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Diamonds are Forever: New Diamond Patents May Influence Market Development

The extremely variable pricing of diamonds has made them a historically difficult and unstable commodity to trade. However, recent advents in diamond technology have been patented, and industry insiders such as Martin Rapaport have suggested that diamonds will become akin to gold from an economic standpoint.

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 […]

The EPO Rules that Email Use will not Publically Disclose a Patent

Koninklijke Philips Electronics N.V. has survived a challenge against its “Display Device” patent by DSM IP Assets B.V. in a ruling by the Boards of Appeal of the European Patent Office (EPO) that tries to clarify the law around public disclosure of a patent and the use of email.

Rogers v. SOCAN: The SCC Streamlines its Stance on On-Demand Streaming

The much anticipated Supreme Court of Canada ruling in Rogers Communications Inc v Society of Composers, Authors and Music Publishers of Canada, 2012 SCC 35 (Rogers v SOCAN), culminated with a unanimous Court holding that on-demand transmissions of music streams made available by online music services constitute communications “to the public”.  Consequently, the on-demand streaming of […]

Where there’s Rum, there are Pirates

The history of the “Havana Club” brand rum is a long one.  It was originally produced and sold by the Arechabala family until 1960, when the Castro government confiscated their holdings without compensation.  Since this included the Arechabala’s rights to sell their rum, the Cuban government began selling the rum themselves under the stolen “Havana […]

A View to a Kill: Montreal ‘Body Parts’ Murder Brings Array of Secondary Legal Issues

When suspected Montreal “body parts” killer, Luka Magnotta, was detained in Berlin on June 4 following an international manhunt, only one small piece of a complex legal web was resolved. In addition to the ongoing murder investigation, digital issues involving web hosting of explicit content and concerns about trademark denigration have been thrust to the […]

It’s Official: Functionality is Uncopyrightable, Says the European Court of Justice

In November 2011, the Advocate-General of the European Court of Justice (ECJ), Yves Bot, issued an influential but non-binding legal opinion, positing that the functional aspects of computer programs should not be protected under copyright law. To do so would be against the interests of fair dealing, by preventing decompilation and reverse engineering, among other […]