Crowdfunding has been heralded as a revolutionary and democratic way to connect ordinary individuals with innovative projects they would like to support. The version involving equity investments in start-ups will be regulated under the U.S. JOBS Act of 2012.[i] But start-ups who use this legal pathway will become essentially “junior” reporting companies under the securities […]
In this year’s State of the Union address, US President Barack Obama reaffirmed his Administration’s commitment to addressing economic inequality by fostering the jobs of the future: “We know that the nation that goes all-in on innovation today will own the global economy tomorrow. This is an edge America cannot surrender.” In order to do […]
Video game developer King, maker of the insanely popular and addictive Candy Crush Saga, has been granted a US trade-mark for the word "Candy". While previously owning trade-marks over the specific designs and game titles, this is the first common word successfully trade-marked by King. Some are worried registering a common word is an over-extension of intellectual property rights, while […]
In Woodpecker Hardwood Floors (2000) Inc v Wiston International Trade Co, Ltd (2013 BCCA 553), the BC Court of Appeal denied an appeal to overturn an interlocutory injunction which enjoined the use of a registered trade-mark in an action for passing off. This case is surprising, both due to its strange relationship with judicial precedent […]
Who controls the British Crown? Who keeps illegal streaming down? The Federal Court of Canada does! (May the pop-culture references commence.) The Federal Court of Canada made international news by handing down one of the harshest copyright sentences in its history, a fine of over $10M. The defendant is only 23 years old.
What do cooking and chemistry have in common? Apparently, the former provides great analogies to explain the latter. Apotex has recently applied for judicial review of a decision of the Director General of the Therapeutic Products Derivative (TPD) concerning its generic drug, Apo-Telmisartan. While several issues were raised in the application, of particular interest was […]
Professor Giuseppina D’Agostino is the Founder and Director of IP Osgoode. Michel Gérin is the Executive Director of the Intellectual Property Institute of Canada. The Intellectual Property Institute of Canada (IPIC) and IP Osgoode are delighted to announce our 2014 Canadian writing challenge in intellectual property law.
In Cinar Corporation v Robinson, The Supreme Court of Canada ruled that a copyright protected work can be infringed not only by literal reproduction, but also by copying substantial features from a work. In the decision, which awarded damages to the author of a children's TV show, the court clarified the test for substantial reproduction... or did […]
Daniel Whalen won Canada's IP Writing Challenge last year for his article, "Everything Old is New Again: Reframing the Cultural Explanation for Intellectual Property Infringement in China." In anticipation for the next edition of Canada's IP Writing Challenge, we would like to share the introduction to Daniel's award-winning submission. Please enjoy and watch out next week […]
It has been nearly twenty years since the Uruguay Round of World Trade Organization (WTO) trade talks that created the Trade Related Aspects of Intellectual Property Rights (TRIPS) Agreement. In the intervening decades, multilateral trade negotiations have stalled and international agreements relating to intellectual property (IP) law have trended towards bi- and plurilateral levels. And, […]