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 High Court of Justice’s Technology and Construction Court recently ruled on whether relief could be sought against unknown “seeders” of BitTorrent files in AMP v. Persons Unknown. In June 2008, the claimant AMP either lost or had her cell phone stolen. The phone had a digital camera which had been used to take sexually […]
Twenga, Societe Anomyme (“TSA”) owns the registration for the mark TWENGA in Canada, which was applied for in May 12, 2008 and registered on October 25, 2011. Prior to the issuance of TSA’s registration, on October 5, 2010, the Registrant registered the Domain Name. The Registrant’s contact information was protected by the privacy rules of […]
The idea of surreptitiously recording confidential conversations as material to be used against someone comes straight out of spy movies and thriller novels. The act itself is clearly reprehensible but it is surprisingly difficult to determine whether legal liability subsists. The actual practice of recording conversations without consent is governed by various criminal, privacy and […]
After a little over a year and two failed attempts, the Legal, Financial and Administrative Services Agency of Sweden (Kammarkollegiat) finally officially approved an application in January made by 19-year-old Swedish philosophy student Isak Gerson to recognize the Missionary Church of Kopimism (Missionerande Kopimistsamfundet), and thus ‘Kopimism’ as a religion.
The complicated position that subconscious copying occupies when establishing reproduction and infringement in copyright law was recently highlighted in a key decision by the Patents County Court (PCC) of the UK. In Michael Mitchell v. BBC, Judge Birss’s meticulous judgment focused on whether there existed the possibility of either conscious or subconscious infringement, the latter […]
I am pleased to join you from south of the border. My work has been focussed in the United States. Intellectual property laws are very powerful and important today. Yet they are but part of the larger body of law in any country. They are also part of a developing fabric of international commercial […]
On December 15, 2011, Advocate General Paolo Mengozzi gave his opinion to the Court of Appeal of England & Wales on whether soccer match schedules could be protected by copyright. This opinion is a companion of sorts, to a ruling of the Court in 2004 that said the “fixture lists” as they are referred to, […]
With a well-deserved reputation for counterfeiting and knockoffs, we have rarely looked to China for innovation and invention. Nevertheless, as an ever-growing giant on the world’s economic stage, China has taken steps to remedy this deficiency. About a year ago, Thomson-Reuters released their second report on the nation’s patent prowess, suggesting that China’s patent will outpace Japan […]
Representatives of the defunct rock band, The Velvet Underground, have brought an action against the Andy Warhol Foundation for the Visual Arts Inc. concerning rights over the world’s most iconic banana image a full 45 years after it was first released.
Looking at the current state of trans-border licensing of music inEurope, the European example can teach mainly what to avoid. Even more so, many of the issues discussed in the EU might even be totally irrelevant for Canada. Unlike Canada, the EU currently consists of 27 member states, and as of today, there is […]