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IP

The Hard Decision about Software Patents

On Monday, March 31st, the United States Supreme Court began hearing oral arguments in the case of Alice Corporation Pty Ltd v CLS Bank International. Many hope that this ruling will help bring clarity to the patentability of software and business processes under US patent law.

The Keller/O'Bannon Lawsuit: Why Canadians Should Care

There is currently a live, ongoing legal dispute in California between former and current student athletes (SAs) and the National Collegiate Athletics Association (NCAA) which reveals that regulations defining collegiate eligibility did not foresee the nexus of new media technology and sport. Consequently, NCAA bylaws do not consider the effects of athlete intellectual property on […]

Why I Was Wrong About Originality

When I first read the Supreme Court of Canada's landmark decision in CCH Canadian Ltd v Law Society of Upper Canada concerning the concept of originality in copyright law, I thought something was amiss. According to the Copyright Act, copyright shall subsist in every original literary, dramatic, musical and artistic work; however, "original" is not […]

The Academy Awards Selfie Rights Debate

Copyright ownership in Ellen Degeneres' famous Oscar Twitter Selfie, which holds the record for most retweets, might be unclear, but for the average citizen sharing the picture, it doesn’t matter much. Canada’s fair dealing and the United States’ fair use exemptions cover the most common types of sharing and dissemination of the image.

Intellectual Property Rights in Non-Genetically Engineered Plant Species

In the past, Monsanto has been successful in defending the company's patents concerning the genes and modified cells present in genetically modified (GM) plants in both the United States and in Canada. Are Monsanto's new products going to be a hot topic of debate? Likely yes, but maybe not for the reasons you would expect.

Garcia v Google Inc.: Copyright Ownership, ISP Liability and the Future of Freedom of Expression

In a stunning decision recently released by the United States Court of Appeals for the Ninth Circuit, Google was ordered to remove the now-infamous film, “Innocence of Muslims”, from YouTube. While the ruling challenges traditional understandings of copyright ownership and protected expression under US copyright law, the Court’s unprecedented opinion also has significant implications for […]