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Think Twice Before You Click Send!

E-mail emerged as an informal and humble means of electronic global communication. Now ubiquitous in business communications and transactions, e-mail is on the verge of becoming a key mover and shaker of modern day contract law. One of the most important features of a contract is offer and acceptance, which is often referred to as [...]

Posted in Contracts, Technology, Telecommunications, Uncategorized
Comments 2

Fair application of ‘Fair Dealing’: A look at uncertainties

In George Nathanael’s post titled “Protecting Graffiti Artists”, he proposed that withholding copyright protection for graffiti is the best response to the question of whether creators of graffiti should be protected the same way as other artists who create murals on their own property. The dilemma of rewarding someone who created a work of art in [...]

Posted in Copyright, copyright reform, Infringement, Originality, Ownership
Comment: 1

Tony Chapman: “Made in Canada: Why creativity and invention must become the life blood of our economy”

This past Tuesday, as part of the IP Osgoode Speaks series, Tony Chapman, founder and CEO of Capital C Marketing Group, gave a talk about the need for Canada’s industries to generally change the way they do business. The event was hosted in one of the vibrant seminar rooms of Capital C in downtown Toronto. [...]

Posted in Commercialization, General, Innovation
Comment: 1

What would an ordinary observer do?

In the U.S. case Egyptian Goddess v. Swisa, the the US Court of Appeals for the Federal Circuit adopted an “ordinary observer” test for determining whether a design patent (also known as an industrial design) has been infringed. Prior to this case, courts often used a “point of novelty” test: identify the point of novelty [...]

Posted in Uncategorized
Comment: 1

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