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
Phone403.298.3650

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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
http://www.bennettjones.com/KratzMartin/
 
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
 
Biography

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.

Experience
•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.

Recognition
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
2014, Corporate LiveWire - Lawyer of the Year
Martin P.J. Kratz , winner, Cyber Security, Calgary, Alberta, Canada

Publications
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.

Blog Post
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 Author informationMartin KratzLeading Canadian Intellectual Property and Technology Lawyer at Bennett Jones LLPMartin Kratz leads the intellectual property practice for Bennett Jones. His practice is focused around 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.
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 Author informationMartin KratzLeading Canadian Intellectual Property and Technology Lawyer at Bennett Jones LLPMartin Kratz leads the intellectual property practice for Bennett Jones. His practice is focused around 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.
Inconsistency in Canada's Anti-Spam Law - When is “Java Scripts” not “JavaScript”?

November 12, 2014
By Martin P.J. Kratz, QC, Sebastien A. Gittens, and Graeme S. Harrison Canada's anti-spam law (CASL) is complex and ambiguous, and can result in substantial liability (e.g., a maximum $1,000,000 fine for individuals and $10,000,000 for organizations). Accordingly, many organizations have struggled to find a path to compliance under the law. The software related prohibitions Author informationMartin KratzLeading Canadian Intellectual Property and Technology Lawyer at Bennett Jones LLPMartin Kratz leads the intellectual property practice for Bennett Jones. His practice is focused around 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.

 
ISLN905745617
 

Documents by this lawyer on Martindale.com

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Norwich Orders and Copyright Trolls
Martin P.J. Kratz, March 18, 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...

Defining Copyright Infringement
Martin P.J. Kratz, January 9, 2014
The Supreme Court recently addressed the approach to assessment of copyright infringement in the case of Cinar Corporation v Robinson, 2013 SCC 73, and thereby provided some important guidance to courts facing similar difficult determinations.


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Office Information

Martin P.J. Kratz Q.C.

855-2nd Street S.W.
CalgaryAB T2P 4K7
 

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