Although a patent is typically seen as a right to exclude others, the willingness of American courts to automatically provide that right through a permanent or preliminary injunction has been affected by the Supreme Court of the United States in Ebay v. MercExchange (547 U.S. 388 (2006)). In a recent article, Prof. Richard Epstein argues […]
As a part of my undergraduate studies, I took a course in business strategy, and one of the most memorable topics was technological lock-in. We were taught that there is explicit value in being a technological first-mover because such businesses can create switching costs for purchasers by establishing a proprietary standard in a new market. […]
Keldeagh Lindsay is a first year law student at Osgoode Hall and is taking the Legal Values: Challenges in Intellectual Property course. Canada’s Access to Medicines Regime (CAMR) is an amendment of the Patent Act following the 2003 WTO Decision to waive certain intellectual property rights, with the aim of providing low-cost generic pharmaceutical medicines […]
Although copyright issues have consumed the spotlight when it comes to Google Books, a recent thread has suggested that this feature may be of great use when it comes to patent prosecution. More specifically, the suggestion has been that Google Books has potential to become useful for prior art searching undertaken during preparation of a patent […]
In recent years, there has been a growing concern about the increasing levels of greenhouse gas emissions and their detrimental effect on the environment. To respond to this concern, countries have agreed to abide by world-wide abatement targets by reducing CO2 emissions to a certain level. However, curbing greenhouse gas emissions in developing countries has been […]
Stephanie Anderson is a first year J.D. candidate at Osgoode Hall Law School. The United States has long been awaiting Congress to finally agree on proposed patent reform issues, and it seems the anticipation may soon end in the coming months for scientists and researchers. Preliminary hearings are scheduled for March and April of this […]
In a move that signals a completely new approach in its industry, pharmaceutical giant GlaxoSmithKline (GSK) has announced that it will participate in a patent pool to allow access to patented chemicals and processes for development of treatment options relating to neglected diseases. The pharmaceutical industry has long taken criticism for the price of medicines, […]
Professor Shamnad Basheer (National University of Juridical Sciences, Kolkata) is an IP Osgoode Research Affiliate and is also the founder of SpicyIP, a leading blog dedicated to analyzing IP and innovation policy news and cases from India. Glivec, a path-breaking anticancer drug by Novartis propelled Indian patent law onto the world stage in an interesting […]
N. Ayse Odman Boztosun is Associate Professor of Law at Erciyes University Law Faculty, Kayseri, Turkey. She holds two master degrees from Oxford University where she has successfully submitted a thesis on the analysis of the competition law provisions in TRIPs. Her PhD thesis was on the mutual role of IPRs and competition law in […]
Ever wondered who is the most responsible for flooding the US courts with frivolous patent litigation suits over the past decade? While most fingers will inevitably point towards the so called “patent trolls”, the recent study proposed by Nathan Myhrvold in collaboration with the Stanford University Law Professor Mark Lemley is determined to bring the […]