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IP Intensive

IP Intensive: 10 Weeks at SOCAN - Getting Immersed in the World of Copyright Collectives

This past fall, as part of Osgoode's Intellectual Property Law & Technology Intensive Program, I spent ten weeks at the Society of Composers, Authors and Publishers of Canada (SOCAN). This was my first choice of a placement organization, because I was seeking not just experience in copyright law, but also experience in civil litigation. From […]

IP Osgoode Sneak Preview for 2016

Happy new year! IP Osgoode is happy to be kicking off 2016 with a dynamic series of events and activities. Adding to this excitement is the fantastic news about The Honourable Mr. Rothstein’s appointment as a Distinguished Visiting Professor at Osgoode Hall Law School (OHLS). Mr. Rothstein will be involved with some our activities and […]

IP Intensive Video & Info Session

Welcome back everyone to another new and exciting year with IP Osgoode!  We would like to start the new year by showcasing one of our core programs, Osgoode’s Intellectual Property Law and Technology Intensive Program (“IP Intensive”).  We invite all 1L and 2L Osgoode students to join IP Osgoode at Osgoode’s Clinical Education and Intensive […]

The Not-So-Obvious Aspects of an Obviousness-Type Double Patenting Analysis

The granting of a patent has often been described as a bargain [1] between the government and the patentee. In exchange for the exclusive right [2] to make, construct, use and sell their invention, the inventor will disclose the details of their discovery and, upon the patent's expiry, the invention will be made available to […]

What Should Be Included in a Canadian Orphan Drug Regulatory Framework

As the new Liberal government turns its mind to the application of substantive policies, it will have to decide what to do with the Canadian orphan drug regulatory framework (ODRF) that has been in development. This framework, based in large part on the example of the United States Orphan Drug Act (US ODA), which has […]

Attacking the Attack Ads: Broadcasters Strike Back

Political attack ads are a Canadian electoral staple, compressing incriminating, damning and provoking footage into 30-second media bites. Typically, the subject matter is harvested from archived footage of the target captured under the media’s ever-watchful lens. Political parties have freely taken to exploiting news materials without the consent of originating news agencies. Broadcasters strongly condemn […]

Don’t Shoot The Messenger - Authors Guild v. Google, Inc.

Jim Bouton, one of the designated hitters represented by the Authors Guild took another swing at Google Books services program in the United States Court of Appeal (2nd Circuit) (“the Court”). The Court rejected the copyright challenge brought forward by the Authors Guild and concluded that Google’s activities were transformative in nature and thus fell […]

Small Claims Court Makes Some Big Decisions about Fair Dealing and TPMs

In the recently released decision 1395804 Ontario Limited c.o.b. Blacklock’s Reporter v Canadian Vintners Association, the Ottawa small claims court ruled in an interesting way on fair dealing that might have some far-reaching implications if nothing overrules it. Reading a strict interpretation of CCH and the Copyright Act, deputy judge Lyon Gilbert reached the conclusion […]

US: Safe Harbour No Longer

On October 6, 2015, the European Court of Justice declared that the Safe Harbour program - a framework which allowed efficient transfer of personal data between European Union (EU) member states and the US - was invalid. Over 4,000 companies, including data giants such as Facebook, Microsoft, and Google, relied on the Safe Harbour program […]

ASCAP and BMI Consent Decrees Review: Should Partial Rights Withdrawals be Allowed?

Last year the US Department of Justice (DOJ) announced that it was opening a review of antitrust consent decrees that govern the activities of two major US performing rights organizations (PROs): the American Society of Composers and Publishers (ASCAP) and Broadcast Music Inc. (BMI). The organizations administer public performance rights and collect royalties on behalf […]