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OBA – Entertainment, Media & Communications Section to Launch Journal

The OBA Entertainment, Media & Communications Section is accepting submissions for the launch of the OBA Entertainment, Media & Communications Section Newsletter – Journal Edition ("Journal"). The Journal will provide OBA members, their clients and the academic community with substantive scholarly work exploring legal aspects of the entertainment, media and communications industries.  The Journal, which will be circulated […]

Moving Forward with a Canadian Private Copying Levy: Lessons From the EU

Steven Zuccarelli is a 2012 JD Candidate at Osgoode Hall Law School. It is often surprising for the newest generation of multimedia consumers to realize that making private copies of copyrighted work has been occurring long before the arrival of digital music players.  In fact, few remember or even know of recording radio songs onto […]

Patentability of Computer Programs in Europe

Robert Dewald is a JD candidate at Osgoode Hall Law School On May 12, 2010 the Enlarged Board of Appeal of the European Patent Office (EPO) responded to several questions posed by the President of the EPO, Ms Alison Brimelow, regarding the patentability of computer programs in Europe.  The resounding answer to these questions, provided […]

Trade-Mark Appeal before the Supreme Court of Canada

Ashlee Froese is an Osgoode Hall alumnus and currently practices intellectual property at the law firm of Keyser Mason Ball LLP. For the first time since 2006, the Supreme Court of Canada ("SCC") has been asked to clarify on important trade-mark law principles.  The Supreme Court of Canada  has granted leave to hear an appeal […]

Canada Still in Search Of Answers to the Digital Media Conundrum

Vincent Doré is a JD/MBA Candidate at Osgoode Hall Law School and Schulich School of Business. Over 2000 people convened in Stratford, Ontario this week for Canada 3.0: Canada’s Premier Digital Media Forum.  This 2-day conference was created in an effort to bring together the best minds from the digital media space to collaboratively develop […]

Do Rights-Based Perspectives Underlie The Interpretation of Statutes in IP Law?

Steven Zuccarelli is a JD Candidate at Osgoode Hall Law School. Balancing pharmaceutical patent rights with public health needs is a contentious issue that poses enormous challenges to lawmakers.  The conflict between innovators of therapeutics and generic manufacturers is fought from divergent perspectives on the battlefield formed by patent laws.  At stake is the balance […]

Global Record Industry Numbers Down (Again)

Stuart Freen is a JD candidate at Ogsoode Hall Law School. The International Federation of the Phonographic Industry (IFPI) recently released its annual Recording Industry in Numbers report, and the numbers are grim indeed: Global recorded music revenues fell 7%, amounting to a whopping US$ 17 billion decline. Canada meanwhile was given a failing grade […]

“Bad Faith” Decisions Bad News for Trade-mark Applicants?

Jeffrey Vicq is a member of Clark Wilson LLP’s Technology & Intellectual Property Group.  He regularly writes about Canadian trade-mark issues on the Canadian Trademark Blog.     Those of us who provide trade-mark prosecution and counselling services—and particularly those of us who work with clients that have multi-national trade-mark portfolios—know that clients are sensitive […]

Scotiabank Loses Domain Name Dispute

Zak Muscovitch is the principal of The Muscovitch Law Firm, in Toronto, Canada. He is a veteran domain name lawyer having represented numerous domain name owners from all over the world in disputes and transactions since 1999.   Banking errors always seem to be in favour of the bank, however in this particular case, Scotiabank’s […]

Copyright’s Twilight Zone

Jacqueline Lipton is a Professor of Law at Case Western Reserve University. She is Co-Director for the Center of Law, Technology, and the Arts, and the Associate Director of the Frederick K Cox International Law Center. In the Web 2.0 era, copyright law has become too blunt an instrument to deal with the intricacies necessary […]