Canada v. GSK – Intellectual Property Rights and the Arm’s Length Principle
November 2, 2012 by Brian Chau
Re-examination vs. Invalidity Proceedings: A Question of Judicial Supremacy
August 5, 2012 by Brian Chau
Re-examination and invalidity proceedings each play an important role in the patent system, offering different avenues that narrow or invalidate existing patent claims. However, a lack of clarity on how the two provisions co-exist has led to litigation which this editor believes could be avoided through legislative amendments to the American patent regime. Similar issues exist in the Canadian jurisprudence, the Canadian Patent Act does not adequately provide a framework for how this co-existence should be dealt with by the Courts.
Fishing Across the Pond
February 20, 2012 by Brian Chau
Earlier this year, the Westminster Magistrates’ Court found that a young British student could be extradited to the United States to face allegations of copyright infringement. The United States Justice Department requested that he be extradited under the Extradiction Act, 2003 and the US-UK Extradition Treaty.
Is Anyone Listening?
February 3, 2012 by Brian Chau
The idea of surreptitiously recording confidential conversations as material to be used against someone comes straight out of spy movies and thriller novels. The act itself is clearly reprehensible but it is surprisingly difficult to determine whether legal liability subsists. The actual practice of recording conversations without consent is governed by various criminal, privacy and telecommunications laws, but in Canada, there may also be recourse under the common law.