Home » 2007 » November (Page 6)

Cheque-Clearing Patent

            The concept is simple, a recent Toronto Star article explains: `By the end of 2009, if all goes according to plan, paper cheques won’t be cleared any more. Instead, electronic images will be transmitted from one financial institution to another.’ Standing in the way of this bankers’ dream, however, is the American firm DataTreasury […]

Web Ad-Blocking – Self-Cannibalizing But Here to Stay

Aristotle once said “that which is common to the greatest number has the least care bestowed upon it.” This idea has subsequently evolved into the modern concept of Tragedy of the Commons (or not quite modern – the term in fact dates back to an 1833 study of medieval land holdings). The concept itself is […]

Is Virtual Property on the Verge of Reality?

Cross border transactions are a hot topic in today’s legal community. However, picture a very different type of border and a very different type of transaction. The dispute is real, the border vague, and the substance is, well, virtual. On May 1, 2006 Marc Bragg, a Pennsylvania lawyer, launched an action against Linden Labs Research […]

The Expanding Reach of US Patent Laws

The United States’ liberal approach to extending patent protection is best illustrated by the court in the Diamond v. Diehr case, where it states “anything under the sun that is made by man” is patentable as an invention. As Professor David Vaver opines in his text Intellectual Property Law: Copyright, Patents, Trademarks, the US courts’ […]

Innovation or Bust: Legal Avenues not enough to save Record Labels

Warner Music Group’s recent announcement about wider losses in the third quarter, due to an increasing trend of consumers switching to digital downloads, highlights the changing nature of the music industry.   Even as Warner posted higher overall losses due largely to the decline in CD sales, its digital revenues were up 29% from the […]

Thailand vs. Pharma-Giants: Challenging the Justification for IP

In an attempt to control the HIV/AIDS epidemic in Thailand, the Thai government decided to bypass the patents on anti-retroviral drugs (ARVs) by issuing compulsory licenses to manufacture generic copies of these drugs. The result of this gutsy move is affordable, locally-made alternatives that are dispensed to patients for free via the government’s universal healthcare […]

French student arrested for posting non-authorized copies of Harry Potter

When a French teen becomes the target of police and is subjected to their interrogation while spending a night behind bars, one would imagine that perhaps the teen had committed a serious criminal act. Not so in this case. In July 2007, just a few days after the final Harry Potter novel was released in […]

Novartis challenges Indian IP law

A Swiss pharmaceutical company, Novartis, sought to have the January 2006 decision to reject its patent application for the cancer drug imatinib mesylate (Gleevec) reversed by the Chennai High Court in India. Gleevec is used in the treatment of Leukemia. Novartis sells Gleevec at $2500 per patient per month in India; generic versions cost $175 […]

Micropayments – Are they good or bad for IP?

On August 27, 2007, the International Herald Tribune published an article by Dan Mitchell titled “Micropayments arrive on the Web.” This piece examined the evolution and reemergence of the use of small user fees, known as micropayments, in exchange for content on the internet. After reading Mitchell’s article, the main question that comes to mind […]

Synthetic Life Forms – The New Patent Frontier

In May of 2007 scientists at J. Craig Venter Institute filed a U.S. patent application on the world’s first synthetic living organism (U.S. Patent application number 20070122826). The patent application claims include a set of essential genes required to provide the bare essentials of life as well as a “free-living organism that can grow and […]