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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


Omega v. Costco and discounted luxury goods

May 19, 2010 1 min read
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Anjli Patel is an LLB Candidate at the University of Calgary Faculty of Law. Today’s post will be of interest to anyone who has ever extensively compared prices on big-ticket items before making a purchase. The US Supreme Court recently announced that it will review the case of Omega S.A. v. Costco Wholesale Corporation, 541 […]

The Insensitive Internet - Brazil and the Judicialization of Pain

May 18, 2010 1 min read
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Marcelo Thompson is a Research Assistant Professor in Law and Information Technology at the Faculty of Law of The University of Hong Kong and Acting Co-Director of its Law and Technology Centre. Without the usual diatribes of the political process; without the bickering and finger-pointing, earmarks and pork barrel provisions, a new Bill is being […]

Another Stop to Free Downloads of Music Online: LimeWire Liable for Copyright Infringement

May 18, 2010 1 min read
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Amanda Carpenter is a JD Candidate at Osgoode Hall Law School. Granting summary judgment in favour of the music industry, a US federal court has found peer-to-peer file-sharing service LimeWire liable for copyright infringement. This judgment is yet another in a long line of cases that have established that distributing and maintaining a file-sharing service […]

Digital Locks and the Fate of Fair Dealing in Canada: In Pursuit of 'Prescriptive Parallelism'

May 17, 2010 1 min read
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Professor Carys Craig (Osgoode Hall Law School) has a new paper available on SSRN. Her article is described below. The enactment of anti-circumvention laws in Canada appears imminent and all but inevitable. This article considers the threats posed by technical protection measures and anti-circumvention laws to fair dealing and other lawful uses of protected works, […]

Canada Still in Search Of Answers to the Digital Media Conundrum

May 14, 2010 1 min read
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Vincent Doré is a JD/MBA Candidate at Osgoode Hall Law School and Schulich School of Business. Over 2000 people convened in Stratford, Ontario this week for Canada 3.0: Canada’s Premier Digital Media Forum.  This 2-day conference was created in an effort to bring together the best minds from the digital media space to collaboratively develop […]

Do Rights-Based Perspectives Underlie The Interpretation of Statutes in IP Law?

May 13, 2010 1 min read
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Steven Zuccarelli is a JD Candidate at Osgoode Hall Law School. Balancing pharmaceutical patent rights with public health needs is a contentious issue that poses enormous challenges to lawmakers.  The conflict between innovators of therapeutics and generic manufacturers is fought from divergent perspectives on the battlefield formed by patent laws.  At stake is the balance […]

Global Record Industry Numbers Down (Again)

May 13, 2010 1 min read
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Stuart Freen is a JD candidate at Ogsoode Hall Law School. The International Federation of the Phonographic Industry (IFPI) recently released its annual Recording Industry in Numbers report, and the numbers are grim indeed: Global recorded music revenues fell 7%, amounting to a whopping US$ 17 billion decline. Canada meanwhile was given a failing grade […]

Patching the Cloak of Anonymity: The Freedom of Expression, Privacy and Defamation Law

May 12, 2010 1 min read
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Robert Dewald is a JD Candidate at Osgoode Hall Law School. The internet provides an ideal environment for users to express themselves, their ideals and concerns.  This expression is valued by society and enshrined in the Canadian Charter of Rights and Freedoms which protects various rights and influences the interpretation of Canadian law.    However, protecting […]

“Bad Faith” Decisions Bad News for Trade-mark Applicants?

May 10, 2010 1 min read
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Jeffrey Vicq is a member of Clark Wilson LLP’s Technology & Intellectual Property Group.  He regularly writes about Canadian trade-mark issues on the Canadian Trademark Blog.     Those of us who provide trade-mark prosecution and counselling services—and particularly those of us who work with clients that have multi-national trade-mark portfolios—know that clients are sensitive […]

Scotiabank Loses Domain Name Dispute

May 10, 2010 1 min read
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Zak Muscovitch is the principal of The Muscovitch Law Firm, in Toronto, Canada. He is a veteran domain name lawyer having represented numerous domain name owners from all over the world in disputes and transactions since 1999.   Banking errors always seem to be in favour of the bank, however in this particular case, Scotiabank’s […]