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The Living Daylights (…Scents, Tastes, and Sounds): Bill C-56 Forebodes Drastic Trade-mark Reform
March 18, 2013 by Ryan Heighton (IPilogue Editor) Bill C-56, a new and inevitably controversial piece of proposed legislation, was introduced on March 1, 2013. With the short title, Combating Counterfeit Products Act, the message seems simple, but contained within it are extensive proposals to change both the Copyright Act and the Trade-marks Act in Canada.
The ‘Myriad’ with the Golden ‘Gene’: Australia Upholds Breast Cancer Gene Patents
March 8, 2013 by Ryan Heighton (IPilogue Editor) The Myriad Genetics gene patenting saga has officially shaped international jurisprudence, with the Federal Court of Australia upholding the patents for BRCA1 and BRCA2. In Cancer Voices Australia v. Myriad Genetics, NSD643/2010, Federal Court of Australia (Sydney), the first Australian case to deal with the issue of gene patents, the Court took a similarly liberal and divisive approach to that of the American Courts (pending appeal).
‘Osgoode Style’ Wins Big at 2013 Harold G. Fox Canadian Intellectual Property Moot
February 26, 2013 by Ryan Heighton (IPilogue Editor) It is my pleasure to return to my editorial duties (sans a 007 title pun) for the IPilogue to bring a first hand account of the fifth annual Harold G. Fox Canadian Intellectual Property Moot. After months of grueling preparation, I am proud to report that the moot, while a resounding success all-around, was particularly fruitful for those of us representing Osgoode Hall Law School. More on that later.
Live and Let Die: Gene Patenting Plot Thickens as the Patent/Trade Secret Line is Blurred
January 10, 2013 by Ryan Heighton (IPilogue Editor) The long battle in the American courts over Myriad Genetics’ patents of BRCA1 and BRCA2, the primary diagnostic genes for hereditary breast and ovarian cancer has been well-documented in the IPilogue (see coverage by Beatrice yesterday as well as previous posts here, here, and here). Now, Myriad is poised to defend their patents at the Supreme Court for a second time, with arguments to be heard in Spring 2013. However, this time there is new information that has come to light regarding Myriad’s practices as a patentee that may further harm their case, based on public health policy. |
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