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IP

A “Raging Bull” Won't Quit: The Doctrine of Delay and Copyright Infringement

Rules define sport. In boxing, a fighter who is knocked down has a ten-second count to stand up and continue the match. If they fail, they are declared “knocked out” and their opponent wins. Rules also define law - except that in the world of law, the fighter can be declared “knocked out” before they […]

The Ever-Present Need for Canada’s ‘Digital Economy Strategy’

The 2013 Speech from the Throne seems like a distant memory. Ongoing allegations and revelations emanating from Canada’s Senate chamber have all but overshadowed the Government’s agenda, which Governor General David Johnston dutifully delivered to Canadians on 16 October 2013. Canadians who are eagerly awaiting the Government’s plans for moving the country forward in a […]

When the Internet Has a Party, Everyone's Invited: IP Law Issues at the Internet Governance Forum 2013

There is a little-known place in the world where you can approach absolutely anyone—a Brazilian federal minister or WIPO legal officer; a policy manager at Google or the world's leading cybersecurity expert; an Indonesian LGBT activist or Pakistani digital rights advocate; or someone at some intersection of civil society, government, business, academia, law, technology, or […]

A Moral Right to Graffiti?

A group of high-profile New York aerosol artists is attempting to invoke a seldom-used US statutory provision to prevent the destruction of a collection of buildings containing its works of graffiti. The buildings known as 5Pointz are an outdoor art space for aerosol artists and the self-described “graffiti Mecca” of the world. Over the past […]

Free software and comparative evaluation in the Italian Public Administration

The re-posting of this analysis is part of a cross-posting collaboration with MediaLaws: Law and Policy of the Media in a Comparative Perspective. The age-old question on the use of free and open source software in the Italian Public Administration (PA) seems to be coming to an end. Last January the Agency for Digital Italy […]

Plain Packaging for Tobacco Products in the EU Up in Smoke?

Where there’s smoke, there’s fire… or at least a heated debate. On October 8th, 2013, the European Parliament voted on the proposed revisions to the Tobacco Products Directive (TPD). One of the highly contested issues concerned intellectual property rights and the labeling and packaging of tobacco products.