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
Advocate-General of the European Court of Justice (ECJ), Yves Bot’s opinion at the end of last year, on SAS Institute Inc. v. World Programming Ltd., was based on the High Court of England and Wales’ preliminary judgment for the same case. Issued on 29 November 2011, Adv.-Gen. Bot focused on specific provisions of Directives 91/250/EEC […]
On January 21, the WHO 130th WHO Executive Board (EB) adopted a resolution for agenda item 6.13 "substandard/spurious/falsely-labelled/falsified/counterfeit medical products” [SFFC]. The resolution is intended to address the growing prevalence of and the health risks associated with “deliberately and fraudulently mislabelled” pharmaceuticals.
It must have been really nice to have worked as an IP expert for the US Trade Representative (USTR) during the 1990s. Almost everything they proposed would become law. The global maximalist agenda had the large international institutions on its side. The golden age of international maximalism saw the creation of the WTO, the TRIPS […]
I was one of the lucky few that had the chance to take part in the inaugural IP Intensive program last term at Osgoode Hall Law School. Before coming to Osgoode, I was a musician for over a decade, so I was thrilled when I received the news that my placement was at the Society […]
Earlier this year, the Westminster Magistrates’ Court found that a young British student could be extradited to the United States to face allegations of copyright infringement. The United States Justice Department requested that he be extradited under the Extradiction Act, 2003 and the US-UK Extradition Treaty.
Last January, a Federal Court summary judgment held that the Aga Khan’s copyright in his literary works had been infringed by the publications of Nagib Tajdin and Alnaz Jiwa. The IPilogue drew attention to comments made in obiter stating that “it was not for a plaintiff in a copyright infringement suit to prove a lack […]
On Friday February 17th, Osgoode Hall will continue its tradition of annual participation in the Harold G. Fox Intellectual Property Moot and the 2011-2012 Fox Moot team has been hard at work preparing. Representing Osgoode will be: Alex Chang (Class of 2012) and Kyle Rees (class of 2012) in the role of the Respondent, Aaron Kucharczuk (class of 2012) […]
Access to information is generally important in a free and democratic society. It’s particularly important in the context of regulating drugs, medical devices, and other products. In Merck Frosst Canada Ltd. v. Canada (Health), the Supreme Court of Canada affirmed Health Canada’s decision to disclose certain information about Merck’s asthma medication Singulair®. The Court rejected […]
If the past month is any indication at all, 2012 is going to be an eventful year for intellectual property legislation, at least in the US and Canada. The controversy over the twin anti-digital piracy bills— the Stop Online Piracy Act (SOPA), and the Protect Intellectual Property Act (PIPA)— has gained much attention, particularly because […]
Modern concepts of art and creativity pose a challenge for traditional notions of copyright law. Last March, the United States District Court for the Southern District of New York ruled on the legality of appropriation art.