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First sale and digital content

First sale and digital content

Billy Barnes is a JD candidate at the University of Toronto. Normally when a consumer purchases a copyrighted work embodied in a tangible object (e.g., a book or a CD) they are completely free to lend or resell that object without the permission of the rightsholder. In the United States, this is called the doctrine […]

Beat the Cybersquatter as ".co" Domain Names Open Up

Beat the Cybersquatter as ".co" Domain Names Open Up

Ashlee Froese is an Osgoode Hall alumnus and currently practices intellectual property at the law firm of Keyser Mason Ball LLP. The “.co” domain name has long been a favourite of cybersquatters and typosquatters alike, individuals who profit off the misdirection of online traffic/consumers who intend to visit a specific brand’s online space [for example, […]

The Canadian Public Domain: What, Where, and to What End?

The Canadian Public Domain: What, Where, and to What End?

Professor Carys Craig (Osgoode Hall Law School) has a new paper available on SSRN.  Her article is described below. This essay explores the important body of scholarship that has emerged on the substance, nature, and role of the public domain in intellectual property law. I offer some concrete definitions of the public domain in the […]

The Cloud Computing Trend: Increased Threats for Privacy

The Cloud Computing Trend: Increased Threats for Privacy

Amanda Carpenter is a JD Candidate at Osgoode Hall Law School. For those unfamiliar with the term “cloud computing”, it refers to performing the functions of personal computers – such as running applications, communicating, and storing data – not on those personal computers, but rather on servers. Cloud computing is likely already part of your life. […]

Another win for Hollywood: English High Court rules Newzbin liable for copyright infringement

Another win for Hollywood: English High Court rules Newzbin liable for copyright infringement

Nathan Fan is a JD candidate at Osgoode Hall Law School. In the growing number of legal victories for the MPAA, the English High Court of Justice recently found popular Usenet indexer, Newzbin, liable for the copyright infringement of works owned by the MPAA. The March 29, 2010 decision ruled in favour of the movie […]

ACLU’s successful challenge of genetic patents is promising for cancer treatment, but perturbing for patent lawyers

ACLU’s successful challenge of genetic patents is promising for cancer treatment, but perturbing for patent lawyers

Matthew Thorpe is a JD candidate at Osgoode Hall Law School and is taking the Patent Law course. In a landmark victory the American Civil Liberties Union (ACLU) and the Public Patent Foundation succeeded on a motion for summary judgement to invalidate patents held by Myriad Genetics over two genes linked with breast and ovarian […]

Gene Sequences held Unpatentable as the ACLU Defeats Myriad Genetics

Gene Sequences held Unpatentable as the ACLU Defeats Myriad Genetics

Alex Gloor is a JD Candidate at Osgoode Hall Law School Doctors, cancer patients and virtually the entire biotech industry are joined in celebration after a District Court ruling in New York invalidated two important patents on gene sequences held by Myriad Genetics. The basis of the invalidity holding is that naturally occurring gene sequences, […]

Artmob Spring 2010 Update

Artmob Spring 2010 Update

David Meurer is a PhD candidate in the Joint Graduate Program in Communication and Culture at York and Ryerson Universities and Senior Research Assistant, Artmob. Artmob is a research project driven by several principles: that Canadians should have greater online access to publicly funded cultural collections; that Canadian cultural institutions have a responsibility to make […]

Living Separate and Apart is Never Easy: Obviousness and Inventiveness in Pharmaceutical Litigation

Living Separate and Apart is Never Easy: Obviousness and Inventiveness in Pharmaceutical Litigation

Ron A. Bouchard is an Associate Professor in the Faculties of Medicine & Dentistry and Law, University of Alberta.  The Canadian Patent Act defines an invention as any “new and useful art, process, machine, manufacture or composition of matter, or any new and useful improvement in any art, process, machine, manufacture or composition of matter.” […]

Purposive Claim Construction: Settled Law with Unsettled Application

Purposive Claim Construction: Settled Law with Unsettled Application

Essien Udokang is a J.D. Candidate 2010 at Osgoode Hall and is taking the Patent Law class. Since the decision of the Supreme Court in Free World (2000 SCC 66, [2000] 2 S.C.R. 1024) it is supposedly settled law that courts are to construe the claims of a patent in a purposive manner in determining infringement and invalidity. […]