Chandimal Nicholas (he/him/his) is a partner in the Intellectual Property Group at Cassels, and is also a Registered Trademark Agent. Chandimal assists clients in all areas of intellectual property law with a focus on patents and trademarks. Chandimal also assists and advises clients with regulatory issues in the cannabis, food, alcohol, pharmaceutical, medical device, cosmetic and natural health products industries.
Chandimal has extensive experience in Intellectual Property litigation. He has appeared and advocated for clients before the Federal Court, Federal Court of Appeal, Ontario Superior Court and Ontario Court of Appeal. He also regularly provides guidance to clients and drafts opinions on patent and trademark issues, namely relating to infringement, validity, patentability/registrability, enforcement and freedom to operate. Chandimal also has experience advising clients with issues relating to protection of copyright (mostly in the context of software), confidential information, trade secrets and domain names (including acquisition, transfers and enforcement). He has also provided his expertise to assist in the completion of corporate transactions by advising on intellectual property and regulatory issues.
Chandimal has guided clients through a variety of regulatory requirements of the cannabis, food, alcohol, pharmaceutical, medical device, cosmetic and natural health products industries. He regularly provides opinions regarding requirements for licensing, safety standards, WHMIS protocols, labeling form and content and packaging. He has also consulted and communicated with the regulators on behalf of clients in order to provide better guidance and, when necessary, to advocate for a client’s position to the regulators. Chandimal has also provided his regulatory expertise to clients involved in numerous commercial transactions involving both private and public companies in the cannabis, pharmaceutical, medical device and food industries.
Chandimal’s intellectual property experience includes representing:
- Several major pharmaceutical companies in pharmaceutical patent litigation
- A major bio-technology companies in patent infringement and impeachment actions
- Coca-Cola in trademark prosecution, litigation and oppositions
- A major Canadian retailer in trademark and industrial design litigation
- Numerous consumer goods producers in trademark prosecution, patent litigation, trademark litigation, trademark oppositions and industrial design litigation
Chandimal’s regulatory experience includes:
- Representing Coca-Cola on all regulatory matters including specific projects introducing novel dairy products and new alcoholic products into Canada
- Advising other food-producing clients on CFIA and Health Canada related matters
- Advising a variety of clients selling health-related products on compliance and licensing issues with Health Canada
- Advising cannabis and psychedelic companies on Health Canada regulatory compliance matters
- Advising numerous clients selling consumer products on packaging and labeling compliance