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IP

2013 IP Year in Review: To Go Where No One Has Gone Before

Giuseppina D’Agostino is the Founder and Director of IP Osgoode, the Founder and Director of the IP Intensive Program, the Founder and Director of the IP Osgoode Innovation Clinic, and an Associate Professor at Osgoode Hall Law School. 2013 ushered in renewed changes to the intellectual property law terrain in Canada and around the world. […]

IP Intensive Program: Experiential Learning at Actavis

My 10 week internship at Actavis’ Canadian arm (formerly known as Cobalt), through Osgoode’s IP Intensive Program coincided with a very exciting time for the company. The company recently expanded through a number of acquisitions to make it the third-largest generic pharmaceutical company globally, with commercial operations in more than 60 countries worldwide.

IP Intensive Program: Helping Entrepreneurs – My Internship at ventureLAB

As part of the Intellectual Property (IP) Intensive program at Osgoode Hall Law School, I was extremely fortunate to be placed at the Innovation Centre ventureLAB for 10 weeks. What does this organization do? In a nutshell, ventureLAB exists to help people succeed as entrepreneurs. “Mentoring - Partnering - Connecting” is the official motto of […]

Should Canada Adopt an “Innovation Patent System” to Promote Small to Medium Enterprises?

The “innovation patent system”, a second-tier patent system unique to Australia, was introduced in 2001 by the Australian Parliament to promote the growth of small-to-medium enterprises (SMEs) by providing a relatively quick and cost-effective process to obtain patent protection for lower-level or incremental inventions. The World Intellectual Property Office refers to Australian-type “second-tier patents” as […]

Pirates of the Caribbean: US Intellectual Property Rights to Walk the Plank?

The government of Antigua and Barbuda has recently published a press release detailing their plans on establishing a statutory body to oversee the monetization and exploitation of the suspension of American intellectual property rights. The World Trade Organization (WTO) authorized the suspension of US IP rights in the small twin-island nation earlier this year. The organization overseeing these developments, the WTO Remedies Implementation Committee, is in the […]

Improving the Patent Law Lottery by Reforming Damages

A key feature of any patent system is the right of enforcement available for infringement. Of the various recourses available in Canada, damages are the default remedy. Care is therefore necessary to ensure the correct level of damages is awarded, if only because undeservedly large or small damages awards may hurt innovation by depleting the […]

Inequitable Conduct in Canadian Patent Prosecution

The United States Court of Appeals for the Federal Circuit recently provided an example of when patents will be invalidated due to inequitable conduct. Canadian patent law presently has no comparable doctrine of inequitable conduct, but the US ruling provides an interesting comparative basis from which to discuss the duty of good faith in Canadian […]