When I first read the Supreme Court of Canada's landmark decision in CCH Canadian Ltd v Law Society of Upper Canada concerning the concept of originality in copyright law, I thought something was amiss. According to the Copyright Act, copyright shall subsist in every original literary, dramatic, musical and artistic work; however, "original" is not […]
An Ontario Superior Court has rejected a class action settlement between the publisher Thomson Reuters and a collection of Canadian lawyers and law firms, stating that the proposed settlement is not “fair, reasonable, or in the best interests of the Class Members.” The proposed settlement would have seen Thomson Reuters fund a trust for public […]
In a stunning decision recently released by the United States Court of Appeals for the Ninth Circuit, Google was ordered to remove the now-infamous film, “Innocence of Muslims”, from YouTube. While the ruling challenges traditional understandings of copyright ownership and protected expression under US copyright law, the Court’s unprecedented opinion also has significant implications for […]
The Federal Court granted an order compelling an internet service provider (ISP) to divulge the names and addresses of some 2000 account holders implicated in alleged copyright infringement over peer-to-peer (P2P) networks. This type of order is often associated with “copyright trolls” in other jurisdictions. However, in granting the order, Prothonotary Kevin Aalto attached conditions […]
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.
The re-posting of this analysis is part of a cross-posting collaboration with MediaLaws: Law and Policy of the Media in a Comparative Perspective.
Marco Bassini is the Managing Editor of MediaLaws, www.medialaws.eu, and a lawyer at Baker & McKenzie LLP’s office in Milan. The re-posting of this analysis is part of a cross-posting collaboration with MediaLaws: Law and Policy of the Media in a Comparative Perspective.
Who controls the British Crown? Who keeps illegal streaming down? The Federal Court of Canada does! (May the pop-culture references commence.) The Federal Court of Canada made international news by handing down one of the harshest copyright sentences in its history, a fine of over $10M. The defendant is only 23 years old.
In Cinar Corporation v Robinson, The Supreme Court of Canada ruled that a copyright protected work can be infringed not only by literal reproduction, but also by copying substantial features from a work. In the decision, which awarded damages to the author of a children's TV show, the court clarified the test for substantial reproduction... or did […]
My 10 week internship at Actavis’ Canadian arm (formerly known as Cobalt), through Osgoode’s IP Intensive Program coincided with a very exciting time for the company. The company recently expanded through a number of acquisitions to make it the third-largest generic pharmaceutical company globally, with commercial operations in more than 60 countries worldwide.