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The Undue Reliance on Physical Objects in the Regulation of Information Products

The Undue Reliance on Physical Objects in the Regulation of Information Products

Featured here is a summary of Pascale Chapdelaine’s article recently published in the Journal of Technology Law & Policy, that is now available at SSRN. The presence of a physical object (a book , DVD, a CD) plays a determinant role in how information products (e.g., commercial copies of computer programs, books, musical recordings, video […]

Hacking in Canada

Hacking in Canada

This blog is cross-posted with permission from Margaret Haig, Head of Copyright Delivery at the UK IPO, her original post is available here. In February, I got invited to take part in a hackathon. I took a second look at the invitation, and 'hackathon' jumped out! But we wouldn’t be hacking our way into the […]

For More ‘Fun and Games’, visit the 14th Annual Oxford International Intellectual Property Moot!

For More ‘Fun and Games’, visit the 14th Annual Oxford International Intellectual Property Moot!

Ambush marketing is the practice of sidestepping the intellectual property rights of well-known brands, often through an intentionally vague and clever implication, to benefit from a public perception of an association or connection to the brand, without paying make that association legitimately. This practice is particularly problematic at sporting mega-events, like the Olympic Games. Canada […]

Tariffbusters: Does the CBC v SODRAC decision debunk the "Mandatory Tariff Theory

Tariffbusters: Does the CBC v SODRAC decision debunk the "Mandatory Tariff Theory

Introduction to the panel After two exciting and lively debates on the principle of technological neutrality (see Sebastian Beck-Watt’s coverage here) and reproduction rights (see Paul Blizzard’s coverage here), IP Osgoode’s Unpack SODRAC symposium turned to a new panel to ‘unpack’ the paragraphs of CBC v SODRAC [SODRAC] concerning the mandatory (or not) nature of tariffs […]

Shifting technological neutrality into reverse: UNPACK SODRAC

Shifting technological neutrality into reverse: UNPACK SODRAC

Should all copies be treated the same way for the purposes of Copyright? If the CBC’s internal content management system creates incidental copies of audio works during the creation or broadcast of a television program or movie, does it enage the owner's Copyright under s 3(1)(d) of the Copyright Act [the "Act"]? What incentives do Canada’s […]

What Would You Do For a KitKat Bar?

What Would You Do For a KitKat Bar?

Is there any chocolate bar more recognizable than the KitKat? Maybe, but that does not make it special according to the recent decision from the Court of Justice of the European Union (“CJEU”) in Société des Produits Nestlé SA v Cadbury UK Ltd [Nestlé]. Nestlé has produced the KitKat chocolate bar for over 80 years. In 2010, the company filed an application […]

A Copy is a Copy is a Copy: Reproduction Rights In CBC v. SODRAC

A Copy is a Copy is a Copy: Reproduction Rights In CBC v. SODRAC

The Honourable Mr. Marshall Rothstein is a tough act to follow, especially when recounting his own majority decision. At the recent UNPACK SODRAC: Technological Change and Copyright Tariffs after CBC v SODRAC (SCC 2015) symposium, the former Supreme Court justice stood firmly by his decision in the case during his keynote address. The panelists during […]

Pharmaceuticals Main Attraction in TPP IP Chapter

Pharmaceuticals Main Attraction in TPP IP Chapter

Patent law can be a polarizing topic, but it is especially so during international trade negotiations. Perhaps this is because the principles of patent law create fundamental conflicts between those that own patents and those that pay for patents. Despite this divide, these negotiations, along with some international diplomacy, often produce patent chapters that fall […]

Branding the TPP: Trademark Pros & Problems

Branding the TPP: Trademark Pros & Problems

An overview of what the Trans-Pacific Partnership Agreement would change in Canadian policy The Government of Canada is inviting Canadians to read and comment on the Trans-Pacific Partnership Agreement (TPP), along with the government’s Summary of the Agreement, which provides an overview of how the TPP would affect Canada. The summary suggests that the largest […]

'Made in America’ 2015? The TPP and the Future of Canada’s Digital Economy

'Made in America’ 2015? The TPP and the Future of Canada’s Digital Economy

The Trans-Pacific Partnership (“TPP”) agreement pages of both the Office of the United States Trade Representative and the White House display an understandable, if not provocative, logo extolling that the trade deal is “Made in America”. For a trade deal whose negotiations spanned the length of President Obama’s term in office, this is hardly surprising: with the end of […]