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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


The Tale of the Uni-Brower: Trade-marking Sports Catchphrases

Aug 8, 2012 1 min read
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Anthony Davis, formerly NCAA college basketball's breakout star, and presently the New Orleans Hornets' #1 draft pick, might soon be following in the footsteps of fellow NBA player Jeremy Lin, although those steps won't necessarily be on the court as his team's top-scorer.

Re-examination vs. Invalidity Proceedings: A Question of Judicial Supremacy

Aug 5, 2012 1 min read
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Re-examination and invalidity proceedings each play an important role in the patent system, offering different avenues that narrow or invalidate existing patent claims. However, a lack of clarity on how the two provisions co-exist has led to litigation which this editor believes could be avoided through legislative amendments to the American patent regime. Similar issues […]

Agreement, of a Sort, Reached on The Unified Patent Court

Aug 5, 2012 1 min read
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As has already been widely reported, on Friday 29 June 2012 the European Council agreed on what has been presented as the final step on the long road to the Unitary EU Patent and a Unified European Patent Court.

Is it Too Early for a 5-D Apple?

Aug 2, 2012 1 min read
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Apple is closing the gap to making full virtual reality a possibility.  On July 24th 2012, the U.S. Patent and Trademark Office granted the company a patent for its groundbreaking 5 dimensional technology. The Invention will incorporate virtual reality gloves, next generation sensors and touch screens to better immerse a user.

Winners of the Gowlings Best Blog in IP Law and Technology Prize

Jul 31, 2012 1 min read
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IP Osgoode would like to congratulate the winners of the Gowlings Best Blog in IP Law and Technology Prize for 2011-2012.  Four prizes in total are awarded each year to Osgoode students.  The winning blog posts are featured in the IPilogue. Recipients also receive a $500 award, are announced at Convocation and receive a permanent […]

Streaming of a Live Sporting Event is not a User Right

Jul 30, 2012 1 min read
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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 […]

Imperial Tobacco v Philip Morris: Product Packaging Alone Creates Consumer Confusion

Jul 29, 2012 1 min read
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On June 29, the Federal Court of Appeal allowed in part Imperial Tobacco’s lawsuit against Philip Morris, holding that the appearance of Imperial Tobacco’s packaging was in and of itself a trademark. The full decision may be read here.

What's the Value in a Broadcast Signal?

Jul 26, 2012 1 min read
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The term “value for signals” has been used by the CRTC since their 2010 decision, to stand for a regime where the originating broadcaster of a signal should (possibly) be in the position to recover compensation for the signal that is provided.

The Pentalogy: The Supreme Court Clarifies Canada's Copyright Law in Five Major Decision

Jul 24, 2012 1 min read
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On Thursday July 12, 2012, the Supreme Court of Canada rendered it's judgements in five major copyright cases. These judgements will shape Canada's copyright law for many years to come.

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

Jul 23, 2012 1 min read
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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. […]