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Regulatory Policy

To arbitrate, or not arbitrate? That is the question.

Mark Kohras is a JD candidate at Osgoode Hall Law School. Last Friday, the Supreme Court of Canada issued a decision in the case of Seidel v. TELUS Communications Inc. This case highlights a key issue in contract law; the operability of arbitration clauses and class action waivers in the consumer protection context. The case related […]

Canada's submissions on WIPO Broadcasting Treaty

Canada recently sent a submission to the World Intellectual Property Organization on the proposed Broadcasting Treaty. The submission comments on the proposals contained in the WIPO document SCCR/15/2 rev, which will ultimately form the basis of the new treaty.

What Should and Should Not Be Patented? An Australian Recommendation

Ivy Tsui is a JD candidate at Osgoode Hall Law School. The Australian Government’s Advisory Council on Intellectual Property (ACIP) has released its report on the review of “Patentable Subject Matter” – detailing the types of inventions that should be patented.

The Telecom Tango: Federal Court Overturns Cabinet

Mark Kohras is a JD candidate at Osgoode Hall Law School. The Federal Cabinet is taking an active interest in the affairs of the CRTC recently, as evidenced by the Industry Minister’s stance on the usage-based billing decision. Days ago, the Federal Court ruled that the government may have overstepped its authority to overturn such […]

Consumer: Time to get your Head out of the Clouds?

Jennifer Webb is a first year JD candidate at Osgoode Hall Law School and currently enrolled in the course Law & Social Change: Law & Music, in Winter 2011. As part of the course requirements, students are asked to write a blog on a topic of their choice. Although the definition of cloud computing can […]

Update on Usage-Based Billing

Pauline Wong is the Assistant Director of IP Osgoode. The CRTC is not the only one reconsidering the question of usage-based billing for internet service.  Further to last week’s statements by its Chairman, Konrad von Finckenstein, the CRTC has announced the approach it will take to reviewing its decision.  Meanwhile, Bell has acknowledged that its […]

Comments from the Max Planck Institute regarding Draft EU Instruments

Samantha Schreiber is a JD candidate at Osgoode Hall Law School. The Max Planck Institute for Intellectual Property, Competition and Tax Law (the “Institute”) has published comments on two draft instruments (1) the Draft Commission Block Exemption Regulation on Research and Development Agreements (the “Draft R&D Regulation”) and (2) the Draft Guidelines on Horizontal Cooperation Agreements […]

Do Not Track Movement Gaining Traction

Stuart Freen is a JD candidate at Osgoode Hall Law School. In a blog post on his personal website, Mozilla global privacy and public-policy leader Alexander Fowler revealed that upcoming releases of Firefox will include a “Do Not Track” feature designed to stop online advertisers from tracking users. Google announced the same day that it will release a […]

Rogers Attracting CRTC Attention Over Bandwidth Throttling

Stuart Freen is a J.D. candidate at Osgoode Hall Law School. In a strongly-worded letter leaked on Michael Geist’s website, the CRTC has accused Rogers with failing to live up to its net neutrality obligations. The letter charges that Rogers’ internet traffic management policies “were not reflected on Rogers’ website and thus did not meet […]

Warning Labels Threaten Tobacco Trade-marks – Or do They?

Dan Whalen is a JD candidate at Osgoode Hall Law School In late December, industry leader British American Tobacco won permission in Australian courts to pursue damages against a local importer for infringing upon one of its product’s trademarks by covering its packaging with health warnings labels. While the importer conceded that the labels may […]