Quantum of Solace: UK Court Deems Police Retention of Uncharged Suspect Photos an Invasion of Privacy

A UK High Court ruling handed down in June 2012 will change the policies of the Metropolitan Police (the Met), particularly after they release suspects without laying charges. In a decision centering on privacy practices and the encroachment of the State, it was held that the private interests of two complainants were compromised under the […]

R.I.P. ACTA (For Now)

While North American IP enthusiasts had likely been pre-occupied with the controversy surrounding the stalled American anti-internet piracy bills known as SOPA and PIPA (covered by IP Osgoode here), Europe has been struggling to deal with the Anti-Counterfeiting Trade Agreement (ACTA). Even though it was designed to be an international framework for improved intellectual property […]

UK's (Losing) Battle with Pirates

In what seems to be a never-ending war on piracy, the Royal Navy has been seemingly substituted for an army of lawyers, and skirmishes on the seas traded for exchanges in a courtroom.  In a decision that mirrors an international effort to limit access to the peer-to-peer file sharing website known as “The Pirate Bay” […]

Protection From Harm?

There is little doubt that the protection of the patent system has been instrumental in the continued innovation in science and technology by allowing the inventor (or filer of the patent) to reap the benefits of their effort and creativity. The realm of public health is no stranger to these benefits, with such innovation having […]

Spat Between Pilot and Attendants’ Unions Results in Intrusive Disclosure Order

In Manish Patel v Unite, [2012] EWHC 92 (QB), a pilot, who claims he was defamed and harassed by postings on the British Airline Steward and Stewardesses Association (BASSA) forum, applies to the court for an order to allow an independent expert to copy and examine the forum database in order to identify who posted […]

Fishing Across the Pond

Earlier this year, the Westminster Magistrates’ Court found that a young British student could be extradited to the United States to face allegations of copyright infringement. The United States Justice Department requested that he be extradited under the Extradiction Act, 2003 and the US-UK Extradition Treaty.

Kerwhizz v. The Bounce Bunch: The Ongoing Confusion With Subconscious Copying

The complicated position that subconscious copying occupies when establishing reproduction and infringement in copyright law was recently highlighted in a key decision by the Patents County Court (PCC) of the UK. In Michael Mitchell v. BBC, Judge Birss’s meticulous judgment focused on whether there existed the possibility of either conscious or subconscious infringement, the latter […]

UK Supreme Court Allows Gene Sequence Patents

Ivy Tsui is a JD candidate at Osgoode Hall Law School and is enrolled in Professor Mgbeoji’s Patents class in Fall 2011. As part of the course requirements, students are asked to write a blog on a topic of their choice. In the genomic era, the flood of computationally predicted genes has introduced a new […]

The Dirty Details of Disclosure: Navigating the Fine Line Between Prior Art and Public Good in British Patent Law

Mekhala Chaubal is a JD candidate at Osgoode Hall Law School. On 27 July 2011, Mr. Justice Arnold of the Patents Court Division of the High Court of England and Wales, by refusing to grant a summary judgment to the plaintiffs in LG Electronics v Sony Europe Ltd & Others (“LG Electronics”) opened the door […]

London MP Seeks To Quell Rioting Through Surveillance Of BlackBerry Messages

Michael Gilburt is a JD candidate at Osgoode Hall Law School. David Lammy, Member of Parliament for Tottenham, has called for the suspension and surveillance of the BlackBerry Messenger (“BBM”) service after evidence indicated that the popular communication platform helped facilitate the London riots.