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Substantially Different or Substantially the Same Approach to Copyright Infringement?

Substantially Different or Substantially the Same Approach to Copyright Infringement?

In Cinar Corporation v Robinson, The Supreme Court of Canada ruled that a copyright protected work can be infringed not only by literal reproduction, but also by copying substantial features from a work. In the decision, which awarded damages to the author of a children's TV show, the court clarified the test for substantial reproduction... or did […]

IP Intensive Program: “Intellectual Property Policy is All IC” Reflecting on a Semester at Industry Canada

IP Intensive Program: “Intellectual Property Policy is All IC” Reflecting on a Semester at Industry Canada

My time at Industry Canada as an IP Intensive student intern last fall was spent working within the Strategic Policy Sector (SPS), and more specifically a sub-group within the SPS called the Copyright and Trade-mark Policy Directorate (CTPD). The CTPD, along with the Department of Canadian Heritage and the Canadian Intellectual Property Office (CIPO), is responsible for […]

Everything Old is New Again: Reframing the Cultural Explanation for Intellectual Property Infringement in China

Everything Old is New Again: Reframing the Cultural Explanation for Intellectual Property Infringement in China

Daniel Whalen won Canada's IP Writing Challenge last year for his article, "Everything Old is New Again: Reframing the Cultural Explanation for Intellectual Property Infringement in China." In anticipation for the next edition of Canada's IP Writing Challenge, we would like to share the introduction to Daniel's award-winning submission. Please enjoy and watch out next week […]

IP Intensive Progam: Apotex - The Best Way to Begin Your Third Year at Osgoode

IP Intensive Progam: Apotex - The Best Way to Begin Your Third Year at Osgoode

I couldn’t think of a better way to begin third year of law school than by participating in the Intellectual Property Law & Technology Intensive Program. Rather than spending my semester in a series of classrooms, I spent 10 weeks learning about the practice of law in an in-house setting. For anyone with an avid […]

Going the Way of the Doha? The TPP and Contested Intellectual Property and International Trade Linkages

Going the Way of the Doha? The TPP and Contested Intellectual Property and International Trade Linkages

It has been nearly twenty years since the Uruguay Round of World Trade Organization (WTO) trade talks that created the Trade Related Aspects of Intellectual Property Rights (TRIPS) Agreement. In the intervening decades, multilateral trade negotiations have stalled and international agreements relating to intellectual property (IP) law have trended towards bi- and plurilateral levels. And, […]

IP Intensive Progam: The Canadian Broadcasting Experience - Ten Weeks at the CBC

IP Intensive Progam: The Canadian Broadcasting Experience - Ten Weeks at the CBC

When I applied to participate in the Osgoode Intellectual Property and Technology Intensive Program, I was looking for a practical learning experience that would combine my legal interests with my background in the arts. Not surprisingly, I was thrilled when I heard that I had been placed at the Canadian Broadcasting Corporation. The opportunity to […]

IP Intensive Progam: Taking Culture, Copyright, and Creators Seriously - A Semester at the Ministry of Canadian Heritage

IP Intensive Progam: Taking Culture, Copyright, and Creators Seriously - A Semester at the Ministry of Canadian Heritage

Legislative reform does not happen overnight, especially when it comes to a polarized domain of law like copyright.  Legal policy analysts are integral to this process of reform, and this past semester, as a student in Osgoode’s Intellectual Property & Technology Law Intensive Program, I was fortunate enough to spend 10 weeks with one of […]