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Technology

Diamonds are Forever: New Diamond Patents May Influence Market Development

The extremely variable pricing of diamonds has made them a historically difficult and unstable commodity to trade. However, recent advents in diamond technology have been patented, and industry insiders such as Martin Rapaport have suggested that diamonds will become akin to gold from an economic standpoint.

Avoiding Poison Apples and Tending to Blackberries: Did Canada’s 1989 Shift To First-To-File Nip Small-Time Innovation In the Bud?

New legal research from the University of Pennsylvania Law School suggests so. The aim of the study, according to Professors David S. Abrams and R. Polk Wagner, is to empirically predict how the recent changes to American patent laws, introduced by section 3 (s3) of the Leahy-Smith America Invents Act (AIA), will affect American innovation after […]

Software Becomes that Much Harder to Patent in the United States

In the recent decision of Bancorp Services v Sun Life Assurance Company of Canada (U.S.), the United States Court of Appeals for the Federal Circuit has attempted to reconcile the eligibility of software and business process patents with previous decisions from the United States Supreme Court. The holding also makes qualifying patent eligibility in business […]

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 […]

Considering Canada’s Supreme Court Decisions in this week’s WIPO Proceedings

As members of the international intellectual property community attend the 24th session of the Standing Committee on Copyright and Related Rights (SCCR), they are told to keep the spirit of Beijing alive, referring to the recently concluded Beijing Treaty on Audiovisual Performances. However, there is reason to keep another country’s spirit in mind as well. […]

Fairly Dealt: Strong Statement by the SCC in Alberta (Education) v. Access Copyright

One of the recent pentalogy of copyright decisions that has forever changed Canadian copyright law is Alberta (Education) v. Canadian Copyright Licensing Agency (Access Copyright), 2012 SCC 37. The decision focused on the concept of fair dealing, and its application to photocopying books for educational purposes.

Rogers v. SOCAN: The SCC Streamlines its Stance on On-Demand Streaming

The much anticipated Supreme Court of Canada ruling in Rogers Communications Inc v Society of Composers, Authors and Music Publishers of Canada, 2012 SCC 35 (Rogers v SOCAN), culminated with a unanimous Court holding that on-demand transmissions of music streams made available by online music services constitute communications “to the public”.  Consequently, the on-demand streaming of […]

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, […]