Canada’s Intellectual Property Firm

Jean-Sébastien Dupont

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Jean-Sébastien Dupont

Principal
  • Smart & Biggar LLP
Language(s): English | French

A business-minded approach to intellectual property litigation

An accomplished IP litigator and leader of the Firm's Litigation Group, Jean-Sébastien is committed to providing legal solutions and achieving results that fit with clients’ short- and long-term business plans. Clients rely on him to present potential options and to provide decisive guidance on the best course of action. 

Never one to compromise on quality, he is diligent in preparing and advocating for clients in court, while anticipating issues and challenges that may arise from the opposing side. Focusing on intellectual property litigation in the areas of patents, copyright and trademarks, Jean-Sébastien is involved in all aspects of litigation from preparing and initiating new court proceedings to bringing complex cases to trial. Earning trust is key to Jean-Sébastien’s effectiveness, enabling him to act on behalf of his clients in a timely and strategic manner.

Diverse trial and appellate expertise for a broad range of clients

His practice includes finding and working with technical and financial experts; preparing and arguing various motions; as well as preparing and presenting evidence, witnesses and submissions at trial before the Federal Court and Superior Court of Québec. Jean-Sébastien also has significant experience in the conduct of appeals before the Federal Court of Appeal and Court of Appeal of Québec.

His client activities involve small to large Canadian and foreign corporations in different fields such as media (Québecor, Rogers Media, Bell Media), advanced materials (Tekna), tobacco (Imperial Tobacco Canada), hockey equipment and apparel (Bauer Hockey), transport (Canadian National Railway, Air Canada) and construction (Lainco).

Jean-Sébastien's technical background is in computer science. He completed a three-year CEGEP program as first in his class and subsequently worked as a quality assurance analyst in a software engineering firm before pursuing legal studies. In 2008, Jean-Sébastien completed introductory courses in Chinese law at the China University of Political Science and Law in Beijing.

He received numerous awards and accolades from the Université de Montréal during the course of his legal studies. In his final year of law school, Jean-Sébastien acted as a research assistant to a Justice of the Court of Appeal of Québec.

He was awarded a First-Class grade from the University of Cambridge for his Master of Law thesis, which focused on the notion of trademark use and addressed the issue of invisible use of trademarks in meta tags and keyword advertising, as well as the subliminal use of trademarks in new marketing techniques.

Qualifications

  • News
  • Speaking
  • Industry Involvement
  • In the Media
  • "Protecting Confidential Information – the Interplay between Implied Undertaking, Protective Orders/Agreements, and the Open Court Principle", panellist, Intellectual Property Institute of Canada (IPIC), June 27, 2023
  • “Patent Law debate: Be it resolved that inventive concept has a place in Canadian patent law”, speaker, The IPIC annual conference, October 14-15, 2021
  • The 13th annual Harold G. Fox IP Moot, panellist, virtual, February 19-20, 2021
  • "Une conversation avec les leaders juridiques de demain: Que signifie être un avocat efficace en 2021?", panellist, A conversation with tomorrow's legal leaders:  What does it mean to be an effective lawyer in 2021?", Canadian Lawyer Young Lawyers Summit, virtual conference, November 24, 2020
  • "Le double brevet : Quand un vaut mieux que deux tu l’auras" (with Julien Verneau), Recent Developments in Intellectual Property Law and Entertainment Law, Quebec Bar, Montréal, November 15, 2019
  • "Contrefaçon de marques de commerce et recouvrement de dommages-intérêts ou de profits : à qui le choix?," Regroupement des Praticiens du droit des Marques de commerce (RPM), Montréal, March 25, 2015
  • "Internet : les marques de commerce sans frontières," Développements récents de propriété intellectuelle, Barreau du Québec, Montréal, November 14, 2014

Memberships

  • Associate, Intellectual Property Institute of Canada
  • Member, Canadian Bar Association
  • Member, Association du jeune Barreau de Montréal

Teaching Activities

  • Guest lecturer at the Université de Montréal for the Torts graduate course (DRT-6567) re: passing-off, November 2014; October 2015 and November 2016