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Patents

Golf Swing Patent Application Denied by IPO

In July of 2008, William Kostuj filed an international patent application titled “Method Of Forming A Golf Swing And Equipment”. The UK Intellectual Property Office [IPO] has denied the application that sought to patent a means of developing a golfer’s swing style without the use of a golf club. The full decision may be read […]

Patents for the Public Good

In September 2012, United States patent reform legislation goes into effect. (The “America Invents Act.” or AIA, Pub.L. No. 112–29; House Report No. 112–98 ,112TH Cong., 1ST Sess. 2011. Referenced as “Report.”) The Report states that the AIA was the first “comprehensive patent law reform in nearly 60 years.” The legislative process took six years […]

Trade Secrets, Transparency, and Temporality

Access to information is generally important in a free and democratic society. It’s particularly important in the context of regulating drugs, medical devices, and other products. In Merck Frosst Canada Ltd. v. Canada (Health), the Supreme Court of Canada affirmed Health Canada’s decision to disclose certain information about Merck’s asthma medication Singulair®. The Court rejected […]

On Suspending SOPA and Piping PIPA Down

If the past month is any indication at all, 2012 is going to be an eventful year for intellectual property legislation, at least in the US and Canada. The controversy over the twin anti-digital piracy bills— the Stop Online Piracy Act (SOPA), and the Protect Intellectual Property Act (PIPA)— has gained much attention, particularly because […]

“Don’t Hide The Ball” – Best Mode in the US Patent System

  I am pleased to join you from south of the border. My work has been focussed in the United States. Intellectual property laws are very powerful and important today. Yet they are but part of the larger body of law in any country. They are also part of a developing fabric of international commercial […]

China’s Patent vs. Innovation Dilemma

With a well-deserved reputation for counterfeiting and knockoffs, we have rarely looked to China for innovation and invention. Nevertheless, as an ever-growing giant on the world’s economic stage, China has taken steps to remedy this deficiency. About a year ago, Thomson-Reuters released their second report on the nation’s patent prowess, suggesting that China’s patent will outpace Japan […]

Washington Declaration Cements the Role of Public Interest in IP Policy

Alysia Lau is a JD candidate at Osgoode Hall Law School who took part in the inaugural offering of the Intellectual Property Law and Technology Intensive Program (IP Intensive) in the Fall of 2011. As part of the course requirements, students were asked to write a blog on a topic of their choice. This past August, […]

Re-litigating Patent Validity In Re Construction Equipment Company

Brian Chau is a JD candidate at Osgoode Hall Law School. A recent case, In Re Construction Equipment Company, came through the US Court of Appeals, Federal Circuit, which highlighted potential conflicts between findings of validity that arise from re-examination on the one hand and an invalidity action on the other. This case appeared to […]

Expiry Notice: A Review Of EU Antitrust Rules And Technology Transfer Agreements

Courtney Doagoo is a doctoral student at the University of Ottawa, Faculty of Law. On December 6 2011, the European Commission launched a public consultation to review the current regulatory regime surrounding “EU antitrust rules for the assessment of technology transfer agreements” for “patents, know-how and software licensing”. The aim of the public consultation is […]

IP Osgoode 2011: A Transformative Year for Intellectual Property and Technology

Pauline Wong is the Assistant Director of IP Osgoode. Mekhala Chaubal is a JD candidate at Osgoode Hall Law School. 2011 will be remembered as a year of social movements and political upheavals in many parts of the world. This trend of transformation and development extended to Canadian and international intellectual property law. As a […]