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Commercialization

Revisiting the Utility Requirement

Stuart Freen is a JD candidate at Osgoode Hall Law School. It is no secret that there have been plenty of absurd patents issued over the years. The gerbil shirt, anyone? Of the three main requirements for patentability, utility definitely tends to have the lowest bar (novelty and non-obviousness being the others). Particularly in Canada, […]

Canada Still in Search Of Answers to the Digital Media Conundrum

Vincent Doré is a JD/MBA Candidate at Osgoode Hall Law School and Schulich School of Business. Over 2000 people convened in Stratford, Ontario this week for Canada 3.0: Canada’s Premier Digital Media Forum.  This 2-day conference was created in an effort to bring together the best minds from the digital media space to collaboratively develop […]

The Endowment Effect: IP and Human Rationality

Brian Chau is a JD Candidate at Osgoode Hall Law School. In a recent article, Christopher J. Buccafusco and Christopher Jon Sprigman consider whether IP transactions are subject to “endowment effects”. The endowment effect is a human behavioural phenomenon in which an individual’s perceived value of an object they own is greater than the value prescribed by […]

Implications and Meaning of a Perpetual Licence

Virgil Cojocaru is a JD candidate at Osgoode Hall Law School. In BMS Computer Solutions Limited and AB Agri Limited the meaning and interpretation of a perpetual licence came under debate in an application for summary judgment. The dispute concerns an animal feed maker, AB Agri (Agri), and BMS Computer Solutions (BMS), the software developer. […]

Building new models for innovation and R&D requires effective collaboration

Dr. Stan Shapson is Vice-President Research and Innovation at York University.  I recently gave a talk at a conference hosted by IP Osgoode and the Hennick Centre for Business and Law, which centred on the development of strong public/private sector collaborations in an emerging new paradigm for innovation.  With the challenge of a changing external […]

Could Patent Trolls Save Innovation?

Stuart Freen is a J.D. candidate at Osgoode Hall Law School and is taking the Patent Law course. Non-practicing entities (NPEs) are rarely depicted in a positive light. Particularly in the IT sector, NPEs or “patent trolls” as they are often called are characterized as opportunistic extortionists, amassing large and strategic patent portfolios without actually conducting […]

How to Approach Non-Practicing Entities

Virgil Cojocaru is a JD candidate at Osgoode Hall Law School. Using various processes or technologies is a minefield. Patent trolls or non practicing entities (NPE) are a large part of the problem. Knowing how to deal with their likes becomes a matter of legal tactics and strategy. However, before getting into potential solutions, we […]

2010 Conference on Entrepreneurship, Innovation and Commercialization of Intellectual Property

Brandon Evenson is a 2010 JD Candidate at Osgoode Hall Law School. On February 11, 2010, IP Osgoode and the Hennick Center for Business and Law hosted their second conference on Intellectual Property, Innovation and Commercialization. Similar to last year’s conference the speaking panel and audience were composed of various stakeholders from government, industry and […]

IP and its crucial role in start-ups

Virgil Cojocaru is a JD candidate at Osgoode Hall Law School. These days governments are funding private sector enterprises. The public purse is increasingly used to aid businesses. However, many questions remain about the effectiveness of such a strategy. Josh Lerner, in his book, Boulevard of Broken Dreams: Why Public Efforts to Boost Entrepreneurship and […]

The Concept of Life and Neocolonialism

Jasdeep Singh Bal is a J.D. candidate (2011) at Osgoode Hall and is taking the Patent Law course. There is a disconnect between patent laws, which are reflective of Western Industrial and commercial theories, and Eastern philosophies. According to Scheper-Hughes and Lock, there are essentially three different ways in which a body is viewed, two […]