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Jurisdiction

Branding the TPP: Trademark Pros & Problems

An overview of what the Trans-Pacific Partnership Agreement would change in Canadian policy The Government of Canada is inviting Canadians to read and comment on the Trans-Pacific Partnership Agreement (TPP), along with the government’s Summary of the Agreement, which provides an overview of how the TPP would affect Canada. The summary suggests that the largest […]

'Made in America’ 2015? The TPP and the Future of Canada’s Digital Economy

The Trans-Pacific Partnership (“TPP”) agreement pages of both the Office of the United States Trade Representative and the White House display an understandable, if not provocative, logo extolling that the trade deal is “Made in America”. For a trade deal whose negotiations spanned the length of President Obama’s term in office, this is hardly surprising: with the end of […]

Is Google “Feeling Lucky” at the Supreme Court?

  At the Supreme Court of Canada, Google Inc. will be searching for a more favourable ruling than it got at the Court of Appeal for British Columbia in Equustek Solutions Inc. v. Google Inc. The appeal stems from the BC Supreme Court’s granting of an injunction requiring Google to de-index certain websites from its […]

IP Osgoode Speaks Series Featuring Prof. Matthew Rimmer

The Trans Pacific Partnership: Copyright Law, the Creative Industries and Internet Freedom In a timely manner, only three days after the announcement of the conclusion of negotiations on the Trans-Pacific Partnership Agreement (TPP), Prof. Matthew Rimmer accepted our invitation and shared few of the hidden secrets behind the agreement as part of IP Osgoode speaks […]

Garcia v Google Inc.: Copyright Ownership, ISP Liability and the Future of Freedom of Expression

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 […]

Improper Motives: Federal Court Safeguards its Process Against “Copyright Trolls”

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 […]

The Curious Case of the Woodpecker and the Injunction

In Woodpecker Hardwood Floors (2000) Inc v Wiston International Trade Co, Ltd (2013 BCCA 553), the BC Court of Appeal denied an appeal to overturn an interlocutory injunction which enjoined the use of a registered trade-mark in an action for passing off.  This case is surprising, both due to its strange relationship with judicial precedent […]

"Meringue" is not an Ingredient in Lemon Meringue Pie: Defining "Identical Medicinal Ingredient"

What do cooking and chemistry have in common? Apparently, the former provides great analogies to explain the latter. Apotex has recently applied for judicial review of a decision of the Director General of the Therapeutic Products Derivative (TPD) concerning its generic drug, Apo-Telmisartan. While several issues were raised in the application, of particular interest was […]