Home » Category: 'US' (Page 9)

US

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 […]

Can Capitalism and Collaboration Co-exist? Tech Sector Cross-licensing and the Emergence of ‘Cooperative Competition’

In this year’s State of the Union address, US President Barack Obama reaffirmed his Administration’s commitment to addressing economic inequality by fostering the jobs of the future: “We know that the nation that goes all-in on innovation today will own the global economy tomorrow. This is an edge America cannot surrender.” In order to do […]

Going the Way of the Doha? The TPP and Contested Intellectual Property and International Trade Linkages

It has been nearly twenty years since the Uruguay Round of World Trade Organization (WTO) trade talks that created the Trade Related Aspects of Intellectual Property Rights (TRIPS) Agreement. In the intervening decades, multilateral trade negotiations have stalled and international agreements relating to intellectual property (IP) law have trended towards bi- and plurilateral levels. And, […]

Inequitable Conduct in Canadian Patent Prosecution

The United States Court of Appeals for the Federal Circuit recently provided an example of when patents will be invalidated due to inequitable conduct. Canadian patent law presently has no comparable doctrine of inequitable conduct, but the US ruling provides an interesting comparative basis from which to discuss the duty of good faith in Canadian […]

A Moral Right to Graffiti?

A group of high-profile New York aerosol artists is attempting to invoke a seldom-used US statutory provision to prevent the destruction of a collection of buildings containing its works of graffiti. The buildings known as 5Pointz are an outdoor art space for aerosol artists and the self-described “graffiti Mecca” of the world. Over the past […]