Partner, Lawyer, Technology and Artificial Intelligence Co-Lead
Paul Gagnon, LL.M.IP
Contact
Montreal
25th Floor1100 René-Lévesque Blvd. West
Montreal, Quebec H3B 5C9
CANADA 514 397-8500 514 397-8515 info@bcf.ca
Profile
Partner and technology and artificial intelligence (AI) co-lead at BCF, Paul Gagnon brings cutting-edge, diversified experience in technology law, commercial law, and intellectual property.
From open source software management to software development and data architecture issues, Paul's expertise in information technology is at the cutting edge. Through his AI practice, he helps companies of all sizes address the unique challenges posed by AI. This AI expertise allows him to work alongside his clients in developing their capacity to deal with AI issues, including those related to governance.
Paul stands out for his in-house experience, acquired with a leading AI company. Having lived through the company's hypergrowth, which culminated in its sale, Paul draws on a vast repertoire of experience in artificial intelligence. He has been at the heart of important negotiations for joint ventures and research collaboration projects.
Having practised in technology law for over 10 years, Paul has a thorough understanding of the business models and strategies involved, which is reflected in his tailored advice and his ability to draft and negotiate a wide range of commercial contracts. Drawing on his experience within in-house legal teams, he diplomatically negotiates complex commercial contracts such as strategic sourcing and international partnerships.
Paul advises all types of clients, from startups building their business models to large-scale enterprises transitioning to AI. Paul adapts his approaches and advice to help both seasoned business managers and their sales teams, as well as technical teams developing products and services. He also assists in-house legal teams, including in their adoption of legal technologies and optimization of their processes and templates.
Paul's practical in-house experience also enables him to draft and negotiate commercial agreements in a variety of industries and contexts, including franchise and distribution agreements, collaboration and joint venture agreements, and supply agreements.
Paul is a seasoned lecturer, particularly on artificial intelligence. He is co-author of the Licence de données de Montréal, a pioneering initiative in AI law.
Expertise
Industries
Education
- Barreau du Québec (2014)
- LL.M. Intellectual Property and Competition Law, Munich Intellectual Property Law Center (Max-Planck for Innovation and Competition) (2012)
- Master's degree in biotechnology and law (M.B.M.D.), Université de Sherbrooke (2010)
- Bachelor of Laws (LL.B.), Université de Sherbrooke (2010)
Recognition(s)
- IP Star (2024) - Notable Practitioner
- IFLR Rising Stars (2022)
- IAM Strategy 300 (2020-2023)
- Université de Sherbrooke (2010) - Valedictorian
- Université de Sherbrooke (2008 and 2010) - honour roll
- Université de Sherbrooke (Faculty of Law) (2008) - Albert-Leblanc Medal
Publications
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“On the Modification and Revocation of Open-Source Licenses”
arXiv:2407.13064, 2024;
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“Towards Standardization of Data Licenses: The Montreal Data License”
M. Benjamin, P. Gagnon, et al., March 2019, arXiv:1903.1226;
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“The Business Model of Patent Assertion Entities in IT: Unilateral Restraints of Competition or Business as Usual?"
Journal of Antitrust Enforcement (Oxford University Press), October 2013;
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“L’Innovation et l’Ordre juridique canadien”
Essay submitted in May 2010 for the Master’s degree in Biology, major in biotechnology and law, Sherbrooke, Québec, under the supervision of Me Louise Bernier and Mr. Peter Sagar..
Representative Work
- Responsible for an in-house legal team for a listed electric vehicle manufacturer (commercial, regulatory, procurement, IT);
- In-house counsel for an artificial intelligence company until its acquisition by a major US corporation;
- In-house counsel for a world-renowned entertainment company, with primary responsibility for IT and digital projects;
- Development and supervision of impact analyses for AI and IT projects (data analysis, contracts and negotiation with suppliers);
- Negotiation of a joint venture project with an investment fund on behalf of a technology company;
- Representation of a video game studio in the negotiation of its commercial contracts, including third-party IP licenses;
- Responsible for the deployment of a digital platform for contract management and process optimization;
- Negotiation of the licensing of financial data for use by AI systems;
- Negotiation of partnerships for the sale and distribution of electric vehicles abroad;
- Law clerk to the Honourable Simon Noël of the Federal Court (national security and access to information).
Conferences
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December 2023
Canadian Bar Association (national), "Incorporating AI technology into your corporate legal practice: evaluating the practical and ethical implications"
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February 2023
Canadian Bar Association (Québec Branch), "Intelligence artificielle et automatisation : survol des outils disponibles pour optimiser votre pratique en contentieux"
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May 2022
Counselwell, "Legal's role in novel industries"
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May 2022
Timeworld Artificial Intelligence, "Are lawyers and regulators too focused on AI models?" (with Misha Benjamin)
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December 2020
European Patent Organization, "What are the issues around patenting AI?", within the EPO's "The role of patents in an AI driven world" conference
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September 2020
European Patent Organization, "IP Strategies for AI technologies", within the EPO's "EPO Tech Day on AI" conference
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May 2019
FORPIQ, "Intellectual Property of software and data: a puzzle? "conference
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May 2019
International Conference on Learning Representations (ICLR), AI for Social Good Workshop, "Towards the Standardization of Data Licenses" (with Misha Benjamin)
- July 2018
Licensing Executives Society - Pan-European LES Conference, Zurich, "Artificial Intelligence"
- November 2018
IPIC, "Open Source and Patent Licenses - what's mine is yours? "
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October 2018
LES Annual Conference, Boston, "IP Strategy High Tech War Game Panel"
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May 2018
C2 Montréal, "IP issues in AI"
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July 2018
MIPLC, "AI and Data Markets", Munich
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February 2018
Licensing Executives Society (Montréal), LES Montréal : la PI à l’épreuve des technologies émergentes
Professional Affiliation(s)
- Member of the Barreau du Québec
Involvement
- Co-author of the Licence de données de Montréal (Montréal Data License);
- Canadian Intellectual Property Office, Canadian IP Voices: Understanding artificial intelligence / Voix de la PI canadienne: Comprendre l'intelligence artificielle (with Misha Benjamin), Podcast, April 2022;
- Expert witness on copyright and artificial intelligence before the House of Commons’ Standing Committee on Industry, Science and Technology, October 2018;
- IPIC / McGill University, summer course in intellectual property, tutor for an IP licensing negotiation workshop, 2015-2020;
- IPIC / McGill University, summer course in intellectual property (patent component), Alternative strategies in licensing, open source, AI and competition;
- Université de Sherbrooke (Faculty of Law), lecturer - Digital Data and Health, 2017-2018;
- Digital Moment / Kids Code Jeunesse, member of the advisory committee, 2017-2021;
- Vision Diversité, member of the Board of Directors, 2015-2017.