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The Tale of the Uni-Brower: Trade-marking Sports Catchphrases

Anthony Davis, formerly NCAA college basketball's breakout star, and presently the New Orleans Hornets' #1 draft pick, might soon be following in the footsteps of fellow NBA player Jeremy Lin, although those steps won't necessarily be on the court as his team's top-scorer.

Re-examination vs. Invalidity Proceedings: A Question of Judicial Supremacy

Re-examination and invalidity proceedings each play an important role in the patent system, offering different avenues that narrow or invalidate existing patent claims. However, a lack of clarity on how the two provisions co-exist has led to litigation which this editor believes could be avoided through legislative amendments to the American patent regime. Similar issues […]

Agreement, of a Sort, Reached on The Unified Patent Court

As has already been widely reported, on Friday 29 June 2012 the European Council agreed on what has been presented as the final step on the long road to the Unitary EU Patent and a Unified European Patent Court.

Streaming of a Live Sporting Event is not a User Right

On May 13, 2012, the Supreme Court of Israel gave a landmark decision in Civil Appeal 9183/09 The Football Association Premier League Ltd v John Doe. The Court overturned a controversial decision by Judge Michal Agmon-Gonen of the District Court in Tel Aviv-Jaffa. In that case, Judge Agmon-Gonen used the mechanism of legal transplantation to […]

What's the Value in a Broadcast Signal?

The term “value for signals” has been used by the CRTC since their 2010 decision, to stand for a regime where the originating broadcaster of a signal should (possibly) be in the position to recover compensation for the signal that is provided.

Desperate for a Partnership?

Canada has been lobbying to enter the Trans-Pacific Partnership (TPP), and its efforts have seemingly paid off with an exclusive invite to the secretive nine-member club on June 19, 2012. With Ottawa championing its economic benefits and potential, there are many asking a simple question – what have we given up?

Re:Sound v. MPTAC: SCC Upholds Copyright Board's Decision

On July 12, 2012, in a unanimous 9-0 decision, the Supreme Court of Canada dismissed the appeal launched by Re:Sound, rejecting an application for Tariffs on soundtracks accompanying cinematographic works. The SCC held that a sound recording accompanied by a video is precluded from collecting the s.19 remuneration right.

ESAC v. SOCAN – Battle Lines Drawn in Copyright Pentalogy

Entertainment Software Association of Canada v SOCAN was one of two 5-4 split decisions of the copyright pentalogy decisions released on July 12. Online media and software producers and distributors won a major victory. The Supreme Court ruled that the “communication to the public by telecommunication” right does not apply to downloads of a musical […]

The Fivefecta: Canada’s Supreme Court Releases 5 Significant Copyright Decisions

Without a background in horse racing, I feel comfortable expressing today as a “Fivefecta”. Since Monday’s announcement that the Supreme Court of Canada (“SCC”) would release judgments in five critically important copyright appeals heard on December 6 and 7, 2011, there has been a growing excitement in the Copyright community. The decisions from these appeals, […]

SCC Renders Judgements in Copyright Pentalogy

This morning at 9:45am, the Supreme Court of Canada rendered it's judgements in five major copyright cases. These judgements will shape Canada's copyright law for many years to come. The cases are: Society of Composers, Authors and Music Publishers of Canada v. Bell Canada, 2012 SCC 36 (July 12, 2012) Rogers Communications Inc. v. Society […]