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patents

The Highs and Lows of Patenting Marijuana Strains

After over 95 years of prohibition, recreational usage of marijuana will be legalized nation-wide on October 17th. While the Cannabis Act will transform cannabis breeding from an illegal cottage industry to a legitimate profession, there has so far been no corresponding change in plant breed intellectual property protection. While there are some protections under existing Canadian law, they are weak […]

Reminder: Canada’s IP Writing Challenge – July 1st Submission Deadline

The deadline to submit an entry for the 10th annual Canada’s IP Writing Challenge is on July 1st, 2018! The winner from each category will receive a prize of $1000 (CAD), publication on the IP Osgoode website, and consideration for publication in the Canadian Intellectual Property Review and/or the Intellectual Property Journal.

What the End of NAFTA Could Mean for Patent Filing Trends in Canada

According to the IP Canada Report 2016, the USA is the top patent filer in Canada, with 17,966 applications in 2015, immediately followed by Canada, with 4,277 applications.[1] In 2015, the number of patent applications filed in Canada, by USA residents grew by 10%, while this number grew by only 2% for Canadian residents.[2] From […]

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 […]

IP Osgoode and Osgoode Hall Law School host intellectual property symposium in honour of Osgoode Prof. David Vaver, "Intellectual Property: Fuel for the Fire of Genius or Shelf Life of a Banana?"

Re-posted below is a media release from York University. TORONTO, Thursday, Nov. 16, 2017 – For nearly 40 years, Professor David Vaver has been a guiding force in the Canadian intellectual property (IP) landscape. On Monday, Nov. 20, IP Osgoode and Osgoode Hall Law School at York University will host a special symposium in honour […]

Broken Promises: Utility Standards and Patent Applications in Canada

The last day of June 2017 saw the Supreme Court of Canada (SCC) quash the controversial Promise Doctrine. The issue at hand in AstraZeneca Canada Inc v Apotex Inc was whether the Promise Doctrine should be held as the correct standard of utility under the Patent Act. The SCC’s ruling finds the Promise Doctrine unsound […]

Pole Vault in Rio 2016: A Contest of Skill or a Contest of Patents?

With the Rio 2016 Summer Olympics getting started on August 5th, there is no time like the present to explore the evolution of patents relating to the vaulting pole. Originally, pole vaulting was a practical way to cross obstacles, such as rivers or enemy walls. Inevitably, this led to competitions among Ancient Greeks, Cretans and Celts. […]

More Money, More Problems: The Science, the Law, and the Fight over CRISPR Patents

From Lab Bench to Court Bench: The Science, the Law, and the CRISPR Patent Dispute Whenever a new technology has the potential to be ground-breaking and extremely valuable, there are bound to be disputes about invention and ownership. From Nikola Tesla and Thomas Edison to the new space race, scientists and inventors are often driven […]

IP Year in Review 2014 - The Perpetual Motion of IP Law

Giuseppina D’Agostino is the Founder and Director of IP Osgoode, the IP Intensive Program, and the IP Osgoode Innovation Clinic, the Founder and Editor-in-Chief of the IPilogue, the Deputy Editor of the Intellectual Property Journal, and an Associate Professor at Osgoode Hall Law School.   2014 was another exciting year in intellectual property (IP) law. […]