All About 'The Bargain' at the 2014 Harold G. Fox Intellectual Property Moot
What an experience! Osgoode's team is back from their weekend of competition at the Harold G. Fox Intellectual Property Moot, and boy did we get a 'bargain'!
China’s Bitter Medicine for Gilead: SIPO Cancels Viread Patent
Last August, China's State Intellectual Property Office (SIPO) invalidated the core patent for Gilead Sciences' flagship drug Viread (as was reported by IPR Daily and a number of other news sources). This landmark ruling comes on the heels of recent changes to China's compulsory licensing scheme for pharmaceutical products. This quick-step of legislative reform followed by the […]
The Safety of Nova Scotia's New Cyber-Safety Act
A Nova Scotia court has issued the first order under the new Cyber-safety Act. Some critics have claimed the Act as being overly broad and unfair, while the government has defended it as a necessary evolution in the new digital world.
“World War Pink”: Victoria’s Secret and Thomas Pink Square Off in Dispute Over “Pink” Brands
The global branding dispute between Thomas Pink and Victoria’s Secret opened up a front in Canada last month. In the decision, Justice Hughes of the Federal Court found that Victoria’s Secret had standing to seek a declaration that use of marks associated with its PINK clothing line did not infringe or depreciate trade-marks owned by […]
Reality Check: Federal Court Rejects Bridgestone’s Hypothetical Channels of Trade Argument in Confusion Analysis
The Federal Court recently dismissed an appeal from the Trade-marks Opposition Board regarding confusion between trade-marks for Bridgestone's motor tires and Campagnolo's specialty bike accessories. What made this case especially interesting were the comments on arguments regarding "hypothetical channels of trade".
Talking “Open Innovation” in Plant Genetic Resources for Food and Agriculture
The contemporary global order for the promotion of innovation exaggerates the role of intellectual property (IP) as a closed proprietary model of knowledge production and protection. Partly as a boomerang effect of that order and/or partly as a coincidence of the phenomenal rise in the information and communication technologies, there has been increased gravitation toward […]
News on ISPs liability from Spain: YouTube not responsible for infringements of copyrighted materials. The second chapter of Telecinco v YouTube
Marco Bassini is the Managing Editor of MediaLaws, www.medialaws.eu, and a lawyer at Baker & McKenzie LLP’s office in Milan. The re-posting of this analysis is part of a cross-posting collaboration with MediaLaws: Law and Policy of the Media in a Comparative Perspective.
1st Guiding Case on Intellectual Property Now Available in English!
The re-posting of this blog is part of a cross-posting collaboration with the Stanford Law School China Guiding Cases Project.
Crowdfunding's Impact on Start-Up IP Strategy
Crowdfunding has been heralded as a revolutionary and democratic way to connect ordinary individuals with innovative projects they would like to support. The version involving equity investments in start-ups will be regulated under the U.S. JOBS Act of 2012.[i] But start-ups who use this legal pathway will become essentially “junior” reporting companies under the securities […]
Can Capitalism and Collaboration Co-exist? Tech Sector Cross-licensing and the Emergence of ‘Cooperative Competition’
In this year’s State of the Union address, US President Barack Obama reaffirmed his Administration’s commitment to addressing economic inequality by fostering the jobs of the future: “We know that the nation that goes all-in on innovation today will own the global economy tomorrow. This is an edge America cannot surrender.” In order to do […]