Expertise
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Practice Areas:
- Bar Admissions:
- Education:
- University of Toronto Faculty of Law (2004) JD (Dean's Honours List and Awarded Dean's Key)
- University of Sheffield, School of Law (2001) Master of Arts in Biotechnological Law and Ethics with Distinction; Special Commendation for Outstanding Performance
- Queen's University (2000) Bachelors of Science in Biochemistry (First Class Degree; Arts and Science Honour Roll)
Details
- Bio
- Cases
- Associations
- Blog Posts
- News & Media
- Publications & Presentations
- Recognition
Sana Halwani (she/her)
is a partner at Lenczner Slaght.
"A tenacious litigator. Highly respected by the judiciary, she lets her legal, technical and advocacy skills speak for themselves." — IAM Patent 1000
Sana co-leads the firm’s Intellectual Property group. An IP litigator, registered Canadian and US patent agent, and registered trademark agent, she handles patent, copyright, trademark, and trade secret disputes. Sana is ranked Band 1 for Intellectual Property: Litigation (Nationwide – Canada) by Chambers Canada 2027. She was also the inaugural recipient of the Ontario Bar Association IT & IP Law Section’s Luminary Award in 2026.
A biochemist by background, Sana is as comfortable cross-examining an expert on a chemical synthesis as she is analyzing source code, and she advises clients from the earliest pre-litigation strategy through trial and appeal.
Sana is at the forefront of AI and copyright litigation in Canada, acting for media organizations in several AI copyright actions. With Monique Jilesen, she leads the team representing Canada’s major news publishers in Toronto Star Newspapers Ltd v OpenAI Inc, the first lawsuit of its kind in Canada. In 2025, the team defeated OpenAI’s jurisdictional challenge.
Her patent practice spans pharmaceuticals and biologics, including PM(NOC) proceedings, as well as information technology, fintech, telecommunications, and oil and gas. She takes these cases to trial and was lead counsel in Rovi v Videotron, the Federal Court’s first virtual trial.
In trademark matters, Sana acts for both brand owners and defendants involving confusion and distinctiveness from infringement, passing-off actions, and domain name disputes to Trademarks Opposition Board appeals, Federal Court of Appeal proceedings, and leave applications to the Supreme Court of Canada. She also partners with trademark prosecution firms, acting as litigation counsel when their clients’ matters go to court.
Sana appears at all levels of the Ontario and Federal courts, including the Supreme Court of Canada. She has acted pro hac vice in patent actions in the United States, and has extensive experience on international teams litigating large cross-border disputes.
The Minister of Justice designated Sana as the IP Law representative on the Federal Courts Rules Committee. She is a Fellow and former Director of the Intellectual Property Institute of Canada (IPIC) and has taught trial advocacy as an adjunct professor at the University of Toronto Faculty of Law. She is also recognized by IAM Patent 1000 and Managing IP’s IP STARS, including its Top 250 Women in IP. Beyond her practice, she is Director and Secretary of the Writers’ Trust of Canada and Senior Chair of the University of Toronto Academic Tribunal.
Sana chairs the firm’s Inclusion, Diversity, Equity, and Accessibility (IDEA) Committee and is co-founder of ReferToHer®, a program that helps keep women top of mind for referrals.
Sana clerked for Justice Rosalie Abella of the Supreme Court of Canada.
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Canadian News Media Companies v Anthropic
Counsel to several of Canada’s leading news media organizations in an action against Anthropic for breach of copyright and breach of online terms of use, for ingesting large swaths of content from Canadian media to help develop and operate its artificial intelligence products, including Claude.
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Counsel to Nucro Technics Inc., a contract research organization, in bringing an application before the Ontario Superior Court of Justice challenging the constitutionality of amendments to the Animals for Research Act enacted by the Keeping Criminals Behind Bars Act.
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Counsel to Musi Inc, in an action commenced by the Plaintiffs, Capitol Records, LLC and various other record label companies, alleging copyright infringement of sound recordings and circumvention of technological protection measures (TPMs) under the Canadian Copyright Act in relation to the Musi software app, which is an organizational tool for videos streamed by YouTube.
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Counsel to Janssen in bringing a patent infringement action against biosimilar manufacturer, Alvotech, and its Canadian distribution partner, JAMP, in relation to Upgolyv, their biosimilar of SIMPONI, a human monoclonal antibody used as an immunosuppressive medication for conditions such as rheumatoid arthritis and ulcerative colitis.
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Counsel to VerticalScope Inc., a publicly traded technology company with a portfolio of more than 1,200 websites, over 2.3 billion posts of content, and 90 million monthly active users, in an action against OpenAI for misappropriating its proprietary content.
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IC Magic Inc v ShakeSemicon GmbH
Counsel to IC Magic Inc, an Ontario-based semiconductor and RFID technology company, in bringing an application in a cross-border intellectual property dispute arising from a failed acquisition. The application seeks declarations of sole copyright ownership, a permanent injunction, delivery-up, restoration of access, and damages.
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Thrive Career Wellness Inc. v Serco Canada Inc. and Escases, Inc
Counsel to Escases, Inc., a Canadian technology company, in defending commercial litigation arising from the Ontario government’s Employment Services Transformation initiative. The claim alleges conspiracy, breach of the duty of good faith, breach of confidence, and unjust enrichment.
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Canadian News Media Companies v OpenAI (Jurisdiction Motion)
Counsel to Canada's leading news media organizations in successfully defending against a jurisdiction motion brought by OpenAI in this complex commercial and intellectual property litigation, which sought to stay or dismiss claims of copyright infringement breach of contract and unjust enrichment on the basis that the Ontario court lacked jurisdiction. The Ontario Superior Court of Justice (Commercial List) confirmed jurisdiction over OpenAI Inc. and related entities in this AI and technology dispute, allowing our clients' claims to proceed. Read the decision here.
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Solucore Inc v KJA Consultants Inc
Counsel to Solucore, a leading Canadian engineering company, in a patent infringement action involving vertical transport technology, including elevators, escalators, and lifts.
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Motion Picture Association Canada v Canada Association of Broadcasters
Counsel to Music Canada in a motion seeking leave to intervene before the Federal Court of Appeal in consolidated appeals and judicial reviews of a CRTC order.
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Federal Courts Rules Committee - Designated by the Minister of Justice as the IP Law representative (2022-present)
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Intellectual Property Institute of Canada - Fellow; Member of the Litigation Committee; Former Member of Intervention Committee; Former Co-Chair of the Women in IP Networking Group (WING); Former Member of Conference Committee; Member of the IPIC Council (2019-2021); Chair of the Litigation Committee (2018-2021)
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Writers' Trust of Canada - Board of Directors, Secretary, EDI Committee and Governance Committee (2020-present)
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The Mabin School - Board of Directors, Governance, and Strategy & Equity Committees (2022-present)
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University of Toronto - Academic Tribunal, Senior Chair (2013-present)
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University of Toronto Alumni Association - Board of Directors – President (2016-2025)
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Governing Council, University of Toronto - College of Electors (2015-2019)
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University of Toronto Faculty of Law - Adjunct Professor, Trial Advocacy (2010-2019)
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Advisory Committee on Prothonotary Appointments - Bar Representative (September 2017-2020)
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Federal Court IP Users Committee - Member (2018-2024)
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Harold G. Fox Moot in Intellectual Property - Judge (2011-present)
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Chiefs in Intellectual Property - Toronto Chapter
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University of Toronto - Law Alumni Association (2010-2018)
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Rouge Valley Health System - Research Ethics Board (2014-2017)
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The Advocates' Society
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Canadian Bar Association - Ontario
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Ontario Bar Association
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International Bar Association
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American Bar Association - Intellectual Property Law Section
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Counsel Held the Pen, but the Expert Owned the Opinions: Federal Court Reinstates Its Ruling
The recent Federal Court decision in dTechs EPM Ltd v British Columbia Hydro and Power Authority is the latest instalment in a long-running dispute over Canadian Patent No 2,549,087 (the 087 Patent). We previously commented on the Federal Court of Appeal’s (FCA) decision that addressed the independence of expert witnesses in patent cases.
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When an AI Agent Shops, Who Is the Consumer?
Retailers spent two decades learning how to be found by Google, but the next audience might not be a person typing a query; instead, it could be software acting on a person’s behalf. Agentic commerce tools (AI “agents” that browse, compare, and increasingly transact for users) are quickly moving from demonstrations to products. When an agent does the shopping, the person who dispatched it may never see the listing it selects, the webpage it reads, or the source code behind either.
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Status Quo, With a Twist: The SCC Reaffirms, and Reframes, the Medical Method Exclusion
The most hotly anticipated IP decision in 2026 has arrived. The Supreme Court of Canada (SCC) released its decision in Pharmascience v Janssen on July 17, 2026, and it is now the latest SCC authority on patentable subject matter and the leading authority on whether methods of medical treatment are patentable in Canada. This marks the Supreme Court’s first substantive patent decision in nine years.
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Spotless Testimony: Another Cycle of the Gemak Detergent Dispute Fails to Get Out the Stains
Patent trials are rarely just about the hard science of an underlying claim. They are human dramas with two competing storylines, where the Court must decide not only what the science shows, but whether the people explaining that science can be trusted.
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“Non”: Federal Court Refuses a $68.9 Million Translation Bill
Imagine inheriting a library of 6,000 old court decisions – handwritten, typed, and printed over nearly a century – and being told you owe up to $68.9 million to translate them because you scanned them and put them on a website. That was the argument before the Federal Court in Droits collectifs Québec v Office of the Registrar of the Supreme Court of Canada. The Court was not convinced.
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AI Writes Your Code. The Law Might Not Protect It.
On March 31, 2026, Anthropic inadvertently disseminated the source code for Claude Code, its AI-powered coding platform. Claude Code is an autonomous development tool that reads, edits, and manages codebases through natural language commands. Third parties republished the source code at various online locations. Anthropic responded by sending DMCA copyright infringement notices to the sites hosting the code without permission.
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Two Steps Forward: CIPO Resets on Non-Patentable Subject Matter
On March 24, 2026, the Canadian Intellectual Property Office (CIPO) released a new practice notice on patentable subject matter under the Patent Act (the March 2026 Practice Notice), together with updated examples illustrating its application. The March 2026 Practice Notice replaces the 2020 Practice Notice, which we have previously commented on at length.
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Password Reset Required! The Federal Court of Appeal Weighs in on TPMs
Savvy content creators and copyright owners often use technological protection measures (TPMs) to restrict what users can do with their works (often digital materials). The prohibition against circumventing TPMs is rooted in sections 41 and 41.1 the Copyright Act, but the interpretation of those provisions and how they fit within the broader Copyright Act is the subject of ongoing debate.
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Dusome v Canada (Attorney General) (“Dusome”) is the latest successful appeal from a decision of the Commissioner of Patents refusing a patent application on the basis of non-patentable subject matter.
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Canadian Courts Have Jurisdiction to Address Misappropriation by AI Companies
In Toronto Star Newspapers Limited v OpenAI Inc, the Ontario Superior Court delivered a significant ruling on the jurisdiction of Ontario (and Canadian) courts to determine disputes relating to the misappropriation of content by artificial intelligence (AI) companies.
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Chambers Canada Highlights Lenczner Slaght as a Litigation Powerhouse
With 28 ranked lawyers and top-tier practice group rankings across 11 areas, Lenczner Slaght’s latest Chambers Canada results continue to reinforce that its reputation as Canada’s leading litigation firm is built on decades of courtroom excellence, national reach, and top-tier client service.
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49 Lenczner Slaght Litigators Named in Best Lawyers in Canada 2027
In the 2027 edition of Best Lawyers in Canada, 49 of our expert litigators earned 172 rankings across 26 practice areas, a testament to the depth and breadth of our advocacy.
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Lenczner Slaght Litigators Recognized Among the World’s Leading IP Practitioners
Lenczner Slaght continues to earn recognition as a top firm for patent litigation in the 2026 edition of Managing Intellectual Property’s IP STARS Handbook, with notable recognition in copyright and trademark disputes. The guide also highlights five of the firm’s expert litigators among the world’s foremost IP practitioners.
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Artificial Intelligence Reshapes Deals, Risk, and Disputes in Canada
Sana Halwani was featured in an article by Lexpert on how AI is becoming central to legal analysis, driving new issues in dealmaking, cybersecurity, and valuation. Sana comments on the lawsuits involving the alleged scraping of copyrighted content, indicating that the disputes currently before the courts are likely only the beginning, with additional claims expected as legal challenges related to AI continue to develop.
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Terms of Service and Negligence Claims, Third-Party Liability: Litigators Talk AI Litigation
Sana Halwani was interviewed by Lexpert on the evolving AI litigation landscape in Canada. Sana noted that Canada remains at the leading edge of AI-related cases and expects to see more copyright infringement lawsuits in the years ahead, with alleged terms of use violations likely to feature in many, if not all, of those cases.
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IAM Patent 1000 Highlights Lenczner Slaght’s Depth of IP Expertise and Trial Excellence
Lenczner Slaght continues to be recognized for its patent litigation expertise in the 2026 edition of IAM Patent 1000: The World's Leading Patent Professionals.
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In an interview with Law Times, Sana Halwani commented on VerticalScope’s legal action against OpenAI for scraping content from its 1,200+ online communities to train generative AI models, infringing its copyright and violating its terms of use. Sana emphasized that VerticalScope’s forums contain uniquely valuable, human-generated content that has been vetted and refined by large communities of users, making it especially useful for training large language models.
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Lenczner Slaght Celebrates 25 Years on the Lexpert Bull’s-Eye
The 2026 Canadian Legal Lexpert Directory continues to recognize Lenczner Slaght as the #1 firm in Toronto for Litigation and Commercial Litigation.
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Sana Halwani Receives Inaugural OBA Luminary Award
We are proud to announce that Sana Halwani will be the inaugural recipient of the 2026 Luminary Award for the OBA Information Technology & Intellectual Property Law Section. The award will be presented at the OBA IT/IP Fireside Chat Program on April 28, 2026.
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Lenczner Slaght Recognized in World-Renowned Directory, Chambers Global
For the 24th consecutive year, Canada’s leading litigation firm and its expert litigators have been recognized in world-renowned directory, Chambers Global.
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Speaking with Confidence: Essential Communication Skills for IP Professionals
Sana Halwani will share her expertise at the Intellectual Property Institute of Canada (IPIC)’s Webinar Series on the panel, Speaking with Confidence: Essential Communication Skills for IP Professionals.
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Legal Values: Litigating IP Cases
Sana Halwani was invited to speak as a guest lecturer at Osgoode Hall Law School on the topic of Copyright and AI in the course Legal Values: Litigating IP Cases. The seminar surveys intellectual property litigation in Canada, with a focus on the Federal Courts, and gives students hands-on experience with every stage of a case, from drafting pleadings and briefing witnesses to judgment writing.
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Infringement and Defences to Infringement
Sana Halwani was invited to present at the 2026 Copyright Master Class, hosted by McGill University in partnership with the Intellectual Property Institute of Canada (IPIC). In her session, Infringement and Defences to Infringement, Sana covered topics including unconscious and indirect copying, the meaning of “substantial part,” and the general principles of fair dealing.
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47th Annual Intensive Trial Advocacy Workshop (ITAW)
Lawrence Thacker, Risa Kirshblum, Monique Jilesen, Sana Halwani, Brendan F. Morrison, and Jonathan Chen participated as instructors at the 47th Annual Intensive Trial Advocacy Workshop (ITAW), hosted by Osgoode Professional Development. This program gathered over 100 experts in advocacy skills training and guest speakers who are active members of the Bench and Bar. Attendees had the opportunity to develop and refine their advocacy skills.
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Sana Halwani was invited to share her insights at Practising Law Institute's program titled, AI and Copyright Laws in Canada and the U.S. Sana discussed the cross-border legal landscape governing AI training and outputs across fair use and fair dealing, licensing frameworks, and the role of economic evidence in calculating damages.
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AI for Litigators: The State of Play and What's Ahead
Sana Halwani was invited to present at The Advocates' Society's program titled, Artificial Intelligence for Litigators: The State of Play and What's Ahead. Sana shared best practices for adapting to the rise of generative and agentic AI, including key use cases, policy considerations, courtroom developments, and the impact of AI on mentorship, training, and litigation practice.
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Intellectual Property Disputes: Resolutions & Remedies
Jordana Sanft and Sana Halwani co-authored the chapter “Appeals” in Intellectual Property Disputes: Resolutions & Remedies, published by Thomson Reuters. The publication is a comprehensive and authoritative reference on intellectual property disputes and remedies in Canada.
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The 18th Annual Harold G. Fox IP Moot
Sana Halwani and Corey McClary served as judges at the annual Harold G. Fox IP Moot.
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2025 Snapshot: Through the Lens of Lenczner Slaght
We’ve released our 2025 Snapshot, highlighting the most significant developments, decisions, and trends in litigation from the past year across 21 practice areas. Reflect on 2025 and look ahead to 2026 through the lens of our expert litigators.
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Spotting Intellectual Property and AI Legal Risks in Your Business
Sana Halwani was invited to speak at The Forum’s AI Skills Exchange, where she led a session titled IP 101: Spotting Intellectual Property and AI Legal Risks in Your Business. Sana gave a practical overview of the types of intellectual property relevant to businesses, how to identify potential IP risks, and the specific legal risks that come with using AI tools in day-to-day operations.
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Chambers Global (2019-2026)
Intellectual Property: Litigation (Canada)
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Chambers Canada (2019-2027)
Intellectual Property: Litigation (Nationwide – Canada)
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IAM Patent 1000 (2016-2026)
Patent Litigation: Recommended Individual (Gold)
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Canadian Legal Lexpert® Directory (2018-2026)
Intellectual Property (Most Frequently Recommended), Litigation - Intellectual Property (Most Frequently Recommended), Life Sciences & Health (Consistently Recommended), Litigation - Corporate Commercial (Repeatedly Recommended)
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Lexpert Guide to the Leading 500 Cross-Border Lawyers in Canada (2020-2026)
Intellectual Property; Intellectual Property Litigation
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Lexpert Special Edition: Canada's Leading Litigation Lawyers (2018-2025)
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Lexpert Special Edition: Canada's Leading Health Sciences Lawyers (2021-2026)
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Lexpert Special Edition: Canada's Leading Technology Lawyers (2020-2026)
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Lexpert Rising Stars (2018)
Leading Lawyers Under 40
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Managing Intellectual Property: IP STARS (2017-2026)
Patent Star – Canada, Trademark Star – Canada, Top 250 Women in IP
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