Canada Day is fast-approaching. This means it’s also time to prepare your submissions to Canada’s IP Writing Challenge! The submission deadline is Monday July 1, at 5pm. The winner from each category will receive a prize of $1000 (CAD), publication on the IP Osgoode website, and consideration for publication in the Canadian Intellectual Property Review […]
A recent Ontario Superior Court ruling has attracted the attention of the copyright law community. On January 24th Master Abrams allowed the Delta Hotels v. Backus-Naur et al. motion pleading equitable ownership of copyright, an equity doctrine in many Commonwealth countries that is currently not legally recognized in Canada.
As the author of the highly publicized decisions of Kerwhizz and Temple Island Collections, Judge Birss of the England and Wales Patent County Court (PCC) is no stranger to controversy. In his latest judgment, Suh v Ryu, Birss J appeared to settle a relatively straightforward procedural matter. Closer scrutiny reveals that his reasons are reflective […]
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 […]
Brian Chau is a JD candidate at Osgoode Hall Law School. Brian J. Love, a teaching fellow at Stanford Law School, conducted an empirical analysis of litigation by various classes of patentees in a randomly selected sample of 1,143 patents issued from May 11, 1993 to May 10, 1994. The draft paper, entitled "An Empirical […]
Mekhala Chaubal is a JD candidate at Osgoode Hall Law School. A recently-decided US case (Louis Vuitton Malletier SA v. Akanoc Solutions Inc.) has trumped Canada’s largest LVM settlement so far (Louis Vuitton Malletier SA v. Singga Enterprises Inc). While the company is arguably only protecting its market share as one of the world’s premier […]
Brian Chau is a JD candidate at Osgoode Hall Law School. In Canada and the United States, copyright owners may elect to recover an award of statutory damages for each work infringed instead of actual damages and profits. A wide range of statutory damages is possible and this has led to a series of troubling […]
Tracy Ayodele is a JD candidate at Osgoode Hall Law School and currently enrolled in Professor Ikechi Mgbeoji's Patents course, in Fall 2011. As part of the course requirements, students are asked to write a blog on a topic of their choice. Concerns surrounding expert testimony before the Courts, primarily the independence of experts, the length of […]
Nora Sleeth is a JD candidate at Osgoode Hall Law School. On September 16, 2011, President Obama signed the America Invents Act, initiating the most significant development in American patent law since 1952. The reforms are intended to aid inventors in bringing their inventions to market with the aim of improving business and employment opportunities. […]
Ken Anderson is a JD Candidate at Osgoode Hall Law School and currently enrolled in Professor Ikechi Mgbeoji's Patents course, in Fall 2011. As part of the course requirements, students are asked to write a blog on a topic of their choice. In August 2010, amendments to the Federal Courts Rules respecting expert witnesses came into effect. […]