Richard de Almeida is a 3L JD Candidate at Osgoode Hall Law School. This article was written as a requirement for Prof. Pina D’Agostino’s IP Intensive Program.

This semester, as part of Osgoode’s Intellectual Property Law & Technology Intensive Program, I had the pleasure of participating in a 10-week internship at Teva Canada (“Teva”), a (mainly) generics pharmaceutical company, and it was the highlight of my tenure thus far at Osgoode.

Heading into the program, I had one main goal: to know what it’s like to truly practice law. Frankly, after two years in law school, I feel like I know the general schema of academically learning any new type of law. You start with the legislation, fill in the gaps with the caselaw, and get some secondary commentary to critique and make unique arguments around the current framework. Working at Teva has given me this experience of feeling like a real practicing lawyer and so much more.

Within minutes of working there, I was already growing in my legal development from being academically into practically trained as I learned about my supervisor’s door policy, to protect Teva’s confidentiality in all dealings. As obvious as it sounds in hindsight, his door policy really opened my eyes. In law school’s academic setting, we always learned the importance of confidentiality and the implications of failing that duty. But it was always presented as a mistake we’d make intentionally, or at least explicitly. I never realized how something as simple as a door policy can give life to these principles. It was the perfect microcosm to exemplify the difference between learning and practicing the law, which was exactly what I was looking for.

Throughout the term, I continued to have these realizations. In the patent law textbook, we learned about filing and expiry dates of patents in one chapter, and grounds for invalidity in another. In practice, these two are connected. Teva can never rely on a patent expiry date as another generic may be in litigation to invalidate that patent tomorrow, in which case Teva would be too behind to launch their own version of the medicine if they weren’t paying attention to the litigation within the industry. This integration of patent law concepts also demonstrated the interplay between business and the law as the legal department’s vigilance on these matters was crucial to business success.

This is where the learning experience truly took off. Not only did I learn what it meant to be a practising lawyer, but also what it meant to be an in-house counsel. If you’re someone who likes to juggle multiple tasks at a time, in-house counsel is the way to go as I saw my supervisor, Ben Gray, who is Vice-President and General Counsel of Teva, manage a multitude of tasks. From meetings with the Canadian Generics Pharmaceutical Association (CGPA), Teva’s industry association to discuss policy goals to ensure Teva and the generic industry’s future, to dealing with Health Canada policy changes implicating the importation of drug products, to understanding the litigation landscape, to managing internal conflicts such as human resource or product liability suits; the list and tasks to do are both endlessly engaging and vital to the entire business.

I also had the privilege of making contract amendments and drafting an entirely new contract through “Canadianizing” an American reference contract. I participated in a settlement negotiation. I attended a patent law Colloquium that Teva sponsors at University of Toronto. I also had the pleasure of speaking to and working with Teva’s External Counsel at firms like Osler and Aitken Klee whose expertise on PM(NOC) litigation was enriching.

Lastly what I most appreciated from the Intensive experience was the kindness and support from everyone at Teva. Sometimes playing catch-up can make you feel like you’re burdening the team, but everyone was willing to teach me with genuine excitement which was so precious to my experience. I am so grateful to everyone I worked with at Teva as well as Professor Pina D’Agostino and Ashley Moniz for providing and administrating this valuable and essential program. The skills I have developed over my internship will assuredly help me in my legal career and I will always be proud to say I was an Intensive alumnus.

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Richard De Almeida is an IP Innovation Clinic Fellow and a 3L JD candidate at Osgoode Hall Law School.

On Monday July 18, I attended the Bereskin & Parr Virtual Open House to learn about practising there and in intellectual property in general. On the panel was Ryan Baker, Director of Recruitment, Partners Wynnie Chan, Reshika Dhir, Ainslie Parsons and Associate Martin Brandsma.

The firm tour was extremely helpful in that they provided me with not only answers to help calibrate my own legal compass, such as what it’s like to work in intellectual property and B&P specifically, but advised me about navigating  the formal recruit process.

1) Legal Compass: What its like to work in IP and B&P

Ms. Dhir opened the tour discussing what precipitated her interest in IP law. She talked about a patent infringement dispute which arose during her work at a semi-conductor company and the rest was history. Ms. Parsons was less story-book-esque where she described how she didn’t see a path she could enjoy going forward after graduate studies in the sciences. She loved IP because it was different, but she could still communicate and combine science in her work. I really connected with this because I too still love science but was always more curious than niche graduate research would allow me to be.

Next the panel discussed a day-in-the-life as an IP professional. Their description fit exactly with what I hoped. I found Ms. Chan the most informative where she described handling upwards of 30 files a day and how every day varies with different sets of tasks.

The panel then discussed what it’s like to work at B&P in particular. Ms. Dhir and Ms. Chan spoke to the firm’s open-door policy and the safe and collaborative environment that facilitates that. Ms. Dhir also mentioned the healthy work-life balance the firm has with its lower-than-average billable targets. Mr. Baker also discussed the firm’s focus on equity and fairness as values that he believes ascends B&P into a worthwhile workplace.

Ms. Parsons testified to the firm’s excellence in career development from her experience starting as a student. Mr. Brandsma however, started at a large firm that didn’t emphasize IP and said the difference in IP skills at B&P was night and day. They discussed the seminars and training programs but also the community of like-minded, curious, and passionate people.

2) Legal Navigation: Steering through the Formal Recruit

The next part of the open house discussed how to navigate the formal recruit process. Ms. Chan addressed the preconception that IP lawyers need a science background, explaining that the knowledge plays a larger role in patents, but a majority of trademarks and copyright groups don’t have STEM degrees. As for demonstrating an interest in IP, they explained that students without STEM backgrounds merely need to establish a genuine interest in IP.

Next, they discussed what qualities B&P values most. After the pre-requisite of a true interest in IP, Ms. Parsons discussed an emphasis on communication skills, attention to detail, enthusiasm, and people who are ultimately interesting and fun to work with. Ms. Dhir mentioned that students who are confident and familiar with their listed accomplishments stand out in interviews. She also recommended doing some preliminary research on your interviewers and the firm and connecting with students who have already worked there to demonstrate true interest.

Mr. Brandsma focused on the more technical aspects of the interview based on his experience joining B&P during the pandemic and through virtual interviews. He emphasized the importance of truly filling the gap that virtual interviews fall short with compared to in-person interviews by taking the extra step to develop a genuine relationship.

Overall, the firm tour was a great experience to provide perspective on my legal journey as it pertains to IP and B&P specifically and provided me with some practical tips and strategies to reaching IP and B&P as destinations in my legal career.

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