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Ipilogue

The IPilogue is IP Osgoode’s online journal of IP Law and Technology. It publishes analysis and commentary on current pressing intellectual property, technology, privacy and related legal issues. The IPilogue features curated contributions from students, scholars, and experts within the Osgoode community, from our network of affiliated researchers and partners, as well as from professionals and scholars in disciplines outside of law.

Editor in Chief: Prof. Carys Craig (ccraig@osgoode.yorku.ca)
Submission inquiries: iposgoode@osgoode.yorku.ca


Intellectual Property Rights in Non-Genetically Engineered Plant Species

Apr 3, 2014 1 min read
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In the past, Monsanto has been successful in defending the company's patents concerning the genes and modified cells present in genetically modified (GM) plants in both the United States and in Canada. Are Monsanto's new products going to be a hot topic of debate? Likely yes, but maybe not for the reasons you would expect.

The Future of Rights: Intellectual Property, Economic Inequality and the ‘Digital Divide’

Mar 25, 2014 1 min read
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A quarter century since he helped to create it, the man widely regarded as the creator of the World Wide Web, Tim Berners-Lee, has renewed calls for a Digital Bill of Rights to help preserve the open and innovative character of his invention and to protect human rights in the so-called digital age.

Parody in Trade-mark Law - "Dumb Starbucks" Might Not Be So Dumb After All

Mar 25, 2014 1 min read
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Nathan Fielder created quite an uproar when he opened up an establishment in Los Feliz, California named "Dumb Starbucks." According to its FAQ sheet, the store claimed to legally operate under US parody laws.

Embracing Technology: A New Hope for Digital Distribution

Mar 20, 2014 1 min read
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On March 7th, the 16th annual Osgoode Entertainment & Sports Law Association Conference brought together students and professionals to explore emerging issues in entertainment and sports law. 

Call for Applications: JD Research Assistants

Mar 14, 2014 1 min read
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  Professors Giuseppina D’Agostino and David Vaver are seeking JD Research Assistants to assist in intellectual property law research.

Garcia v Google Inc.: Copyright Ownership, ISP Liability and the Future of Freedom of Expression

Mar 13, 2014 1 min read
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In a stunning decision recently released by the United States Court of Appeals for the Ninth Circuit, Google was ordered to remove the now-infamous film, “Innocence of Muslims”, from YouTube. While the ruling challenges traditional understandings of copyright ownership and protected expression under US copyright law, the Court’s unprecedented opinion also has significant implications for […]

Improper Motives: Federal Court Safeguards its Process Against “Copyright Trolls”

Mar 13, 2014 1 min read
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The Federal Court granted an order compelling an internet service provider (ISP) to divulge the names and addresses of some 2000 account holders implicated in alleged copyright infringement over peer-to-peer (P2P) networks. This type of order is often associated with “copyright trolls” in other jurisdictions. However, in granting the order, Prothonotary Kevin Aalto attached conditions […]

"CANDY" Trade-mark Proves Too Bitter for King

Mar 13, 2014 1 min read
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Video game developer King made headlines and the IPilogue last month when they applied for a trade-mark for the word CANDY in the United States. The move generated extensive commentary and negative backlash from game developers and the gaming community at large. While it is unclear if causing a news buzz was the impetus behind the application, King […]

Transplanting the Canadian UGC Exception to Hong Kong: Part 2

Mar 10, 2014 1 min read
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In Part I of this series of blog posts, I discussed a position paper I submitted to the Hong Kong government as part of its public consultation on the treatment of parody under the copyright regime. This post continues from where the previous post left off. It discusses a forthcoming article I contributed to the Symposium on User-Generated Content under Canadian Copyright Law, which […]

Would a Keyboard by Any Other Name Feel as Sweet? BlackBerry Sues Ryan Seacrest’s Typo

Mar 7, 2014 1 min read
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BlackBerry is suing Ryan Seacrest’s iPhone keyboard case company Typo for patent infringement. The suit – which also alleges trade dress infringement, dilution, unfair business practices and unjust enrichment – has garnered headlines in Canada and the US.