In September 2012, United States patent reform legislation goes into effect. (The “America Invents Act.” or AIA, Pub.L. No. 112–29; House Report No. 112–98 ,112TH Cong., 1ST Sess. 2011. Referenced as “Report.”) The Report states that the AIA was the first “comprehensive patent law reform in nearly 60 years.” The legislative process took six years […]
What an experience! Following months of intense preparation, the fourth annual Harold G. Fox Moot took place last weekend – much to the enjoyment and satisfied relief of all those involved. With the competition now behind us, the team has a few reflections and words of thanks to offer. This year’s moot problem centered on […]
Advocate-General of the European Court of Justice (ECJ), Yves Bot’s opinion at the end of last year, on SAS Institute Inc. v. World Programming Ltd., was based on the High Court of England and Wales’ preliminary judgment for the same case. Issued on 29 November 2011, Adv.-Gen. Bot focused on specific provisions of Directives 91/250/EEC […]
On January 21, the WHO 130th WHO Executive Board (EB) adopted a resolution for agenda item 6.13 "substandard/spurious/falsely-labelled/falsified/counterfeit medical products” [SFFC]. The resolution is intended to address the growing prevalence of and the health risks associated with “deliberately and fraudulently mislabelled” pharmaceuticals.
It must have been really nice to have worked as an IP expert for the US Trade Representative (USTR) during the 1990s. Almost everything they proposed would become law. The global maximalist agenda had the large international institutions on its side. The golden age of international maximalism saw the creation of the WTO, the TRIPS […]
I was one of the lucky few that had the chance to take part in the inaugural IP Intensive program last term at Osgoode Hall Law School. Before coming to Osgoode, I was a musician for over a decade, so I was thrilled when I received the news that my placement was at the Society […]
Earlier this year, the Westminster Magistrates’ Court found that a young British student could be extradited to the United States to face allegations of copyright infringement. The United States Justice Department requested that he be extradited under the Extradiction Act, 2003 and the US-UK Extradition Treaty.
Last January, a Federal Court summary judgment held that the Aga Khan’s copyright in his literary works had been infringed by the publications of Nagib Tajdin and Alnaz Jiwa. The IPilogue drew attention to comments made in obiter stating that “it was not for a plaintiff in a copyright infringement suit to prove a lack […]
On Friday February 17th, Osgoode Hall will continue its tradition of annual participation in the Harold G. Fox Intellectual Property Moot and the 2011-2012 Fox Moot team has been hard at work preparing. Representing Osgoode will be: Alex Chang (Class of 2012) and Kyle Rees (class of 2012) in the role of the Respondent, Aaron Kucharczuk (class of 2012) […]
Access to information is generally important in a free and democratic society. It’s particularly important in the context of regulating drugs, medical devices, and other products. In Merck Frosst Canada Ltd. v. Canada (Health), the Supreme Court of Canada affirmed Health Canada’s decision to disclose certain information about Merck’s asthma medication Singulair®. The Court rejected […]