Martin P.J. Kratz Q.C.: Lawyer with Bennett Jones LLP

Martin P.J. Kratz Q.C.

Partner, Trademark Agent, Head of Intellectual Property
Calgary,  AB  Canada

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Practice Areas

  • Anti Spam Law
  • Corporate Commercial Law
  • Intellectual Property Law
  • Intellectual Property Litigation
  • Mergers & Acquisitions
  • Payment Solutions
  • Privacy
  • Private Equity
  • Procurement & Outsourcing
  • Regulatory
  • Technology Law
  • Biotech
  • Pharma & Lifesciences
  • Defence & Security
  • IT & Business Services
  • Leisure
  • Manufacturing
  • Technology
  • Media & Entertainment
  • Telecommunications
Contact InfoTelephone: 403.298.3650
Fax: 403.265.7219
University University of Alberta, B.Sc., 1981
Law SchoolUniversity of Alberta, J.D., 1984; Universitat Heidelberg, Germany, German Civil Law, 1986
Admitted2014, British Columbia; 1985, Alberta

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 amoung 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.

•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

Using Intellectual Property to Facilitate Clean Tech Commercialization

April 18-20, 2015 Martin Kratz presents, Using Intellectual Property to Facilitate Clean Tech Commercialization, 2nd Annual International Conference of Emerging Industry-2015, Shenzhen, China.

Intellectual Property Challenges in the Digital Era in the 21st Century

March 26-28, 2015 Martin Kratz is co-instructor of Intellectual Property Challenges in the Digital Era in the 21st Century course at Osgoode Hall Law School, Intellectual Property LLM Program, Toronto.

THECIS Calgary Breakfast December 2014

December 04, 2014 Martin Kratz presents on Canada's Anti-Spam Law and how it affects software companies at the THECIS Calgary Breakfast, hosted at ARTC, 3553 31 Street NW.


2014, Corporate LiveWire - Lawyer of the Year

Martin P.J. Kratz, winner in the category of Cyber Security - Calgary, Alberta, Canada

2014, Financier Worldwide Magazine

Martin P.J. Kratz, recognized as a leading lawyer in the Corporate Advisor Handbook: Intellectual Property 2014

2014, Lexpert/Report on Business Special Edition - Canada's Leading Energy Lawyers

Martin P.J. Kratz, recognized as a leading energy lawyer in Canada


Data Hosting and Data Breaches

December 2014 There are many reasons why cloud computing gets used, but a main reason is often due to the cost savings of the utility model for service delivery. In an age of increasing data breaches, users should confirm that they comply with their data protection obligations and have a plan in place to mitigate the harm that can be done in the event of a data breach. Published in Cloud Computing, a supplement of the Toronto Star.

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.

Blog Post

Updating IT and BYOD Policies to Reflect CASL Software Notification Requirements

November 24, 2014 By Martin P.J. Kratz, QC, and Ravi K. Parhar On January 15, 2015, the software provisions in Canada's Anti-Spam Legislation (CASL) will come into force, creating significant prohibitions and requiring consent to, among other things, install software, change device settings, collect personal information and update existing software. In a corporate environment, bring-your-own-device (BYOD) policies and [...]

Who is the Inventor?

November 17, 2014 By Martin P.J. Kratz, QC Enthusiastic entrepreneurs consult with patent agents about the protection of their new product. Often a successful team for an entrepreneurial business includes someone with technical skills, someone with marketing skills, someone providing business direction as well, of course, with one or more persons providing financial backing. Often all want to [...]

CRTC Provides Guidance on CASL Software Provisions - But Some Uncertainty Remains

November 12, 2014 By Martin P.J. Kratz, QC, Sebastien A. Gittens, and Graeme S. Harrison From November 10 to 12, 2014, the CRTC provided its interpretation of the software provisions in Canada's anti-spam law (CASL) in several presentations to industry. The CRTC also posted a specific FAQ about their interpretation on their website (CASL Requirements for Installing Computer [...]


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CASL Software Provisions now in Force
J. Sébastien A. Gittens,Graeme S. Harrison,Martin P.J. Kratz, January 28, 2015
The provisions of Canada’s Anti-Spam Law (CASL) that regulate the installation of software came into force today, January 15, 2015. These provisions create new compliance burdens for businesses that create, distribute or use computer programs and software in the course of business (i.e., most...

CRTC Provides Guidance on CASL Software Provisions - But Some Uncertainty Remains
J. Sébastien A. Gittens,Graeme S. Harrison,Martin P.J. Kratz, January 20, 2015
From November 10 to 12, 2014, the CRTC provided its interpretation of the software provisions in Canada’s anti-spam law (CASL) in several presentations to industry. The CRTC also posted a specific FAQ about their interpretation on their website (CASL Requirements for Installing Computer...

Canada’s Anti-Spam Legislation: An Advantage for Cloud Computing?
Arnold Fridhandler,Martin P.J. Kratz, January 20, 2015
The communications provisions of Canada’s Anti-Spam Legislation (CASL) came into force on July 1, 2014. Generally speaking, CASL prohibits a person from sending a “commercial electronic message” without the consent of the recipient.

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Office Information

Martin P.J. Kratz Q.C.

855-2nd Street S.W.
CalgaryAB T2P 4K7

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