Hilal El Ayoubi

Lawyer / Trademark Agent / Head of Legal Department

Hilal is a lawyer specializing in intellectual property law. He represents his clients before all the courts of first instance and appeal, in the context of disputes relating to patents, trademarks, copyright, industrial design, in matters of unfair competition and in entertainment law.

His experience spans a wide range of industries including pharmaceuticals and life sciences, information technology, mechanics, chemical and electrical. Hilal holds a B.Sc (physiology) which is an undeniable advantage, allowing him to grasp technical and complex issues, while having a strategic approach that takes into account the business reality of his clients.

He also acts as counsel in commercial transactions with a significant IP component: technology transfer, distribution, research and development agreements (software, clinical research, etc.), SAAS, artificial intelligence (IA) as well as joint-venture agreements.

Hilal is also a trademark agent and manages international trademark portfolios. He brings his litigation skills to trademark opposition proceedings.

After having practiced for 12 years in an international firm, including three years as a partner, Me El Ayoubi founded a firm specializing in the field of intellectual property.

He joined the firm Benoît & Côté in 2021 as Partner, Head of the Legal Department.

 

Client work:

 

Gray Manufacturing Ltd v. Services de Freins Montréal Inc.;

Represented Services de Freins Montréal before the Federal Court in defense to action for patent infringement in the field of electronic and mechanical engineering.

 

Worthware International inc. v. Raysoft Inc.;

Represents Raysoft before the Federal Court in a patent litigation matter related to software.

 

Carré Technologie c. OM Signal

Represented OM Signal against Carré Technologie in an action for patent infringement related to intelligent garment.

 

Bell Canada Inc. et al. v. Adam Lackman

Represented Adam Lackman as defendant in copyright infringement and Anton Pillar proceedings concerning the operation of a website related to Kodi add-ons.

 

Apotex Inc. v. H. Lundbeck A/S;

Acted as counsel for H. Lundbeck in an impeachment action filed by Apotex against Lundbeck’s patent on Escitalopram.

 

Duchesnay v. Pharmascience;

Represented Duchesnay in PMNOC proceedings related the drug Diclectin®.

 

Duchesnay v. Teva

Represented Duchesnay in PMNOC proceedings related the drug Diclectin®.

 

Apotex Inc. v. Lundbeck Canada Inc.;

Represented Lundbeck Canada in an action taken by Apotex pursuant to section 8 of the PMNOC for damages following proceedings related to the drug citalopram.

 

Lundbeck Canada Inc. v. Genpharm Inc et al.;  Lundbeck Canada Inc. v. Cobalt Inc et al; Lundbeck Canada Inc. v. Apotex Inc et al;

Represented H. Lundbeck in proceedings under the Patented medicines regulation (PMNOC proceedings) to prevent the issuance of a notice of compliance by Health Canada in favor of the defendants a generic version of the drug Escitalopram.

 

Axxian Technologies v. Stationnement de Montréal; 

Acted for Stationnement de Montréal in patent infringement action related to electronic parking bollard system.

 

Transtex Composite Inc. v. Tycorra Investment et Ridge Corporation

Acted for Stationnement de Montréal in patent infringement action related to electronic parking bollard system.

 

Danone c. Aliments Ultima

Acted for Aliments Ultima (then holder of a license on the YOPLAIT trade-mark) in a passing off and unfair competition action filed by Danone.

 

Le Château c. Suzy Shier

Acted for Le Château in injunction proceedings related to copyrights infringement and unfair competition in the fashion industry.

 

Bixi®

Acted as counsel for the Public Bike System Company in numerous agreements with partners around the world for transferring the technology related to its bicycle sharing system, including the creation of joint-ventures.

EDUCATION

  • Quebec Bar (2003)
  • LL.B., Université de Montréal (2001)
  • B.Sc., Physiology, McGill University (1996)

EXPERTISE

  • Trademark Agent, Canada (2005)
  • Specialties: Pharma/biotech law and IT law

MEMBERSHIPS

  • IPIC (Intellectual Property Institute of Canada)
  • Canadian Bar Association
  • Licensing Executive Society

PROFESSIONAL ACTIVITIES

  • Member of the Editorial Committee and Board of Directors, Cahiers de Propriété Intellectuelle
  • Author: Le caractère inventif d’une invention, Jurisclasseur Québec, Propriété Intellectuelle
  • Board of Directors, DanseCité