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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 […]

Avoiding Poison Apples and Tending to Blackberries: Did Canada’s 1989 Shift To First-To-File Nip Small-Time Innovation In the Bud?

New legal research from the University of Pennsylvania Law School suggests so. The aim of the study, according to Professors David S. Abrams and R. Polk Wagner, is to empirically predict how the recent changes to American patent laws, introduced by section 3 (s3) of the Leahy-Smith America Invents Act (AIA), will affect American innovation after […]

Software Becomes that Much Harder to Patent in the United States

In the recent decision of Bancorp Services v Sun Life Assurance Company of Canada (U.S.), the United States Court of Appeals for the Federal Circuit has attempted to reconcile the eligibility of software and business process patents with previous decisions from the United States Supreme Court. The holding also makes qualifying patent eligibility in business […]

The Tale of the Uni-Brower: Trade-marking Sports Catchphrases

Anthony Davis, formerly NCAA college basketball’s breakout star, and presently the New Orleans Hornets’ #1 draft pick, might soon be following in the footsteps of fellow NBA player Jeremy Lin, although those steps won’t necessarily be on the court as his team’s top-scorer.

Desperate for a Partnership?

Canada has been lobbying to enter the Trans-Pacific Partnership (TPP), and its efforts have seemingly paid off with an exclusive invite to the secretive nine-member club on June 19, 2012. With Ottawa championing its economic benefits and potential, there are many asking a simple question – what have we given up?

R.I.P. ACTA (For Now)

While North American IP enthusiasts had likely been pre-occupied with the controversy surrounding the stalled American anti-internet piracy bills known as SOPA and PIPA (covered by IP Osgoode here), Europe has been struggling to deal with the Anti-Counterfeiting Trade Agreement (ACTA). Even though it was designed to be an international framework for improved intellectual property […]

Government Innovation Choices after Rio + 20 and the Need for Further Study

At the Rio + 20 United Nations Conference on Sustainable Development — which followed by forty years the Stockholm Declaration of the United Nations Conference on the Human Environment and by twenty years the Rio Declaration on Environment and Development — the negotiators sought to “reinvigorate political will and raise the level of commitment by […]