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Cross Border Issues

Poverty in the developing world: Should TRIPs really be repealed?

Tamsin Thomas is a JD candidate at Osgoode Hall Law School and is taking the Intellectual Property Theory course. In his article, “Some Realism about Indigenism”, Professor Michael Davis argues that TRIPs “is the biggest disaster faced by the Third World since the end of the territorial-based colonial era.” In the context of protecting traditional knowledge, he […]

The Inequitable Commons

Michael John Long is an LLM candidate at Osgoode Hall and is taking the Intellectual Property Theory course. The Romance of the Public Domain, as Anupam Chander and Madhavi Sunder see it, is the presumption that the public domain is a landscape where everyone has equal access to reap the riches found therein.  This ‘romance […]

Bangkok to Barcelona: Uncertainties loom large over the issues of sharing green technology for environmental protection

Nirav Bhatt is an LLM Candidate at Osgoode Hall Law School. From 2-6 November 2009, the meeting of the Ad Hoc Working Group for the ongoing negotiations under the United Nations Framework Convention on Climate Change (UNFCCC) and the Kyoto Protocol to enhance international climate change cooperation took place in Barcelona, Spain. The Barcelona talks […]

IP Osgoode Speaks: Justice Marshall Rothstein on Business Method Patents

Nirav Bhatt is an LLM Candidate at Osgoode Hall Law School. Last Friday, IP Osgoode hosted a guest lecture by Justice Marshall Rothstein of the Supreme Court of Canada as part of IP Osgoode’s speaker series.  He discussed subject matter patentability, business method patents and possible approaches that a Canadian court might take in deciding […]

India's Pre-Grant Patent Oppositions - A True Remedy?

Nigel D'Souza is a JD Candidate at Osgoode Hall Law School. I have finally returned home to Toronto after spending three difficult months in India. I have travelled to India before but never during the summer. Unfortunately, there was a drought during my stay in Delhi, with temperatures hovering around fifty degrees celsius on a […]

The Dominance of the Private Seed Sector and the Legislative Destruction of Farmers' Rights

Jasdeep Bal is a JD candidate at Osgoode Hall Law School and was an intern this past summer with the People’s Patent Group (PPG) in New Delhi, India. Currently, India’s domestic seed market is being overshadowed by the growing stature of Multinational corporations (MNCs), mainly due to their access to international germaplasm. Despite the dominant presence of […]

Fast-Tracking Cleantech Patents: What Choice is There?

Alex Gloor is a JD student at Osgoode Hall Law School. Cleantech is everywhere you look. Hybrid cars. Energy efficient appliances. Geothermal power. There is a global realization that continuing our coal-burning, energy guzzling ways are unsustainable, both because we will exhaust the planet of its resources and because of the uncertain, but certainly disastrous, […]

Interpreting 35 U.S.C. §271(f): Method claims not covered

In a recent decision, the U.S. Court of Appeals for the Federal Circuit (CAFC) ruled that method claims in patents cannot be infringed under 35 U.S.C. §271(f). This section of the Patent Act is meant to prevent the encouragement of infringing a U.S. patent in another jurisdiction, and it came about in response to a […]

The Efficacy Standard - India's New Patentability Criteria

Nigel D'Souza is a JD Candidate at Osgoode Hall Law School. I have been researching at Human Rights Law Network for over a month now and my findings are quite concerning. In terms of patent law, a skeleton based on international standards is in place but clarity is lacking. As mentioned in my previous post, […]

iPhones soon to find their way in China

Massive uncertainty looms around the future of Apple's iPhone as Apple hits a new pothole in its rough journey to release iPhones in the Chinese subscriber market. The reason behind this ambiguity is that the trade-mark "i-phone" for mobile handsets in China is already owned by a Chinese electronics firm Hanwang Technologies Co., thereby making […]