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IP

A Fine Balance: Protecting and Giving-Away Content

A Fine Balance: Protecting and Giving-Away Content

In general, intellectual property (IP) rights encourage innovation by providing creators with an economic incentive to develop and share ideas through a form of a temporary monopoly. Proponents of traditional IP rights believe that individual creators should not only have a chance to profit from their works but also control how they are used. In […]

The End of the Tail

The End of the Tail

Chris Castle is Managing Partner of Christian L. Castle Attorneys, Los Angeles and San Francisco. You've probably heard the expression "the long tail" used by Web 2.0 cognoscenti.  Despite the largely uncritical acceptance the idea received a few years ago, research shows that for artists the "long tail" is the "wrong tale".  But it may […]

Are Patents on Interfaces Impeding Interoperability?

Are Patents on Interfaces Impeding Interoperability?

Pamela Samuelson is the Richard M. Sherman ‘74 Distinguished Professor of Law and Information at the University of California at Berkeley and is a member of IP Osgoode's International Advisory Council. Many commentators and policymakers have expressed serious concerns about the exclusionary potency of patents on communications protocols and interface designs for information and communications […]

Patent Reform May Thwart Obama’s Alternative Energy Efforts

Patent Reform May Thwart Obama’s Alternative Energy Efforts

Stephanie Anderson is a first year J.D. candidate at Osgoode Hall Law School. The United States has long been awaiting Congress to finally agree on proposed patent reform issues, and it seems the anticipation may soon end in the coming months for scientists and researchers. Preliminary hearings are scheduled for March and April of this […]

Alpha geeks, Golf Shoes, and the Waterloo Miracle

Alpha geeks, Golf Shoes, and the Waterloo Miracle

On Tuesday February 3, the Canadian Intellectual Property Council (CIPC), under the umbrella of the Canadian Chamber of Commerce, held a conference on the global threat of illicit trade. The conference brought together stakeholders interested in the protection of intellectual property rights within Canada and around the world. IP Osgoode’s Rex Shoyama was invited as […]

In Which Tom Brown Gets Googled, or why the Google Books settlement is a bridge too far

In Which Tom Brown Gets Googled, or why the Google Books settlement is a bridge too far

Chris Castle is Managing Partner of Christian L. Castle Attorneys, Los Angeles and San Francisco.  Google has reached a settlement of the "Google Books" case brought by the Authors Guild and the Association of American Publishers against Google and several of Google's library business partners in the Google Books enterprise.  (The 300-page settlement agreement has […]

Public Sector IP Management in the Medical Sciences

Public Sector IP Management in the Medical Sciences

The balance between private and public interests is usually the centre of most intellectual property policy debates, but this can be said to be especially significant with medical research performed by publicly funded institutions. In a nation such as ours where the health of our citizens is a responsibility of the government, public funds invested […]

Exploring Depreciation of Goodwill as a New Ground of Trade-mark Opposition

Exploring Depreciation of Goodwill as a New Ground of Trade-mark Opposition

Sanjukta Tole is an Osgoode Hall alumnus and practiced with the IP Group of a large Vancouver law firm. In 2006, the Supreme Court of Canada released its decision in the case of Veuve Clicquot Ponsardin, Maison Fondee en 1772 v. Boutiques Cliquot Ltee, 2006 SCC 23 ("Veuve Clicquot"), in which the maker of the […]