David Spratley practises in the areas of intellectual property, technology, e-commerce, video game law, privacy law, and franchise and distribution. He advises clients primarily on issues such as:
· Creating, protecting, enforcing and commercializing intellectual property rights
· Developing, distributing, licensing and supporting software, video games and other technology
· Complying with federal and provincial privacy legislation
· Establishing and protecting franchise systems and other distribution systems
Born and raised in Vancouver, David graduated with an honours degree in political science from the University of British Columbia and then temporarily forsook the west coast to obtain both a bachelor of laws and a masters of library and information studies at Dalhousie University in Halifax, Nova Scotia. He returned to Vancouver article with Davis and joined the firm's Technology & Outsourcing and Intellectual Property Practice Groups upon his call to the bar in 2002.
From October 2008 through April 2010 David worked in-house for a large public healthcare organization where he advised on legal issues and strategies in a wide range of areas, including information technology, life sciences, business and commercial initiatives, privacy, human resources, communications, procurement and facilities. David returned to Davis LLP in May 2010.
Publications & Seminars
· "Team spirit -- or IP infringement?", The Lawyers Weekly, July 1, 2011
· "Multimedia Works and Clearing Rights: Canadian Legal Issues" for the 5th Internet Law Conference (Federated Press, Calgary, March 2011)
· "Canadian vs US Trade-mark Procedures: Similarities and Differences", Davis LLP Franchise Bulletin, November 2010
· "How Real is too Real? Depicting real-world brands and people in video games", The Lawyers Weekly, November 26, 2010
· "Multimedia Works and Clearing Rights: Canadian Legal issues" for the 2nd Internet Law Course (Federated Press), April 2009
· "Canadian Private-Sector Privacy Laws: Overview for Solicitors and Litigators", for Insight Information Conference, June 2008 (with Maggie Campbell)
· "Copyright law offers poor protection for aboriginal cultural property", Western Native News, December 2007
· "Copyright law offers poor protection for aboriginal cultural property", The Lawyers Weekly, November 23, 2007
· "Will Notification of Information Security Breaches Soon Become Mandatory?", in Canadian Privacy Law Review, Vol. 4 (July/August 2007), co-authored by Tamara Hunter and David Spratley
· Presented an interactive workshop session on Intellectual Capital for Game Companies at the Vancouver International Game Summit, May 2007.
· Co-authored Gamasutra feature on the dispute between Activision and Spark Unlimited regarding Call of Duty: Finest Hour, January 12, 2007
· "Lightsabers and Liability: Virtual Property Raises Interesting Legal Issues", in Internet and E-Commerce Law in Canada, Volume 7, Number 9 (November 2006)
· "Virtual Property and the Law" in the E-Commerce Law Report, July, 2006
· "Negotiating Computer Contracts for Franchisors and their Franchisees" in Franchising World, May 2006, pp. 80-83, authored by David Spratley, Chris Bennett and John Rogers
· "Virtual Property -- it's not physical but it has value for video gamers", The Lawyers Weekly, April 21, 2006
· "Non-Competition Agreements in Commercial Transaction", written for the Canadian Institute conference on Negotiating and Drafting Key Business Agreements, March, 2006
· Quoted in The Lawyers Weekly article entitled "Blog builds video game law practice group's credibility and profile", February 24, 2006
· "When is a Distribution Agreement ALSO a Franchise Agreement?", John L. Rogers and David Spratley, Franchise & Distribution, September, 2005
· "Protecting Aboriginal Knowledge, Culture and Art under Canadian Intellectual Property Laws", written for the Aboriginal Law Conference CLE of June 10, 2005
· "IP Due Diligence in M&A Transactions", Alec Szibbo and David Spratley, written for the 2005 International IT Law Conference, June, 2005
· "Running Contests in Canada -- Rules Applying to Franchisors" in Franchise & Distribution, Volume XI, No. 2, co-authored with John L. Rogers and Chris Bennett, 2004
· "Cooked Virginia Spam: Recent Developments in the Fight Against Spam", published in the Canadian International Lawyer, Vol. 3, No. 5, 2003
· "Managing E-Commerce Risks, Part I: Identifying the Risks", co-authored with Robert A. Fashler for Commercial Litigation: The Latest Issues in Insurance Litigation and Corporate Level Disputes, September 17, 2002
· "Computer, Internet and Intellectual Property Legislative and Case Law Developments in Canada, 2001 to 2002", co-authored with Alec. R. Szibbo for the 19th Annual Pacific Rim Computer and Internet Law Institute Conference, June 2002
Media Commentary
· Quoted in the Business in Vancouver article entitled "Taxing events in your business Second Life", November 6-12, 2007; issue 941
· Quoted in The Lawyers Weekly article entitled "Blog builds video game law practice group's credibility and profile", February 24, 2006
Other Activities
· Registered Canadian Trade-mark Agent
· Member, Law Society of British Columbia
· Member, Canadian Bar Association
· Member, Intellectual Property Institute of Canada
· Chair, Computer Law Section, Canadian Bar Association, 2004-2006
· Vice-chair, Computer Law Section, Canadian Bar Association, 2003-2004
· Secretary, Computer Law Section, Canadian Bar Association, 2002-2003
Publications
Canadian vs US Trade-mark Procedures: Similarities and Differences - Franchise Bulletin 3 - November 2010
Video Game Law: How Real is too real?
Franchise Connection Summer 2008
Are You Ready for Dot Asia? - Technology & Outsourcing Law Alert
No more disclaimer requests - Intellectual Property Law Alert
Will Notification of Information Security Breaches Soon Become Mandatory?
Privacy Law Alert
Davis Franchise Connection No.3
Virtual Property and the Law
Negotiating Computer Contracts for Franchisors and their Franchisees
Beginning of .EU Domain Name - Act Quickly!
intelligence July 2005
Protecting Aboriginal Knowledge, Culture and Art under Canadian Intellectual Property Laws
Privacy Alert - USA Patriot Act concerns
Privacy Compliance Program
Canadian Supreme Court Protects Copying for Reseach and Private Study (intelligence)
intelligence July 2003
Computer, Internet and Intellectual Property Legislative and Case Law Developments in Canada, 2001 to 2002
(Also at Toronto, ON Office)