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Are totipotent cells patentable in Canada?

Greg Hagen is an Assistant Professor in the Faculty of Law at the University of Calgary. While James Thomson's claims to primate embryonic stem cells in U.S. Patent 5,843,780 (granted December 1st, 1998) were finally upheld on reexamination by the U.S. Patent and Trade-mark office in 2008, no Canadian patent was ever granted on these […]

Internet Textbook Businesses Could Help Curb Textbook Piracy

Funding for higher education has always been a touchy topic for politicians.  While few dispute that an educated population is beneficial for society, it is often less clear who should foot the bill for this benefit.  Of course, a large part of the cost is tuition, but more and more, the costs of textbooks are […]

Reversing the vicious circle of custom

Wendy Gordon is the Philip S. Beck Professor of Law, Boston University School of Law, and is currently serving as the Bacon-Kilkenny Distinguished Visiting Professor of Law at Fordham University School of Law. Now that Apple is removing DRM from its itunes songs, newspapers are trumpeting the move in ways like this: "COPY AN ITUNES […]

Anti-Counterfeiting: The Success of Louis Vuitton

Sanjukta Tole is an Osgoode Hall alumnus and practiced with the IP group of a large Vancouver law firm. In 2008, Louis Vuitton Malletier S.A. and Louis Vuitton Canada Inc. (collectively "LV"), the famous luxury goods maker, made headlines when it was awarded damages of over $1,000,000, the highest amount ever awarded in a counterfeit […]

Recognizing Canada's Public Domain

Carys Craig is an Associate Professor at Osgoode Hall Law School. In copyright law, the term "public domain" is commonly used to describe the sphere in which contents are free from copyright protection. The typical example is that of a work whose protection has expired, or one that fails to meet the minimum requirements.  Such […]

IPRs and the Second Coming of a Knowledge Economy: From Anomie to Utopia?

Ikechi Mgbeoji is an Associate Professor at Osgoode Hall Law School. An interesting phenomenon in civilised circles these days is the wonderful ability of both the popular and academic commentariat to reduce or at least purport to reduce complex issues to convenient and potable sound-bites. Perhaps, the benevolence of "experts" in sparing members of the public […]

Continuing Uncertainty Over the Protection of Well-Known Marks in the United States

Graeme Dinwoodie is a Professor of Law at the Chicago-Kent College of Law and is an IP Osgoode Research Affiliate. The well-known marks doctrine provides an exception to the general rule of territoriality and will protect a foreign mark that is well-known but not used in the United States.  Although it has long been assumed that […]

A plea for disciplinary disloyalty in intellectual property studies

Graham Dutfield is Professor of International Governance at the University of Leeds and is an IP Osgoode Research Affiliate. This is a plea for disciplinary disloyalty in intellectual property studies. I realise that sounds very bad - what's good about disloyalty? But it's not in the way I mean it. I am a geographer of […]

Patents and competition: new evidence on abuses in the pharmaceutical sector

Professor Correa is the Director of the Center for Interdisciplinary Studies of Industrial Property Law and Economics, University of Buenos Aires and is a member of IP Osgoode's International Advisory Council The objective of the patent system is to promote innovation. There is growing evidence, however, about the strategic use of patents as a tool […]

Jason Kee: IP Trends in the Video-Game Industry

On Thursday, December 11, as part of the IP Osgoode Speaks series, Jason J. Kee, the Director of Policy & Legal Affairs for the Entertainment Software Association of Canada (ESAC) gave a talk on intellectual property issues in the computer and video gaming industry. The event, held downtown Toronto at Ogilvy Renault’s office, provided lawyers […]