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
In late June, the Federal Circuit again decided Ultramercial v Hulu - a case brought by Ultramercial claiming infringement of their patent for serving online media preceded by advertising. Ultramercial's patent has been widely criticized by many commentators who view the patent as one describing an abstract concept, and believe the decision is destined for a Supreme Court appeal.
On May 31st, 2013 the UK Intellectual Property Office (“IPO”) released a report on its research into the “Impact of Lookalikes: Similar Packaging and Fast-Moving Consumer Goods”. The issue of lookalikes is a politically “hot” one in both the UK and the EU, as there is pressure from brand owners who seek more effective protection […]
Pharrell may currently hold the #1 and #2 spots on Billboard’s Hot 100, but in the past few weeks, he made headlines due to his ongoing trade-mark dispute with Will.i.am (coincidentally, the last band to hold both the #1 and #2 spots was Will.i.am's band, The Black Eyed Peas).
On November 24, 2011, the Federal Court of Appeal released its decision for Amazon.com, Inc. v. The Commissioner of Patents, 2011 FCA 328. This case related to patent application 2,246,933 filed by Amazon.com, Inc. entitled “Method and System For Placing A Purchase Order Via A Communications Network”. Popularly known as the “one-click shopping cart” case, […]
In the realm of law, neutrality is widely hailed as a fundamental principle of fairness, justice and equity; it is also, however, widely criticized as a myth that too often obscures the inevitable reality of perspective, interest or agenda. It should come as little surprise, then, that the principle of technological neutrality, recently employed by […]
Thank you to all the participants of Canada's IP Writing Challenge 2013. The winners of the Challenge will be announced on October 31, 2013 and the winning articles will be featured here on the IPilogue and on IPIC's website (www.ipic.ca).
On June 12th, 2013, the Chairperson of the CRTC - Jean-Pierre Blais - addressed a gathered group of context creators and advertisers at the Banff World Media Festival in Alberta. In his speech, Blais laid out the current role of the organization and how he sees it evolving in the future.
From June 18- 28, nation states were conducting negotiations for an international treaty to secure copyright exceptions for the visually impaired and people with print disabilities. These discussions, hosted by the World Intellectual Property Organization (WIPO), may secure the ability of nation states to allow conversion of published works to braille, large print and audio […]
The dividing line between intellectual property and antitrust laws was further clarified last week when the Supreme Court of the United States (SCOTUS) settled a debate on the illegality of Reverse Payment Agreements (RPAs) in Federal Trade Commission (FTC) v Actavis. In so doing, the Court split the difference between the FTC’s assertion that RPAs […]
This Chapter analyses one harmonisation project within European intellectual property law, namely, the recent development of trade mark law within the European Union (EU). It highlights several characteristics of trade mark harmonisation within the European Union.