Re-examination vs. Invalidity Proceedings: A Question of Judicial Supremacy

Re-examination and invalidity proceedings each play an important role in the patent system, offering different avenues that narrow or invalidate existing patent claims. However, a lack of clarity on how the two provisions co-exist has led to litigation which this editor believes could be avoided through legislative amendments to the American patent regime. Similar issues […]

Agreement, of a Sort, Reached on The Unified Patent Court

As has already been widely reported, on Friday 29 June 2012 the European Council agreed on what has been presented as the final step on the long road to the Unitary EU Patent and a Unified European Patent Court.

Is it Too Early for a 5-D Apple?

Apple is closing the gap to making full virtual reality a possibility.  On July 24th 2012, the U.S. Patent and Trademark Office granted the company a patent for its groundbreaking 5 dimensional technology. The Invention will incorporate virtual reality gloves, next generation sensors and touch screens to better immerse a user.

Winners of the Gowlings Best Blog in IP Law and Technology Prize

IP Osgoode would like to congratulate the winners of the Gowlings Best Blog in IP Law and Technology Prize for 2011-2012.  Four prizes in total are awarded each year to Osgoode students.  The winning blog posts are featured in the IPilogue. Recipients also receive a $500 award, are announced at Convocation and receive a permanent […]

Streaming of a Live Sporting Event is not a User Right

On May 13, 2012, the Supreme Court of Israel gave a landmark decision in Civil Appeal 9183/09 The Football Association Premier League Ltd v John Doe. The Court overturned a controversial decision by Judge Michal Agmon-Gonen of the District Court in Tel Aviv-Jaffa. In that case, Judge Agmon-Gonen used the mechanism of legal transplantation to […]

Imperial Tobacco v Philip Morris: Product Packaging Alone Creates Consumer Confusion

On June 29, the Federal Court of Appeal allowed in part Imperial Tobacco’s lawsuit against Philip Morris, holding that the appearance of Imperial Tobacco’s packaging was in and of itself a trademark. The full decision may be read here.

What's the Value in a Broadcast Signal?

The term “value for signals” has been used by the CRTC since their 2010 decision, to stand for a regime where the originating broadcaster of a signal should (possibly) be in the position to recover compensation for the signal that is provided.

The Pentalogy: The Supreme Court Clarifies Canada's Copyright Law in Five Major Decision

On Thursday July 12, 2012, the Supreme Court of Canada rendered it's judgements in five major copyright cases. These judgements will shape Canada's copyright law for many years to come.

Considering Canada’s Supreme Court Decisions in this week’s WIPO Proceedings

As members of the international intellectual property community attend the 24th session of the Standing Committee on Copyright and Related Rights (SCCR), they are told to keep the spirit of Beijing alive, referring to the recently concluded Beijing Treaty on Audiovisual Performances. However, there is reason to keep another country’s spirit in mind as well. […]

Allergan Inc. c. Canada (Health), 2012 FC 767: Comity or Tragedy?

A somewhat confusing victory for Allergan Inc. was won on June 18th, as the Honourable Justice Hughes upheld their patent on COMBIGAN despite the fact that their invention was ruled to be obvious.  The Honourable Justice Hughes ruled in favour of Allergan by prohibiting the Minister of Health from issuing a Notice of Compliance (NOC) […]