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
Just after the adoption of Bill C-11,[1] the Supreme Court of Canada handed down five decisions, which are now referred to as the “pentalogy”, to follow the heretofore famous trilogy.[2] The pentalogy, like its three-legged predecessor, marked a significant shift in Canadian copyright policy. The five cases dealt in one form or another with collective […]
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.
Is a podcast analogous to a cassette tape recording of a magazine article? Jim Logan of Personal Audio thinks that it is, and that it thereby infringes his patent.
A little over a week ago, the Fraser Institute, a prominent and independent Canadian public policy think tank, released a report calling for a strengthening of intellectual property protection for pharmaceuticals in Canada. The report claims that the changes would produce an increase in trade opportunities and access to foreign markets that would generate an […]
In one of the most keenly observed United Kingdom patent lawsuits in recent memory, Virgin Atlantic Airways Limited v Zodiac Seats UK Limited, the European Patent Office (“EPO”) and the UK Supreme Court ("UKSC") have performed what may be construed as a precedent-setting disappearing act.
On July 16, 2013, the Federal Court released its decision granting the largest award of damages for patent infringement in Canadian history. In Merck & Co., Inc. v. Apotex Inc. (2013 FC 751) (“Merck”), Justice Snider found that Merck is entitled to over $119 million in damages, plus interest, for Apotex’s infringement of Merck’s patent […]
In late May 2013, Microsoft announced details of its new console, the XBox One, to be launched in November 2013. In addition to new games and technical improvements, consumers were surprised by Microsoft's initial statement that that games on the system would be bound to a user's account. The PR backlash caused Microsoft to change […]
For several years, research at the Max Planck Institute for Intellectual Property and Competition Law (MPI) – in collaboration with experts from all over the world – has examined the trend of bilateral and regional agreements that include provisions on the protection and enforcement of intellectual property (IP) rights.
The verdict is in for the lengthy European trade-mark battle between British flower competitors Marks and Spencer (M&S) and Interflora regarding Google AdWords and trade-mark infringement. Victory goes to the trade-mark holder, Interflora.
CBC’s ill-fated “Ici” re-branding may be getting clawed back, but that’s not stopping Radio-Canada from seeking a trade-mark expungement against current broadcaster and “Ici” trade-mark holder, Sam Nozouri.