I'm Still Your Baby: Canada's Continuing Support of U.S. Linkage Regulations for Pharmaceuticals

Ron A. Bouchard is an Associate Professor in the Faculties of Medicine & Dentistry and Law, University of Alberta.  Professor Bouchard has a new article available on SSRN and describes it below. One of the most strongly contested aspects of pharmaceutical policy concerns the role of intellectual property rights in providing economic incentives to firms […]

Workshop on Media Suppression - 16 March 2010

On March 16, IP Osgoode and the Nathanson Centre on Transnational Human Rights, Crime and Security are presenting a workshop on “Media Suppression: Life and Livelihood”. This unique half-day workshop will touch on topics such as digital rights contracts, libel chill, the Internet in totalitarian states, and legal recourse for the torture, kidnapping, and murder […]

“Purposive Construction”: Has certainty been compromised?

Heather Hui-Litwin is a J.D. candidate at Osgoode Hall and is taking the Patent Law course. In patent litigation, claim construction is an extremely important aspect in the analysis of a patent. Findings of infringement and validity ultimately depends on the construction. The leading cases on claim construction is Free World Trust v. Electrosante (2000 […]

Is there Copyright in Choreography?

Virgil Cojocaru is a JD candidate at Osgoode Hall Law school. Choreography is about dance moves. It is the arrangement of dance moves, usually in patterns, accompanied by music. Are these dance moves protected by copyright? The argument out there is that they are, even when placed in games.

South Australian Web Anonymity Law Backfires

Stuart Freen is a JD candidate at Osgoode Hall Law School. South Australian parliament recently came under fire for passing a new anti-anonymity amendment to its electoral act. Described by the Australian media as “draconian”, the new law would require online commenters, bloggers and even talk radio show callers to fully identify themselves before providing […]

Breaking News Feed: Facebook's Questionable Patent

Jamie Goodman is a J.D. candidate at Osgoode Hall and is taking the Patent Law course. Facebook, a website whose primary platform is based around the notion of sharing, recently received an exclusive patent on its focal “News Feed” layout, which could very well hinder many other social networking sites from sharing information in a […]

EPO bans Swiss-type claims from patentability, gives green light to new dosage regimes

Nathan Fan is a JD candidate at Osgoode Hall Law School. The EPO’s Enlarged Board of Appeal recently ruled that Swiss-type claims are no longer patentable in the EU, resolving the long-standing question while putting Abbott Respiratory’s patent application case to rest. However, the Enlarged Board’s decision also held that new dosage regimes for an […]

The Doctrine of “Inherent Anticipation” in Canada: A Time for Review?

Darren Hall is a J.D. candidate at Osgoode Hall and is taking the Patent Law course. Addressing the question of whether a prior use will anticipate an invention if that prior use was previously unacknowledged, known as the doctrine of Inherent Anticipation, has been a struggle for Canadian courts.

Bridging the Physical/Digital Divide - Jurisdiction over Online Content

Brian Chau is a JD Candidate at Osgoode Hall Digital data in the 21st century is often envisioned to be stored somewhere in a vast cloud of storage mediums – but at the end of the day, the discrete bits and bytes of data are tied to physical locations. While information on the internet transcends […]

New Canadian Intellectual Property Law Casebook

McCarthy Tétrault partners Barry Sookman (IP Osgoode Advisory Board member) and Steven Mason have published a new casebook, Intellectual Property Law in Canada: Cases and Commentary. The authors draw on their extensive expertise in intellectual property to provide law students, law professors, and lawyers with important insights on the diverse laws that protect the types […]