Competition
How the IP Strategy Could Transform Canadian Innovation
This article was originally published by The Centre for International Governance Innovation. It was a “hallelujah moment,” so to speak, when the Government of Canada announced its national Intellectual Property (IP) Strategy, highlighting IP as a priority for the country. After decades of neglect, IP is finally getting the attention it rightly deserves from Ottawa. […]
Money Talk(s) and Competition Conflict: The CTS17 Regulatory Blockbuster
Earlier this month, I attended the 2017 Canadian Telecom Summit and covered the Regulatory Blockbuster panel. The Regulatory Blockbuster is an annual event where regulatory representatives from telecom companies (this year, TELUS, Rogers, Bell, and TekSavvy) and other representative stakeholders (this year featured the Public Interest Advocacy Centre) debate regulation, pricing, and future challenges to […]
SEPs and the Swinging Pendulum
American IP scholar Mark Lemley aptly characterized the dynamic relationship between IP and competition law as a swinging pendulum, in which antitrust enforcement of IP has cycled from under-protection to over-protection since the enactment of the Sherman Act in 1890. The United States Supreme Court’s recent affirmation of antitrust scrutiny in patent litigation indicated that […]
Certainly Commendable but Perhaps not Practical – Canada’s Competition Bureau Releases Guidelines on Pharmaceutical Patent Litigation Settlements
On September 23, Canada’s Competition Bureau (“the Bureau”) announced landmark guidelines regarding the consideration of pharmaceutical patent litigation settlements under Canada’s competition law framework. The Bureau’s guidelines on this issue were released as part of a white paper titled Patent Litigation Settlement Agreements: A Canadian Perspective. These settlement agreements attract concern from competition regulators due […]
Alice Corp., Software Patents, and Lighting the Rabbit Hole of Abstract Ideas
It’s often hard to recognize the evolving nature of legal regimes amidst the fast-paced and so-called revolutionary social and technological changes facilitated by digital and networked technologies. Laws, norms, and conventions developed over centuries are being problematized and rethought as new social, technological, and economic realities emerge. Computer software, a technology that’s mainstream adoption is […]
Would a Keyboard by Any Other Name Feel as Sweet? BlackBerry Sues Ryan Seacrest’s Typo
BlackBerry is suing Ryan Seacrest’s iPhone keyboard case company Typo for patent infringement. The suit – which also alleges trade dress infringement, dilution, unfair business practices and unjust enrichment – has garnered headlines in Canada and the US.
Announcing Canada's 6th Annual IP Writing Challenge
Professor Giuseppina D’Agostino is the Founder and Director of IP Osgoode. Michel Gérin is the Executive Director of the Intellectual Property Institute of Canada. The Intellectual Property Institute of Canada (IPIC) and IP Osgoode are delighted to announce our 2014 Canadian writing challenge in intellectual property law.