Kenneth D. McKay

Ken is a partner at Sim & McBurney and Sim Ashton & McKay LLP, and is an active litigator in the Intellectual Property Bar in Canada. He is the co-author of several books and papers relating to intellectual property, marketing and the licensing of technology, including the Canadian Marketing Law Handbook (DeBoo), Trade-marks – Canadian Forms and Precedents (LexisNexis Butterworths), and Licensing Best Practices (John Wiley & Sons, Inc.).

Ken has appeared as lead counsel and co-counsel on several leading intellectual property cases at the Trial and Appeal level. He also appears on a regular basis before Administrative Boards, such as the Trade-mark Opposition Board, and has an active trade-mark agency practice.

In addition, Ken is a speaker and workshop leader in the trade-mark and technology/transfer/licensing area. As a very active member of the Licensing Executive Society USA/Canada (LES) and the Licensing Executive Society International (LESI), he has also been a vice-president of both organizations. Ken is well versed in negotiating and license drafting as it relates to intellectual property, technology transfer, commercial contracts and licensing generally. As a result, Ken has attained the status of a Certified Licensing Professional (CLP). Ken is also a regular attendee at the European Communities Trade-mark Association (ECTA).

Ken is a member of the Canadian Bar Association (CBA), International Trade-mark Association (INTA), Law Society of Upper Canada (LSUC), International Association for the Protection of Intellectual Property (AIPPI), and a Fellow of the Patent and Trade-mark Institute of Canada.


Contact Information

T. 416-849-8444 E. F. 416-595-1163


Admitted to the Bar of Ontario (1980)
Entitled to practice before the Courts of the Province of Ontario, The Federal Court of Canada and the Supreme Court of Canada
Registered Trade-mark Agent, Canada
Certified Licensing Professional (CLP) (2008)


B.A., University of Toronto (1975)
LL.B., University of Windsor (1978)

Professional Associations

Canadian Bar Association
International Trademark Association
Law Society of Upper Canada
Fellow, Patent and Trademark Institute of Canada