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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


"Copyright, Contracts, Creators – New Media, New Rules" now Available on Paperback

Jul 2, 2012 1 min read
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Edward Elgar Publishing has released a paperback edition of the book Copyright, Contracts, Creators - New Media, New Rules by Prof. Giuseppina D'Agostino. Copyright, Contracts, Creators evaluates the efficacy of current copyright law to address the contracting and use of creative works. It looks in particular at freelance works and argues that their copyright treatment […]

The Patentability of Gene Sequences: Myriad Genetics’ Day in the United States Supreme Court

Jul 2, 2012 1 min read
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In late March, The United States Supreme Court ordered the U.S Court of Appeal for the Federal Circuit to reconsider Myriad Genetics’ existing patent on two genes associated with a high risk of breast and ovarian cancer, in light of the judgement rendered in Mayo Collaborative Services v Prometheus Labs (Prometheus). A unanimous Supreme Court […]

“Only 58 Seconds to Steal a Painting”: New Symposium Addresses Criminality in the Art and Cultural Property World

Jul 2, 2012 1 min read
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June of this year, Toronto’s Old Osgoode Hall hosted a conference that was a first of its kind. Co-chaired and organized by Osgoode alumna Bonnie Czegledi of Czegledi Art Law, the Symposium on Criminality in the Art and Cultural Property World attempted to address an important issue: who is protecting art itself? Events such as […]

Where there's Rum, there are Pirates

Jun 30, 2012 1 min read
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The history of the “Havana Club” brand rum is a long one.  It was originally produced and sold by the Arechabala family until 1960, when the Castro government confiscated their holdings without compensation.  Since this included the Arechabala’s rights to sell their rum, the Cuban government began selling the rum themselves under the stolen “Havana […]

Not-so-Fair Dealing: How Access Copyright is Limiting Access to Copyrighted Materials

Jun 28, 2012 1 min read
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In light of the recent Quebec student protests (see here), and the support that the protests are gaining nationwide, one might suspect that there would be a general trend towards cheaper education in Canada. However, two recent cases suggest that while that may be the case in the U.S., the same may not be true […]

The Patented Medicines Review Board and its Proposed New Regulations

Jun 27, 2012 1 min read
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On June 16, 2012, the Canada Gazette, published the proposed new regulations formalizing procedures before the Patented Medicine Prices Review Board (the Board).  These proposed new regulations represent an effort to enhance the efficiency of hearings before the Board through the formal adoption of codified practices and terminology already utilized by the board; the incorporation […]

A Little Girl Talk on Copyright

Jun 26, 2012 1 min read
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Brett Gaylor's 2008 documentary RiP!: A Manifesto is, at heart, a defence of his “favourite band”, Girl Talk. It is therefore unsurprising that it does not appear to be a balanced look at the state of copyright law today, but rather a one-sided picture of current copyright law. Nonetheless, it succeeds in raising some interesting […]

Unmasking the Mysterious “TV Rights” to Anne of Green Gables

Jun 24, 2012 1 min read
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On June 11 2012 an article by Vinay Menon appeared in the Toronto Star titled “Anne of Green Gables to be remade for TV”.  The article reports that Kate Macdonald Butler, granddaughter to author Lucy Maud Montgomery and president of the family-owned company Heirs of L.M. Montgomery Inc., will be centrally involved in a new […]

China’s New Drug Patent Laws: A Bitter Pill For Big Pharma

Jun 24, 2012 1 min read
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In a bold move, China has rewritten parts of its intellectual property laws to allow for Chinese companies to make generic copies of life-saving medication still under patent. These domestically produced drugs will be offered for substantially less than what their North American and European pharmaceutical competitors currently charge. The changes will provide local drug […]

Business Names Are Trademarks Made Unregistrable by Morality

Jun 22, 2012 1 min read
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The Japanese restaurant ‘Fuku’ (pronounced foo-koo), which recently opened a new West Palm Beach location, ran into a snag while attempting to register their trademark. The Florida Department of State Divisions of Corporations rejected the application on the basis of subsection 2(a) of the Lanham Act, which states that a mark that “consists of, compromises […]