Home » 2013 » May

The Arithmetic of Fair Dealing at the Supreme Court of Canada

In the 2012 Supreme Court of Canada copyright cases, the Court found an opportunity to redefine the law of fair dealing in Canada. While the Court acknowledged that fair dealing is a question of fact, and thereby properly adjudicated by triers of fact like the Copyright Board of Canada, the Court stepped in to revisit […]

(Gift) Carded in the US Court of Appeals

Gift cards are everywhere. They are in envelopes as gifts for your friends on their birthdays. They are in your own wallet for your favourite stores. Gift cards are also in the United States Court of Appeals.

Can Apple Unlock a Benefit to the Smartphone Patent Wars?

There have been many high profile court cases of patent infringement in the past year, culminating in a headline-topping $1 billion award for Apple against Samsung. Even with massive awards like this, at the end of the day, has the patent system produced a net benefit for Apple and the smartphone industry as a whole?

Law, Culture, Critique

On May 10, 2013, York University’s Osgoode Hall Law School Graduate Law Student Association (GLSA) held a two day Graduate Student Law Conference at the Oakham House at Ryerson University in downtown Toronto.

EU Moving Toward New Trade-Mark Regime

The European Commission has proposed amendments to the Community Trade Mark (CTM) Regulation and Trade Marks Directive. The primary function is to harmonize EU member trade-mark laws. This bureaucratic hygiene aim – which resulted in a mixture of trade-mark rights expansion and contraction – stands in contrast to the current, controversial and (in my opinion) […]

A Cautionary Kudos: Canada Moves Up on USTR IP Watch List

Earlier this month, the United States Trade Representative (USTR) released its annual “Special 301 Report,” which evaluates the intellectual property rights (IPR) protection and enforcement of its trading partners. Over the last few years, Canada has been listed on the “Priority Watch List”, which is reserved for countries that have the most deficient IP protection […]