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Inventorship in the 21st Century

Keldeagh Lindsay is a J.D. candidate at Osgoode Hall and is taking the Patent Law course. “In our system of patent law, the identity of the inventor is, for the most part, overshadowed by the issue of invention.” (Apotex v. Wellcome [2001] 1 F.C. 495, at para. 27) The Patent Act does not define “inventorship”, […]

The Common Law of Intellectual Property: Essays in Honour of Professor David Vaver

IP Osgoode is proud to announce the forthcoming publication of a new book edited by Lionel Bently (Herchel Smith Professor of Intellectual Property Law at the University of Cambridge), Catherine W Ng (Lecturer of Law at the University of Aberdeen), and Giuseppina D'Agostino (Assistant Professor at Osgoode Hall Law School in Canada).

I'm Still Your Baby: Canada's Continuing Support of U.S. Linkage Regulations for Pharmaceuticals

Ron A. Bouchard is an Associate Professor in the Faculties of Medicine & Dentistry and Law, University of Alberta.  Professor Bouchard has a new article available on SSRN and describes it below. One of the most strongly contested aspects of pharmaceutical policy concerns the role of intellectual property rights in providing economic incentives to firms […]

“Purposive Construction”: Has certainty been compromised?

Heather Hui-Litwin is a J.D. candidate at Osgoode Hall and is taking the Patent Law course. In patent litigation, claim construction is an extremely important aspect in the analysis of a patent. Findings of infringement and validity ultimately depends on the construction. The leading cases on claim construction is Free World Trust v. Electrosante (2000 […]

Is there Copyright in Choreography?

Virgil Cojocaru is a JD candidate at Osgoode Hall Law school. Choreography is about dance moves. It is the arrangement of dance moves, usually in patterns, accompanied by music. Are these dance moves protected by copyright? The argument out there is that they are, even when placed in games.

The Doctrine of “Inherent Anticipation” in Canada: A Time for Review?

Darren Hall is a J.D. candidate at Osgoode Hall and is taking the Patent Law course. Addressing the question of whether a prior use will anticipate an invention if that prior use was previously unacknowledged, known as the doctrine of Inherent Anticipation, has been a struggle for Canadian courts.

New Canadian Intellectual Property Law Casebook

McCarthy Tétrault partners Barry Sookman (IP Osgoode Advisory Board member) and Steven Mason have published a new casebook, Intellectual Property Law in Canada: Cases and Commentary. The authors draw on their extensive expertise in intellectual property to provide law students, law professors, and lawyers with important insights on the diverse laws that protect the types […]

Maturation of the Software Industy and the Need for Software Patents

Brandon Evenson is a JD candidate at Osgoode Hall Law School and is taking the Patent Law course. A patent system is a balancing act. On one hand, a patent system provides incentives to innovate, commercialize, and disclose innovations to society. On the other hand, a patent system discourages the proliferation of innovations in society […]

Osgoode Hall Law School Places Second in Harold G. Fox Moot

IP Osgoode is proud to announce the success of Osgoode’s IP moot team in the 2010 Harold G. Fox Moot held this past weekend on February 19 and 20.  The moot is named in honour of the late Harold G. Fox, one of Canada’s leading intellectual property scholars and advocates.  Osgoode’s contingent consisted of third-year […]

Piracy as a Social Movement?

Billy Barnes is a JD candidate at the University of Toronto. Joel Tenenbaum was the second person to go to trial after being accused of internet file-sharing. His struggle with the RIAA has won him plenty of supporters as "the average David fighting against the corporate Goliaths." This is just part of a larger social […]