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IP

EU Adopts Public-Use Policy for Orphan Works

On Thursday, September 13, 2012, the European Parliament adopted a new directive stating that cinematographic and audiovisual works as well as phonograms that are protected by copyright but whose rights holders cannot be found could be made available to the public across the EU.

Trademarks: Louboutin’s Sole Rights Affirmed

In a recent victory for French design house Christian Louboutin, a New York appeals court has ruled that Louboutin can trademark its shoes’ iconic red sole since it is a defining feature of an authentic Louboutin product.

Genetic Testing Patents: USPTO Presents the 'Generic' Comments

The current system for genetic testing in America functions by having the patent holder of a particular genetic test control the testing process and results interpretation of that test. There is concern that, inherent in that current system, there is a lack of independent second opinion testing available - testing which has the potential to make […]

Anticipating Another Successful Year For The IP Intensive Course

Last year’s inaugural offering of The Intellectual Property Law and Technology Intensive Program (IP Intensive) was a great success.  We are excited to be offering the IP Intensive again this year and are anticipating another successful year.

The Impact of Free Music Downloads on the Purchase of Music CDs in Canada

This report examines data on the effects of Internet peer-to-peer (P2P) file sharing activities on music purchasing which were obtained from a survey commissioned by Industry Canada. The survey was designed to “inform Industry Canada's policy development work” [1] and ultimately therefore support better policy decisions regarding the copyright law in Canada.

Potential Sabotage: Is that What’cha Want?

Michael "Mike D" Diamond, Adam "Ad-Rock" Horovitz and the estate of the recently deceased Adam "MCA" Yauch (“the Beastie Boys”) have launched an action against Monster Energy Drink (hereafter “Monster”) for the use of approximately 3 minutes of their music in a video promoting the “Ruckus in the Rockies” event.

Monsanto v Schmeiser Does Not Indicate SCC Departure From Existing Precedents: But-For Causation Still Required for Contributory Infringement

In Nycomed Canada Inc. v Teva Canada Limited 2012 FCA 195 (Noël, JA), the Federal Court of Appeal (FCA) considered whether the Federal Court erred in rejecting Nycomed’s counterclaim for induced infringement. The FCA upheld the lower court’s decision affirming that but-for causation must be established in order to successfully claim contributory infringement.

IP Osgoode and Osgoode PD host Joint Teleseminar on Copyright Pentalogy

On September 13, 2012, IP Osgoode will be hosting a joint teleseminar with Osgoode Professional Development. The topic of the seminar will be the recent developments in copyright law as a result of Supreme Court rulings on 5 major copyright cases (known as the Copyright Pentalogy). For IP Osgoode coverage of the Copyright Pentalogy, see […]