This past year marks a year where the Government of Canada engaged more than ever on the IP front. The Government of Canada’s announcement of a National IP Strategy was…
Category: Competition Law
SEPs and the Swinging Pendulum
American IP scholar Mark Lemley aptly characterized the dynamic relationship between IP and competition law as a swinging pendulum, in which antitrust enforcement of IP has cycled from under-protection to…
Certainly Commendable but Perhaps not Practical – Canada’s Competition Bureau Releases Guidelines on Pharmaceutical Patent Litigation Settlements
On September 23, Canada’s Competition Bureau (“the Bureau”) announced landmark guidelines regarding the consideration of pharmaceutical patent litigation settlements under Canada’s competition law framework. The Bureau’s guidelines on this issue…
N-C-Double Don’t: Student-Athletes’ Likenesses No Longer Free for Use
A landmark ruling on Friday August 8, 2014 determined that the National Collegiate Athletic Association (the “NCAA”) can no longer stop its athletes from selling the rights to their own names,…
in Competition, Competition Law, Electronic Processes, Innovation, IP, IP Reform, Patentability, Patents, US0by Editor
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Alice Corp., Software Patents, and Lighting the Rabbit Hole of Abstract Ideas
It’s often hard to recognize the evolving nature of legal regimes amidst the fast-paced and so-called revolutionary social and technological changes facilitated by digital and networked technologies. Laws, norms, and…
Parody in Trade-mark Law - "Dumb Starbucks" Might Not Be So Dumb After All
Nathan Fielder created quite an uproar when he opened up an establishment in Los Feliz, California named “Dumb Starbucks.” According to its FAQ sheet, the store claimed to legally operate…