Home » 2008 (Page 17)

Canadian copyright bill to arrive…finally?

There are rumours that a new copyright bill is imminent. Copyright issues are increasingly gaining public prominence and there are views of every stripe. See below for a distinct view by Barry Sookman, copyright expert and co-chair of the Technology Group at McCarthy Tétrault, on the copyright debate as we await the new legislation and continue […]

ACLU: Patenting Abstract Ideas Violates First Amendment

Christopher Hansen, an attorney with the American Civil Liberties Union, has become involved in a patent case for an “abstract idea”. The patent in dispute belongs to Bernard L. Bilski: “In 2006, Bilski sought a patent for his idea that the weather risk involved in buying and selling commodities could be minimized if sellers had […]

A thought on the scope of patent protection today

Suppose there are two researchers, X and Y, who separately study the same thing, say, new energy. X wants a patent right for a financial gain while Y wants to make his results freely accessible to the public. Unfortunately, X comes up with a result one day before Y. Now, people have to pay for […]

Is Canada Delivering on its Pledge to Aid Africa?

In 1999, between 1.3 and 2.1 billion people did not have access to essential medicines (around 30% of the world’s population), with most of these people being concentrated in Africa and India.[1] In May 2004, after pressure from Canadian civil society groups and Stephen Lewis (the UN Special Envoy on HIV/AIDS in Africa), and in […]

Is the tragedy of the anti-commons for the greater good?

During Professor Bruce Ziff’s discussion on Private Property, he referred to Garrett Hardin’s theory on the Tragedy of the Commons. The common hypothetical relates to the relationship of farmers overgrazing on common land. Since resources are finite, the over-exploitation of land by some members of the community results in a consequential detriment to all. Thus, […]

TRIPS and the WTO Decision: Challenges and Paper Promises in a Perpetual Developing-World Disease Crisis

The Trade-Related Aspects of Intellectual Property Rights (TRIPS) is a comprehensive multilateral agreement setting minimum uniform standards of IP protection and enforcement in all WTO Member States.[1] Its provisions require a substantive degree of IP protection for all members, including a twenty year term of protection[2] that confers the exclusive right to prevent third parties […]

The beginning of the end of net neutrality?

Recently, I received a letter from my internet service provider, Rogers Communications, informing me that my internet service will be changing. Not only will I have a cap on the amount of information I can download and upload a month, I will also be inflicted with caps on my internet speed. Thankfully, they also provided […]

The Multinational Pharmaceutical Companies – are they greedier than us?

Let’s say I want to sublet my on-campus room for the summer. I’m paying $1,000/month. Because staying on campus is extremely convenient for whatever reason, but it is difficult to find a place, someone proposed me $1,200/month for the sublet, while others proposed less than $1,000/month. Which offer should I choose? And, if there is […]

Standing Up to U.S. Copyright Bullying

Once again on February 11th 2008, the International Intellectual Property Alliance (IIPA) released its annual recommendations which it submits to the United States Trade Representative (USTR). The name taken by the IIPA may be misleading, as it can hardly be considered “international” in scope. The IIPA is essentially a US lobby group which aims to […]

One Size Does Not Fit All

Under Canadian patent law, the scope of patentable subject matter is still expanding. But under U.S. patent law, “anything under the sun made by man” is patentable. This has come to include patents for computer software. Software patents raise a debate over which algorithms are novel, and which are non-obvious. Some algorithms may arguably have […]