Earlier this month, the United States Trade Representative (USTR) released its annual “Special 301 Report,” which evaluates the intellectual property rights (IPR) protection and enforcement of its trading partners. Over the last few years, Canada has been listed on the “Priority Watch List”, which is reserved for countries that have the most deficient IP protection according to the United States. In the 2013 edition of the report, Canada was placed on the “Watch List” – the first time in four years it has moved up on the list.

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Posted in Copyright, copyright reform, European Union, IP, IP Reform, Patents, Pharmaceutical Drugs, Supreme Court of Canada, Trademarks, US, US-Canada Relations, WIPO
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This paper traces the emergence of a new res or object of protection within European trade mark law. Proprietary rights in trade marks have conventionally been premised upon the mark’s ability to communicate useful information; namely, indicating the commercial source of goods or services, also referred to as the essential function of a trade mark.

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Posted in European Union, Feature Post, IP, Trademarks
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The European Commission has proposed amendments to the Community Trade Mark (CTM) Regulation and Trade Marks Directive. The primary function is to harmonize EU member trade-mark laws. This bureaucratic hygiene aim – which resulted in a mixture of trade-mark rights expansion and contraction – stands in contrast to the current, controversial and (in my opinion) heavily pro-holder Canadian bill working its way through the legislative system.

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Posted in Canada, Design, European Union, IP, Regulatory Policy, Trademarks, WIPO
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During the celebration of World Intellectual Property Day on April 24, 2013, the US Committee on the Judiciary announced its intention to promote a comprehensive review of US copyright law in order to modernize copyright protection in the US.

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Posted in Announcements, Copyright, copyright reform, Internet, IP Reform, Jurisdiction, US
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There are just under two months left to submit your entry to our 5th annual Writing Challenge. The winner from each category will receive a prize of $1000 (CAD), publication on the IP Osgoode website, and consideration for publication in the Canadian Intellectual Property Review and/or the Intellectual Property Journal.  The deadline to submit is 5pm, Monday July 1, 2013. Submissions can be sent to iposgoode@osgoode.yorku.ca.

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Posted in Announcements, Feature Post, IP
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