Jason Markwell practises intellectual property law as a barrister and solicitor.
He has particular experience with issues affecting the pharmaceutical industry, including the Patented Medicines (Notice of Compliance) Regulations, infringement actions, data protection,drug approvals, pricing and reimbursement, advertising, biologics, personalized medicines, patent opinions and IP strategies. He also has experience in cases involving financial institutions, telecommunications and technology. Mr. Markwell has appeared as counsel before the Supreme Court of Canada, the Federal Court of Appeal, the Federal Court, the Ontario Superior Court and a number of administrative tribunals.
Year of call
LL.B., Osgoode Hall Law School, 1997
B.Sc.(Hons.), Queen's University, 1994
Selected client work
- Counsel to Merck Frosst in connection with its successful appeal of the first trial decision under Section 8 of the Patented Medicines (Notice of Compliance) Regulations
- “Promise of the Patent - Utility Requirements in Canada,” 5th International Property Rights Conference, Global IP Convention 2013, Bangalore, India, January 27, 2013.
- “Panel Discussion: International Harmonization - Common Standards Yet Divergent Results,” Comparative Intellectual Property Law Symposium - Utility Requirements: Converging and Diverging Approaches, Joint Symposium of AIPLA/IPIC/FICPI, Ottawa, April 4, 2012.
- “What’s New with the PM(NOC) Regulations and PMPRB,” The Canadian Institute’s 10th Annual Forum on Pharma Patents, Toronto, October 25, 2011.
- “Cutting Edge IP Mediation,” Intellectual Property Institute of Canada Webinar, December 10, 2010.
- “Intellectual Property and Regulatory Law in the Pharmaceutical Industry: A Year in Review” (with Jill Daley), Canadian Association of Professional Regulatory Affairs, Toronto, June 1, 2010.
- “Direct to Consumer Advertising and Drug Interchangeability/Reimbursement” (with David Badurina/Kristin Wall), Regulatory Affairs for Industry Program, Humber College, March 2010 and March 2009.
- “Intellectual Property Law and the Pharmaceutical Industry - Focus on Patents,” DeGroote School of Business, McMaster University, January 2010 and January 2009.
- “Pharma Patents - The Fundamentals of Pharma Patent Law In Canada,” The Canadian Institute, October 29, 2009.
- “Data Protection - A Legal Perspective,” Joint presentation of Ogilvy Renault and CanReg to the innovative pharmaceutical industry, October 27, 2009.
- “Patents, Data Protection and Subsequent Entry Biologics,” Canadian Association of Professional Regulatory Affairs, Toronto, June 2, 2009.
Rankings and recognitions
- Benchmark Canada, 2012-2013 - recognized as a future litigation star in Ontario
- IAM Patent 1000 - World’s Leading Patent Practitioners, 2012
- Chambers Global: The World’s Leading Lawyers for Business, 2011, 2012: Intellectual Property: Litigation
- IAM 250 - World’s Leading Patent Litigators
Memberships and activities
- Canadian Bar Association
- Law Society of Upper Canada
- The Advocates’ Society
- Intellectual Property Institute of Canada
- International Association for the Protection of Intellectual Property (AIPPI)
- Chair, AIPPI Canada — Litigation Committee