Martin Kratz leads the intellectual property practice for Bennett Jones. He also leads the anti-spam practice and co-leads the ecommerce practice. His practice is focused in intellectual property and technology law, which includes substantive patent, copyright and trademark matters as well as matters of intellectual property transactions, IP commercialization, IP strategy and opinions, anti-spam, data protection, privacy, ecommerce, strategic alliances, mergers, acquisitions and technology transfers among technology companies. His practice is focused on the energy, electronic commerce, software, telecommunications, pharmaceutical, biotechnology, entertainment and related industries.
Martin continues to be internationally recognized as a leading lawyer. Among other recognition he is identified:
•as one of Canada's most creative lawyers by Lexpert-Thomson in the US guide to Canada's 100 Most Creative Lawyers;
•as one of Canada's leading lawyers in The Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada in each of the fields of intellectual property and technology law;
•ranked by Chambers and Partners for each of information technology law and intellectual property law;
•as an IP STAR by Managing Intellectual Property in each of the Patent and Copyright & Trademark handbooks;
•as one of Canada's leading cross-border lawyers in the Lexpert 2014 Guide to the Leading US/Canada Cross-border Corporate Lawyers in Canada;
•as among the top patent lawyers in the world in the 2014 IAM Patent 1000, The World's Leading Patent Practitioners;
•as among the world's top 648 patent lawyers in The International Who's Who of Patent Lawyers, 2013;
•listed by Who's Who Legal 2013 for Information Technology, Patents and Sports and Entertainment;
•as the exclusive winner of International Law Office / Lexology Client Choice Awards USA & Canada 2014 (national) for the Intellectual Property - Patents category;
•the winner of the International Law Office / Lexology ILO Client Choice Award (International) 2013;
•as a leading Internet and e-commerce lawyer in The International Who's Who of Internet & e-Commerce Lawyers by Who's Who Legal;
•as one of Canada's leading lawyers in Woodward White's The Best Lawyers in Canada for intellectual property law, technology law and information technology law;
•as a leading Internet and e-commerce lawyer in Who's Who Legal: Internet & e-Commerce;
•as highly recommended in technology law by the Practicing Law Institute;
•as a leading lawyer in Intellectual Property and Information Technology by Lawday;
•by Global 100 as 2014 Intellectual Property Lawyer of the Year - Canada;
•as 2014 outsourcing Lawyer of the Year for Canada by Corporate Intl; and
•as a leading Canadian IP practitioner by winning the Corporate Intl Global Award, Intellectual Property Advisory Excellence in Canada.
Martin has written over 346 publications on various topics involving intellectual property, technology law or on related topics including the following books as sole or co-author: Canadian Anti-Spam Law, 2014; Canadian Internet Law, 2013; Anti-Spam Chapter of Electronic Commerce Law, 2013; Confidential Information Chapter of Director's Duties 2013; Outsourcing (Canada) 2012; IP&IT Handbook 2012/13: Volume 2: Data Protection - Canada; Licensing 2012 (Canadian Forms & Precedents), Electronic Commerce Law 2012; Canadian Intellectual Property Law, 2nd Ed., 2010; Trademarks and Industrial Designs, 2002 (Canadian Encyclopedic Digest); Internet Law: A Business and Professional Guide, 1998 (Canada's first Internet law text); Canadian Intellectual Property Law, 1998; Obtaining Patents, 2nd Edition, 1999 (1st Edition published 1995); Protection of Copyright and Industrial Design, 1999, 2nd Edition (1st Edition published 1994); Information Systems Security: A Practitioner's Guide, 1994 (2nd Edition published 2003); The Computer Virus Crisis, 1992, 2nd Edition (1st Edition published 1989 and translated into Russian, Japanese and Dutch versions); and Control and Security of Computer Information Systems, 1988.
Martin is national co-director of Osgoode Hall Law School's Intellectual Property LLM program. Teaching or having taught courses in Intellectual Property Law, Biotechnology Law and Internet Law at several law schools, Martin is an Adjunct Professor of Law at the Osgoode Hall Law School (Toronto) and at Concordia University College (Edmonton). At Osgoode Hall Law School (York University) Martin teaches, as lead national instructor, Intellectual Property Transactions and co-teaches Intellectual Property Theoretical Frameworks for the Intellectual Property LLM Program. He also teaches Intellectual Property Law for the Health Law LLM Program. He also acts as Regional Director of the E-Business LLM program.
Among other memberships, Martin is a member of the American Bar Association's Science & Technology, Patent, Copyright & Trademark, Sports & Entertainment and International Sections, a member of the Intellectual Property Committee of the Canadian Chamber of Commerce, a fellow of the Intellectual Property Institute of Canada, and a fellow of the Canadian Information Processing Society. He was appointed to the Board of Governors of Alberta College of Art + Design (ACAD) in July 2014 for a three-year term.Martin was appointed to the board of the Journal of Intellectual Property Law in May 2016.
•Martin Kratz and Steve Major recently acted for a large financial institution in addressing a cyber-attack. Both Kratz and Major participated as members of the incident response team and worked closely with the senior management of the client to identify the risks, review remedial action taken, understand the client's reporting and notification responsibilities, to engage specialized IT, forensic, public relations and other resources and to craft notifications for different classes of individuals potentially affected by the breach and to address and help mitigate potential liability associated with the incident.
•TriWest Capital Partners, one of Canada's leading private equity firms, in connection with the acquisition of Prostar Well Service Inc. and Prostar Manufacturing Inc. (formerly Rangeland Drilling Automation Inc.)
•Statoil Canada Ltd. in connection with acquisition by PTTEP Canada Limited of the remaining 60% ownership interest in the Thornbury, Hangingstone and South Leismer oil sands areas in exchange for Statoil's 40% stake in the Leismer and Corner projects and approximately US$200 million in cash.
•2017, M&A Today - Global Awards
Martin P.J. Kratz QC, FCIPS, Intellectual Property Lawyer of the Year - Canada
•2016, ACQ Global Awards
Martin P.J. Kratz QC, FCIPS, recognized as the winner in the category of cyber security and data protection
Martin P.J. Kratz QC, FCIPS, received a BV Distinguished Peer Review Rating
•The Business of Innovation - Intellectual Property Transactions and Strategies in the New Economy
•Directors' Duties in Canada, 6th ed.
•The Canadian Radio-Television and Telecommunications Commission Realigns Wholesale Wireline Services
•Proposed Investment Tax Credit for Small Tech/Tourism Businesses in Alberta
•Enforcement Continues Under Canada's Anti-Spam Law
•Notice and Notice Regime Does Not Change Law for Obtaining Norwich Orders
News & Speaking Engagements
•Martin Kratz on Canadian Venture Financing in Lexpert
•Martin Kratz on Cover of October Lexpert on Trademarks
•Introduction to Intellectual Property - Theoretical Frameworks
of the Canadian Information Processing Society. He was appointed to the Board of Governors of Alberta College of Art + Design (ACAD) in July 2014 for a three-year term.
Statoil Canada Ltd. in connection with acquisition by PTTEP Canada Limited of the remaining 60% ownership interest in the Thornbury, Hangingstone and South Leismer oil sands areas in exchange for Statoil's 40% stake in the Leismer and Corner projects and approximately US$200 million in cash.
•Members of the Sanjel Group, an international leader in innovative down hole well services, in connection with the acquisition of certain worldwide intellectual property and other assets from Sure Tech Tool Services Inc., a completions company, and also certain worldwide intellectual property and other assets from Noram Oil Services Inc.
•Omstead Foods Limited, in connection with the divestment of itsfrozen vegetable and coated appetizer division to Bonduelle SA andits frozen fruit division to Silver Valley Farms.
News & Events
• Martin Kratz Discusses CASL's Impact on U.S. Companies in Canada
In the Lexpert Guide to the Leading U.S./Canada Cross-border Corporate Lawyers in Canada article by Julius Melnitzer, Anti-Spam Law in Effect , Martin Kratz discusses how the recently implemented CASL legislation will affect U.S. companies doing business in Canada.
• Martin Kratz on Canada's Anti-Spam Law in the New York Times
July 01, 2014
In Ian Austen's New York Times article, Canadian Antispam Law Whips Up a Storm of Last-Minute Messages , Martin Kratz discusses Canada's anti-spam law that came into effect on July 1, 2014: The impact on every Canadian business, every Canadian organization that sends commercial messages to Canadians is more severe than the problem it is solving.
• Canada's Anti-Spam Legislation, July 1, and the Implications for Your Organization
June 25, 2014
Martin Kratz presents Canada's Anti-Spam Legislation, July 1, and the Implications for Your Organization to The CIO Association of Canada - Calgary Chapter.
•2014, Global 100
Martin P.J. Kratz, recognized as Intellectual Property Lawyer of the Year - Canada
•2014, Lexpert Guide to the Leading U.S./Canada Cross-border Corporate Lawyers in Canada
Martin P.J. Kratz, recognized as a leading lawyer in the area of technology transactions
•2014, IAM Patent 1000: The World's Leading Patent Practitioners
Martin P.J. Kratz, highly recommended as a leading patent professional in the category of transactions
Martin Kratz is extremely knowledgeable in domestic and international law, and entities rely on his advice to stay the course. He helps businesses make decisions which are strategic to their growth. He is well known for his quick response times and always treats his clients with respect.
• How Privacy Laws In Canada Affect The Cloud
August 12, 2014
In Canada, both public sector and private sector organizations must generally comply with Canadian privacy laws. The federal and provincial laws impose a variety of considerations for organizations using cloud services - especially if the services are hosted in another jurisdiction. Published by Cloud Computing in Canada and in a supplement of the Toronto Star .
• Intellectual Property and the Internet
May 30, 2014
Martin Kratz, QC, contributed the Canada chapter of Intellectual Property and the Internet: A Global Guide to Protecting Intellectual Property Online , published by Globe Law and Business.
• Norwich Orders and Copyright Trolls
March 07, 2014
The decision of the Federal Court in Voltage Pictures LLC v John Doe and Jane Doe, 2014 FC 161, provides insight into the collision of Norwich Orders, means used to identify unknown infringers, and the growing business model of copyright trolls giving rise for the Courts to be more mindful of playing a role in potentially abusive behaviour of the trolls.
• Canada's Anti-Spam Law to Come into Force on July 1, 2014 - Time to Get Ready!
December 04, 2013
By Martin Kratz, QC, Lisa Abe-Oldenburg and Sebastien Gittens On December 4, 2013, the Honourable James Moore, Minister of Industry announced that Canada's new anti-spam law (CASL) will come into force on July 1, 2014. Concurrent with this announcement, Industry Canada published its finalized Electronic Commerce Protection Regulations (ECPR) with respect to CASL. These regulations [...]
• Alberta's Personal Information Protection Act Violates Charter
November 15, 2013
By Martin P.J. Kratz QC and Stephen Burns The Supreme Court of Canada has just held that the collective right to freedom of expression in a lawful strike situation trumps an individual's right to control their information in a public setting, striking down the Alberta Personal Information Protection Act (PIPA). In its decision, Alberta (Information [...]
• YouTube (Part III) Notice-and-Take-Down Safe Harbour Under the DMCA
May 21, 2013
By Martin P.J. Kratz Q.C. A driving force for the development of the Internet was to provide certainty for Internet service organizations on the liability exposure they may have for acts of third parties on their Internet sites. Given that many Canadian Internet web sites do receive U.S. visitors and many also utilize a DMCA [...]