Home » 2012 (Page 20)

Kicking Off Canada’s IP Writing Challenge 2012

IP Osgoode and the Intellectual Property Institute of Canada (IPIC) are proud to announce the launch of Canada’s IP Writing Challenge 2012. Eligible candidates are invited to submit articles addressing a thesis of importance in an area of intellectual property law from a Canadian or international perspective.

Golf Swing Patent Application Denied by IPO

In July of 2008, William Kostuj filed an international patent application titled “Method Of Forming A Golf Swing And Equipment”. The UK Intellectual Property Office [IPO] has denied the application that sought to patent a means of developing a golfer’s swing style without the use of a golf club. The full decision may be read […]

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 […]

Copyright: [Skill and/or Talent?] and Judgment

A few weeks ago, while re-reading CCH Canadian Ltd. v Law Society of Upper Canada, [2004] 1 SCR 339 [hereafter CCH], I paused on a rather peculiar detail from this well-known Supreme Court decision.  Intrigued, after a brief search, I was surprised to find that no one in Canadian copyright discourse seemed to have expanded […]

A Note On Incentives, Rights, And The Public Domain In Copyright Law

Featured here is the first section of a paper by Abraham Drassinower, Associate Professor, Faculty of Law, University of Toronto. The paper was originally published in the Notre Dame Law Review. The full article can be found here. The idea that the purpose of copyright law is to provide incentives for creativity is among the most […]

Copyright Policy at Industry Canada: More Than a Dilbert Strip

This past fall, I was lucky to have the opportunity to intern at Industry Canada in Ottawa as part of the Osgoode IP Law and Technology Intensive Program. Industry Canada is a federal department that works to make Canada’s industrial sectors more competitive in the world market by attracting investors and traders.  The Department’s focus […]

Meltwater Holding BV v The Newspaper Licensing Agency Limited: Is Google Next?

On February 14th, 2012 following the High Court and Court of Appeal decisions, the UK Copyright Tribunal released an interim decision concerning the requirement of licensing agreements for media and news monitoring services in Meltwater Holding BV v The Newspaper Licensing Agency Limited. The Tribunal determined that services such as Google News and Alerts as […]

Patents for the Public Good

In September 2012, United States patent reform legislation goes into effect. (The “America Invents Act.” or AIA, Pub.L. No. 112–29; House Report No. 112–98 ,112TH Cong., 1ST Sess. 2011. Referenced as “Report.”) The Report states that the AIA was the first “comprehensive patent law reform in nearly 60 years.” The legislative process took six years […]

Reflections on the Harold G. Fox 2012 Canadian Intellectual Property Moot

What an experience! Following months of intense preparation, the fourth annual Harold G. Fox Moot took place last weekend – much to the enjoyment and satisfied relief of all those involved. With the competition now behind us, the team has a few reflections and words of thanks to offer. This year’s moot problem centered on […]

Advocate-General’s Gumption Could Keep the ‘Fun’ in Computer Functions

Advocate-General of the European Court of Justice (ECJ), Yves Bot’s opinion at the end of last year, on SAS Institute Inc. v. World Programming Ltd., was based on the High Court of England and Wales’ preliminary judgment for the same case. Issued on 29 November 2011, Adv.-Gen. Bot focused on specific provisions of Directives 91/250/EEC […]