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Intellectual Property

Medical Justice or an Unjust Medical Practice?

Dan Whalen is a JD candidate at Osgoode Hall Law School. Since 2002, at least one company, Medical Justice, has been offering physicians the opportunity to quiet the online voices of dissatisfied patients through a unique manipulation of copyright law. As this service has become more popular among physicians, closer scrutiny has become warranted. Unfortunately for […]

US Government Seeks to Tighten IP Rights Protection

Dan Whalen is a JD candidate at Osgoode Hall Law School. In an effort to curtail intellectual property infringement, the Obama administration released the first Annual Report on Intellectual Property Enforcement. The administration announced that it plans to send the proposal to US Congress “in the very near future” to begin shaping its recommendations into […]

Has the Cap Been Blown Off the Coca Cola Secret?

Dan Whalen is a JD candidate at Osgoode Hall Law School. An American radio program claimed to have discovered “one of the most jealously guarded trade secrets in the world”: the formula for Coca Cola. The eponymous company, which has gone to extraordinary lengths to guard the secret recipe since its creation in 1888, emphatically […]

Saskatchewan Court Holds Copyright and Trademarks Not Eligible for Seizure from Debtors

Leslie Chong is a JD Candidate at Osgoode Hall Law School The Queen’s Bench for Saskatchewan has ruled in Wira v. Jubilee Enterprises Ltd. that The Executions Act in their province does not allow for the seizure of copyright and trademarks from judgment debtors. This decision runs contrary to the longstanding precedent set in the […]

RIM’s Battle for Information Privacy, Market Share, and its Reputation

Robert Dewald is a J.D. Candidate at Osgoode Hall Law School  Canadian telecommunications giant Research in Motion (RIM), which manufacturers the popular BlackBerry, has reportedly offered information and tools to assist India’s government in monitoring encrypted emails and messaging services (Reuters).  India, which had threatened to shut down the BlackBerry service, is the latest country to […]

Keyword Advertising: When are competitors allowed to use your trademark?

Robert Dewald is a JD Candidate at Osgoode Hall Law School Online keyword advertising, using internet search engines such as Google and Yahoo!, continues to be a highly contentious area of the law.  Litigation involving trademark infringement by competing companies in keyword advertising campaigns continues in Canada and around the world.  In Canada, it appears […]

Henley v. DeVore: Musical Copyright Protection and Political Parody

Robert Dewald is a JD Candidate at Osgoode Hall Law School The race for political office is competitive and fraught with risk where adversaries seek out support by advertising and creating political platforms to appeal to the majority of voters.  As the cost of political campaigns mount, politicians on the campaign trail seek advantages whenever […]

Online Keyword Advertising: Misleading Customers? Or Providing Alternatives?

Robert Dewald is a JD Candidate at Osgoode Hall Law School Online advertising is a growing and lucrative business.  In 2009, $22.7 billion USD was spent on online advertising within the U.S. which is projected to grow to $25.1 billion USD by 2010.  A significant amount of this revenue is generated by Google, Yahoo and […]

Bill C-32: Copyright and Education in the Digital Age

Robert Dewald is a JD Candidate at Osgoode Hall Law School Technology plays an important role in today’s educational institutions by providing easy access to and distribution of music, art, literature and other information that forms the foundation of a person’s education.   Yet the innovation and technological advances that have created powerful teaching tools, such […]

Patentability of Computer Programs in Europe

Robert Dewald is a JD candidate at Osgoode Hall Law School On May 12, 2010 the Enlarged Board of Appeal of the European Patent Office (EPO) responded to several questions posed by the President of the EPO, Ms Alison Brimelow, regarding the patentability of computer programs in Europe.  The resounding answer to these questions, provided […]