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Intellectual Property Strategy For Artificial Intelligence

WHAT IS ARTIFICIAL INTELLIGENCE? Artificial intelligence (“AI”) is a technical field of computer science that includes machine learning, natural language processing, speech processing, expert systems, robotics and machine vision. The term “artificial intelligence” is sometimes challenged in favor of machine intelligence or machine learning. Machine learning automates decision making using programming rules and in some […]

IP Year in Review 2016 - An Honourary IP Osgoode Year!

As we get busy in 2017, it is always useful to reflect back to 2016 to see developments in the IP world that will set the stage for many ongoing changes that are already taking place in 2017. As usual, I have also included some IP Osgoode highlights (see the end of what I tried […]

What Makes It My Molecule: A Look at Professor Ronald Pearlman’s Genome Editing Work

This past November, Professor Ronald E. Pearlman from York University’s Department of Biology gave a talk [1] at Osgoode Hall Law School to discuss the potential of the innovative CRISPR genome editing system. Central to the talk was the evolving nature of genome editing technology and the ethical concerns that come with its growing breadth of […]

Utility Emphasis Lacking in the Examination of Aggregations

The distinction between combinations and aggregations is a well-accepted principle of patent law. A combination is an assemblage of known elements whose combined use leads to a result that is different from the sum of the results of the individual elements. Whereas, an aggregation is an assemblage of elements that each produce their expected result […]

The Price for Pokemon - How Much Are Childhood Icons Worth Protecting?

The Value of the Pokémon Franchise If you were born in the late 1980s or early 90s or have young children, you have probably encountered a red-cheeked mouse called Pikachu or any of the hundreds of other Pokémon that exist in the Pokémon media franchise. While the premise of catching colourful creatures is rather straightforward, […]

Not-So-Compulsory Licence: a Proposed (and Rejected) Solution to Copyright Infringement in Derivative Musical Works

In a recent MTV news article, author Miles Raymer opined over the “hopelessly broken” state of the US copyright system. While such a sweeping statement clearly oversimplifies the state of copyright law in the digital era, there may be some truth to it. Raymer focuses particularly on the tension between an ever-increasing market for derivative works […]

Infringement City Blues (Make Ed Sheeran Wanna Holler)

Flanked! Two Ed Sheeran songs now face copyright infringement actions. One alleges Sheeran’s “Photograph” copied a song called “Amazing” written for X Factor winner Matt Cardle. Richard Busch—also counsel for the Marvin Gaye estate in the “Blurred Lines” case—filed in June on behalf of “Amazing”’s copyright owner, HaloSongs, Inc. Another, filed in August on behalf […]

Fintech - Stake a Patent Claim?

OVERVIEW Similar to other traditional industries, a digital revolution for financial services is underway. Financial technology, or ‘‘FinTech,” is an accelerating technical sector gaining in popularity with both traditional financial institutions and new market entrants.  Competitors are forming constructive partnerships to collaborate, efficiently develop, and deploy new FinTech products and services. Patents for core technology […]

Big Telecom versus Video Games: Big Implications

As reported on Kotaku.com – "British Telecommunications, a multinational mega-conglomerate with origins dating back to the 1800s, is suing Valve, a video game company that can't count to three". British Telecommunications (BT) alleges that on-line services offered by Valve infringe on four U.S. patents held by BT. The patents at trial are broadly worded and could implicate […]