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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


No Man (or Government Entity) is Above the Law

Oct 10, 2013 1 min read
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The United States Court of Appeals for the Federal Circuit recently released a combined opinion regarding the ability of government entities to register their official seal. The decision of In Re: City of Houston serves as a reminder of the substantial differences between Canadian and American trade-mark law.

European Court of Justice Provides Narrow Answer to Question of Jurisdiction for Internet-based Copyright Infringement

Oct 9, 2013 1 min read
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Let’s assume you’re a French musician part of a hip British indie-rock band. 30 years later, you discover that an Austrian company has been making unauthorized CDs and a UK-based outfit has been selling them online.  Can your home court in France hear your action against the Austrian CD manufacturer?  According to a recent preliminary […]

Intellectual Property Rights: study indicates that roughly 35% of jobs in the EU rely on IPR-intensive industries

Oct 3, 2013 1 min read
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The re-posting of this analysis is part of a cross-posting collaboration with MediaLaws: Law and Policy of the Media in a Comparative Perspective.

Few People Download Illegally, But Those That Do, Do It A Lot

Oct 3, 2013 1 min read
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The few, the mighty. That's one way to describe illegal downloading habits.

Composing Consent: Federal Court Dismisses Pinto v BJEC

Oct 3, 2013 1 min read
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The Federal Court recently held that in the absence of a written agreement, a copyright holder could grant implied consent to the use of their work when they allowed the work to be used for the purpose for which it was commissioned. This ruling may cause concern for authors who wish to retain control of their works […]

REMINDER: UGC Under Canadian Copyright Law Symposium

Sep 26, 2013 1 min read
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User-Generated Content Under Canadian Copyright Law Featuring Professor Victor Nabhan Genest Global Faculty Thursday October 10, 2013, 9:30am to 5:00pm Osgoode Hall Law School, York University

Sherlock Holmes and The Adventure of the Copyright Court

Sep 26, 2013 1 min read
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What makes a fictional character who they are? Would Darth Vader be Darth Vader without being Luke Skywalker's father? Would Harry Potter be Harry Potter without defeating Voldemort? An American court will be asked to decide just that in Klinger v Conan Doyle Estate.

Volkswagen v Garcia et. al.: Volkswagen Halts Disclosure of Secret Security Algorithm

Sep 24, 2013 1 min read
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Last June, Justice Birss of the High Court of England and Wales (Chancery Division) ruled in favor of Volkswagen and granted an interim injunction against Flavio Garcia, Computer Science Lecturer at the University of Birmingham, thus prohibiting him from publishing an academic paper that sought to expose weaknesses in Volkswagen automobile security systems.

Canadians Make Their Mark on Global Guide for Museum IP

Sep 19, 2013 1 min read
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The World Intellectual Property Organization (WIPO) has updated its Guide on Managing Intellectual Property for Museums, with two Canadians playing major roles in the Guide’s creation.

Electronic Contracts - Still as Good as Paper Ones

Sep 18, 2013 1 min read
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The American courts have taken another pass at the recurring question of whether electronic documents and signatures are as good as written ones. The decision in Forcelli v Felco Corp finds that yes, an arrangement of electrons in silicon can be just as valid in law as an arrangement of dye on a dead tree.