On March 16th, the Supreme Court of Canada (SCC) heard oral arguments in CBC v SODRAC . The SCC granted leave to appeal from the Federal Court of Appeal (FCA)…
Category: Supreme Court of Canada
IP Osgoode Speaks Series featuring Justice Marshall Rothstein - Generalist Judges, Technical Expertise, and the Standard of Review
On November 24th, 2014, the IP Osgoode Speaks Series concluded a busy term with the visit of the Honourable Mr. Justice Marshall Rothstein of the Supreme Court of Canada, to…
Promises That Can Kill: An Update
Under the Patent Act, an invention must be useful to be patentable. While in Canada the inventor does not need to describe the utility of the invention in the patent,…
Users’ Rights and Realities: CCH, Fair Dealing, and the Experiences at Canadian Cultural Institutions
Recent research is shining a new light onto the Supreme Court of Canada’s (SCC) decision that is said to have “reconceptualized” fair dealing as an integral part of copyright law in…
Supreme Court set to revisit technological neutrality in CBC v SODRAC
On September 4, the Supreme Court of Canada granted leave to appeal from the Federal Court of Appeal in CBC v SODRAC 2003 Inc which considered the issue of whether broadcasters…
Why I Was Wrong About Originality
When I first read the Supreme Court of Canada’s landmark decision in CCH Canadian Ltd v Law Society of Upper Canada concerning the concept of originality in copyright law, I…