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IP

Moving from Property towards Policy: Intellectual Property as Cultural Policy

Nicole Aylwin is a Ph.D. Candidate in the Communication and Culture Graduate Programme at York University. "Cultural policies, in brief, are those that regulate what has been called the marketplace of ideas" -- Paul DiMaggio It may seem questionable to preface a post on intellectual property with a quotation that addresses cultural policy rather than […]

The Hazards of Mass Licensed Internet Digital Content For Film and Television Reuse

Tony Duarte (B.A., LL.B.) practices exclusively in the area of entertainment law and is an Adjunct Faculty member of Osgoode Hall Law School. Perhaps one of the most problematic rights clearance transactions for a producer of film or television production is the licensing of existing photos, film/video clips, or music to the producer for reuse […]

Alpha geeks, Golf Shoes, and the Waterloo Miracle

On Tuesday February 3, the Canadian Intellectual Property Council (CIPC), under the umbrella of the Canadian Chamber of Commerce, held a conference on the global threat of illicit trade. The conference brought together stakeholders interested in the protection of intellectual property rights within Canada and around the world. IP Osgoode’s Rex Shoyama was invited as […]

To rent or to own? That is the question.

In a recent blog article, Kevin Kelly proposes that ownership is not as important as it once was and discusses the many benefits of renting, leasing, licensing and sharing compared to owning. Kelly discusses this notion both in the context of tangible goods and intangible goods. In the article, Kelly is extremely thorough about listing […]

In Which Tom Brown Gets Googled, or why the Google Books settlement is a bridge too far

Chris Castle is Managing Partner of Christian L. Castle Attorneys, Los Angeles and San Francisco.  Google has reached a settlement of the "Google Books" case brought by the Authors Guild and the Association of American Publishers against Google and several of Google's library business partners in the Google Books enterprise.  (The 300-page settlement agreement has […]

The Grey-Market: Are the Benefits Worth the Costs?

Grey market goods are legally-produced goods obtained in a foreign country which are imported into a domestic market via an unauthorized distribution channel.  These parallel-import goods are typically obtained in a country where the cost of such goods are low enough so that the importer can sell them at a price lower than the domestic […]

Is the recession moving patents?

The global economic downturn continues to make its impact. A few months ago, I mentioned the possibility that patents might be used to leverage credit, in the face of cautious lenders. Bloomberg.com is reporting that firms might be more desperate: “Small-cap technology companies from Silicon Valley to Israel, struggling to raise enough money to survive […]

Public Sector IP Management in the Medical Sciences

The balance between private and public interests is usually the centre of most intellectual property policy debates, but this can be said to be especially significant with medical research performed by publicly funded institutions. In a nation such as ours where the health of our citizens is a responsibility of the government, public funds invested […]

Exploring Depreciation of Goodwill as a New Ground of Trade-mark Opposition

Sanjukta Tole is an Osgoode Hall alumnus and practiced with the IP Group of a large Vancouver law firm. In 2006, the Supreme Court of Canada released its decision in the case of Veuve Clicquot Ponsardin, Maison Fondee en 1772 v. Boutiques Cliquot Ltee, 2006 SCC 23 ("Veuve Clicquot"), in which the maker of the […]

Digital Games, UGC, and the Mainstreaming of Virtual IP Conflicts

Sara Grimes is a PhD Candidate with the School of Communication at Simon Fraser University. Digital games have evolved considerably in recent years, but from an IP perspective, one of the most interesting and significant shifts has been the introduction of user-generated content (UGC) into corporately-owned digital games and virtual worlds. Early evidence of the […]