- Member, Copyright Policy Committee (2017-2019)
- Member, Forums & Seminars Committee (2015-2017, 2017-2019)
- International Trademark Association Member, Trademark Administrators Committee (2018-2019) Member, Young Practitioners Committee (2014-2015, 2016-2017)
- Member, Trademark Administrators Committee (2018-2019)
- Member, Young Practitioners Committee (2014-2015, 2016-2017)
- ALAI Canada (Association littéraire et artistique internationale)
- Copyright Society of the USA
- Canadian Bar Association
- Ontario Bar Association
