A “Charter Rights First” Approach To The Intersection Of Freedom Of Expression And Copyright

Graham Reynolds is an Assistant Professor in the Faculty of Law at Dalhousie University in Halifax, Nova Scotia, Canada, and an IP Osgoode Research Affiliate. Recent legislative developments in Canada and the United Kingdom (UK) have raised concerns that expansions in copyright protection may negatively impact freedom of expression rights. In June 2010, the Canadian […]

Weatherford: Patent Validity Attacks For Lack Of "Good Faith" Ruled Out In Canada

Grant W. Lynds is a partner in the Ottawa office of Gowling Lafleur Henderson LLP, whose practice focuses on intellectual property litigation and patent prosecution. This case analysis has been re-posted with his permission. In recent years, Canada’s Federal Court has generated much debate with respect to whether patent applicants in Canada owe a “duty […]

Celine Dion Takes On Satirical Blogger In David And Goliath Fight (Spoiler: Goliath Wins)

Jennifer O'Dell is a JD candidate at Osgoode Hall and Denise Brunsdon is a social media writer and researcher. Only one post remains on the Ridiculous Pictures of Celine Dion Tumblr and it is tellingly tagged "RIP" and "the dion effect." Dion's lawyers sent Nick Angiolillo, the New York blogger who runs the satirical Tumblr site […]

Procuring By Brand Name: How Practical Is NAFTA?

Mark Kohras is a JD candidate at Osgoode Hall Law School. A recent case just out of the Federal Court of Appeal has posed an interesting question regarding the use of trademarks in procurement orders by the government. The case, Enterasys Networks of Canada Ltd. v. Canada, revolves around numerous complaints made by Enterasys Networks, […]

Friendly Courts And Western Benefactors Support Chinese Piracy

Dan Whalen is a JD candidate at Osgoode Hall Law School. Online file-sharing company Xunlei Limited recently announced that it has indefinitely postponed its initial public offering and NASDAQ listing due to unfavourable market conditions. Although some would claim the setback as a small victory against a leading copyright pirate, inspection of the company’s continued […]

Break-Ups Are Never Easy: York University Declines to Renew Blanket Copy Licence With Access Copyright

Kalen Lumsden is a JD candidate at Osgoode Hall Law School York University, including Osgoode Hall Law School, has decided to opt-out of the interim copy tariff from Access Copyright, the copyright collective that manages permissions associated with photocopying and course kits. The current licence will end on August 31, 2011.

UK Courts Willing To Apply Foreign Copyright Laws In Lucasfilm v. Ainsworth

Matt Lonsdale is a graduate of the Schulich School of Law at Dalhousie University. On July 27, 2011, the UK Supreme Court released its long-awaited decision in Lucasfilm Limited v. Ainsworth. While Andrew Ainsworth is presumably happy with the court’s ruling that the Storm Trooper armour from the Star Wars franchise is utilitarian and does […]

Castaway Damages: Robinson Sucroë v. Robinson Curiosité

Andrew Baker is an LLB/BCL candidate at McGill University Faculty of Law. The Quebec Court of Appeal has recently ruled on the notorious Robinson Sucroë cartoon plagiarism case.  The decision has greatly reduced the remarkable damages awarded by the trial court in 2009, but upholds the finding of liability.