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IP Year in Review 2017 - A Year of Promises Made, Kept, and Abandoned

This past year marks a year where the Government of Canada engaged more than ever on the IP front. The Government of Canada’s announcement of a National IP Strategy was welcome news for those interested in leveraging Canada’s intangible capital. As I noted on The Agenda with Steve Paikin, it was a “hallelujah” moment for […]

Privacy by Default: A Privacy and Cyber-security imperative in the IoT and Big-Data Age

The rapid growth of big data technologies and Internet of Things (IoT) devices mandates the modernization of the Canadian privacy legislation, which establishes protection from both private companies and government agencies. The necessity of the upcoming reforms to the Canadian Personal Information Protection and Electronic Documents Act (PIPEDA) and the Privacy Act was illustrated during […]

Can’t “Flea” from Louis Vuitton

Although there is no shortage of counterfeit products on the market, it is not everyday that a high fashion designer sues your local flea market. Recently, Louis Vuitton reportedly filed a lawsuit against Dr. Flea’s Flea Market for intentionally selling a handbag that was evidently in violation of Canadian trademark and copyright laws.

Not-So-Compulsory Licence: a Proposed (and Rejected) Solution to Copyright Infringement in Derivative Musical Works

In a recent MTV news article, author Miles Raymer opined over the “hopelessly broken” state of the US copyright system. While such a sweeping statement clearly oversimplifies the state of copyright law in the digital era, there may be some truth to it. Raymer focuses particularly on the tension between an ever-increasing market for derivative works […]

Fair Dealing: What Can Be (Fairly) Criticized?

“A picture is worth a thousand words.” That remark might be trite, especially in the era of selfies and Instagram, but a book is more than just words and a photograph is more than just ink– the sum of those parts will have meaning or will depict something beyond any constituent elements. When such a […]

No Laughing Matter: Copyright Protection for Jokes

Some people just can’t take a joke. Other people have taken jokes, and it has landed them in court. Two recent American copyright cases offer an opportunity to look at the difficulties of protecting comedy routines with copyright.

The Partnership on AI: A Modern Manhattan Project?

On June 29, Sam Harris delivered a TED Talk in which he posed the question: “can we build artificial intelligence without losing control of it?” He proposed the founding of “something like a Manhattan project on the topic of artificial intelligence” to answer his question. On September 28, leading Silicon Valley AI developers entered into a “Partnership […]

Big Telecom versus Video Games: Big Implications

As reported on Kotaku.com – "British Telecommunications, a multinational mega-conglomerate with origins dating back to the 1800s, is suing Valve, a video game company that can't count to three". British Telecommunications (BT) alleges that on-line services offered by Valve infringe on four U.S. patents held by BT. The patents at trial are broadly worded and could implicate […]

Stop Gaming the System, Gamers: Twitch Sues Over Fake Viewer Bots

As the New Yorker caption goes, “On the Internet, nobody knows you’re a dog.” Update that for 2016: on the Internet, nobody knows you’re a bot. Twitch, a video streaming platform that primarily broadcasts people playing video games, has filed a lawsuit in US District Court against those who sell bot software and services that […]

This is Why You Have an Editor: Politics, Plagiarism, and Copyright

The inescapable world of U.S. politics, especially in an election year, consistently offers much legal debate. Somewhat less often, politicians and their entourages accidentally wade into the domain of intellectual property law. Politicians have famously gotten themselves into controversies by using musical works without the artists’ permission (though, without strong moral rights in the U.S., […]