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Jurisdiction

ICANN See Some Problems: New Domains and Freedom of XXXpression

Turns out the internet isn’t all about porn. Just kidding, it mostly is. But underneath the debate sparked by the .XXX domain question at last week’s international website regulatory conference are a series of fundamental issues about internet freedom of expression, the process for determining what new URLs will be on offer, the tension between […]

End of the Road for Christian Louboutin v. Yves Saint Laurent

The re-posting of this analysis is part of a collaboration with Ashlee Froese. It appears that fashion's most infamous case has finally come to a close. Both parties seemingly came away from the Appeal decision satisfied: Christian Louboutin's trade-mark registration remained valid and exclusivity was maintained with respect to red soles with contrasting shoes; Yves Saint Laurent was […]

Sunny with a Chance of Chill: Forecasting EU's New Cloud Computing Strategy

At the risk of raining on the EU's cloud parade, the European Commission's recently unveiled report, “Unleashing the Potential of Cloud Computing in Europe”, also threatens to unleash a legal storm of international regulatory ordeals, multi-jurisdictional issues, privacy and security battles, and commercial liability. Alas, that is the price of technological ambition: one is always waiting for […]

Reply all: BCer launches privacy class action against Google

A Sechelt resident has filed a class action suit with the British Columbia Supreme Court against tech superpower Google Inc. The claim alleges privacy and copyright violations committed by the Gmail content scanning process, which includes digital review of correspondence between Gmail users and users of other, non-Gmail accounts.

The Race for the Next Innovative Visionary

Entrepreneurs create ideas that turn into worldwide sell-out products.  Whichever country has the talent to conceive of these products will have a thriving economy.  For these reasons, various governments are developing programs to attract entrepreneurial talent to their country.  It is, therefore, not surprising that both the Canadian and American governments have announced their intentions […]

Japanese Scientists Crack Eggs-From-Stem-Cells Puzzle

Japanese scientists report they have, for the first time, grown mammalian eggs from stem cells and that these artificially created eggs were used to produce healthy offsprings. This advancement is being called the beginning of the end of the long search for the holy-grail of reproductive biology.

Region Codes and the Territorial Mess

Intellectual property rights are territorial by nature. Copyright holders cannot yet obtain unitary protection throughout the world. Instead, they obtain rights in Australia, Brazil, China, France, South Africa, and the United States. What type of rights they obtain, how strong these rights will be, and whether the rights will be effectively enforced depend largely on […]

Intellectual Property and Human Rights in the Nonmultilateral Era

In the past decade, the European Union and the United States have actively established bilateral, plurilateral, and regional trade and investment agreements. While the United States developed free trade agreements (FTAs), with a strong focus on trade, investment, and related areas, the European Union negotiated both FTAs and economic partnership agreements (EPAs) with its trading […]

Trademarks: Louboutin’s Sole Rights Affirmed

In a recent victory for French design house Christian Louboutin, a New York appeals court has ruled that Louboutin can trademark its shoes’ iconic red sole since it is a defining feature of an authentic Louboutin product.

Genetic Testing Patents: USPTO Presents the 'Generic' Comments

The current system for genetic testing in America functions by having the patent holder of a particular genetic test control the testing process and results interpretation of that test. There is concern that, inherent in that current system, there is a lack of independent second opinion testing available - testing which has the potential to make […]