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Barry Fong

Barry Fong

Partner, Intellectual Property


Contact Information

bfong@osler.com

tel: 613.787.1097

Office

Ottawa

Bar Admission

Ontario, 2010

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)
Language(s)
English

Barry practises intellectual property law, with an emphasis on trademarks, domain names, anti-counterfeiting enforcement, and copyright.

In his copyright practice, Barry regularly acts on behalf of parties engaged in contract negotiations, administrative proceedings and litigation involving complex issues of copyright law, including the educational use of copyright-protected works, artists’ exhibition and reproduction rights and the provision of professional services in the visual arts, and the use of music for public performances. He has appeared before the Copyright Board of Canada in numerous tariff proceedings, and before the Federal Court and Federal Court of Appeal. Barry’s experience includes a secondment as Associate Counsel to Re:Sound, the Canadian not-for-profit music licensing company that represents thousands of artists and record companies.

Barry is also a registered trademark agent and regularly advises domestic and foreign clients on trademark clearance, prosecution, opposition, acquisition, licensing and litigation. He acts on behalf of 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.

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 trademark professional in Canada by the 2019 World Trademark Review (WTR) 1000.

He is an avid supporter of the visual arts and currently serves 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).

Barry is also a member of Osler’s Diversity Committee, committed to promoting diversity and inclusion at the firm and in the legal profession.

Barry obtained his Juris Doctor from Western University, with a concentration in Intellectual Property, Information and Technology Law. While attending law school, he was actively involved in student government and served as president of the Western Intellectual Property Association. Before law school, Barry completed a Master of Science in Physiology and a Bachelor of Science (Honors) in Pharmacology and Toxicology, both at Western University.

World Trademark Review

  • WTR 1000 – The World’s Leading Trademark Professionals 2019: Prosecution and Strategy (bronze band).

  • IPIC Webinar: "New Trademark Regulations, Practice Notices and Madrid – Is Your Practice Ready?"

    Moderator, CIPO Practice Notes - Understanding What's New, Tuesday, April 16, 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

  • International Trademark Association (INTA) 2018 Trademark Administrators and Practitioners Meeting

    Panelist, "Supersize Your IP Rights: Copyrights and Designs", Orlando, Florida, United States of America, September 14, 2018

  • 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

  • Intellectual Property Institute of Canada (IPIC) 91st Annual Meeting

    Moderator, Trademarks Panel: “Who’s Offended? – A Review of the Laws on Obscene, Scandalous and Immoral Marks in Canada, the US and the EU”, Niagara Falls, ON, Canada, October 12, 2017

  • Artists’ Legal Services Ottawa (ALSO)

    Panelist, “Contracts for Artists”, Ottawa, ON, Canada, March 28, 2017

  • Institute of Art & Law, Canadian Museums Association (CMA) and Library and Archives Canada

    Speaker, “Understanding Exhibition Rights, Collective Societies and Orphan Works in Canada: Copyright in Visual Arts” and "Art, Law and Collections Management", Ottawa, ON, Canada, December 7, 2016

  • Ottawa Art Gallery, Board of Directors
  • Carleton University Art Gallery, Advisory Board Member
  • Osler Diversity Committee, Member

  • 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)
  • International Trademark Association
    • Member, Trademark Administrators Committee (2018-2019)
    • Member, Young Practitioners Committee (2014-2015, 2016-2017)
  • ALAI Canada (Association littéraire et artistique internationale)
  • Canadian Bar Association
  • Ontario Bar Association

  • 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.