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
Abolade Owoeye is at Osgoode Hall and is taking the Patent Law Course. Prosecution history estoppels also known as File-wrapper estoppel is a term used when an inventor has filed a patent application, but during prosecution of that patent application, the inventor amends the application in order to overcome a prior art. That inventor is subsequently […]
Alexander Gloor is a JD candidate at Osgoode Hall Law School. Fashion powerhouse Louis Vuitton has sued car maker Hyundai for trademark infringement stemming from a Super Bowl advertisement. Before reading on, try and spot the alleged infringement. If you paid attention, you may have noticed the design on the basketball, appearing for all of […]
Ron A. Bouchard is an Associate Professor in the Faculties of Medicine & Dentistry and Law, University of Alberta. Professor Bouchard has a new article available on SSRN and describes it below. One of the most strongly contested aspects of pharmaceutical policy concerns the role of intellectual property rights in providing economic incentives to firms […]
On March 16, IP Osgoode and the Nathanson Centre on Transnational Human Rights, Crime and Security are presenting a workshop on “Media Suppression: Life and Livelihood”. This unique half-day workshop will touch on topics such as digital rights contracts, libel chill, the Internet in totalitarian states, and legal recourse for the torture, kidnapping, and murder […]
Heather Hui-Litwin is a J.D. candidate at Osgoode Hall and is taking the Patent Law course. In patent litigation, claim construction is an extremely important aspect in the analysis of a patent. Findings of infringement and validity ultimately depends on the construction. The leading cases on claim construction is Free World Trust v. Electrosante (2000 […]
Virgil Cojocaru is a JD candidate at Osgoode Hall Law school. Choreography is about dance moves. It is the arrangement of dance moves, usually in patterns, accompanied by music. Are these dance moves protected by copyright? The argument out there is that they are, even when placed in games.
Stuart Freen is a JD candidate at Osgoode Hall Law School. South Australian parliament recently came under fire for passing a new anti-anonymity amendment to its electoral act. Described by the Australian media as “draconian”, the new law would require online commenters, bloggers and even talk radio show callers to fully identify themselves before providing […]
Jamie Goodman is a J.D. candidate at Osgoode Hall and is taking the Patent Law course. Facebook, a website whose primary platform is based around the notion of sharing, recently received an exclusive patent on its focal “News Feed” layout, which could very well hinder many other social networking sites from sharing information in a […]
Nathan Fan is a JD candidate at Osgoode Hall Law School. The EPO’s Enlarged Board of Appeal recently ruled that Swiss-type claims are no longer patentable in the EU, resolving the long-standing question while putting Abbott Respiratory’s patent application case to rest. However, the Enlarged Board’s decision also held that new dosage regimes for an […]
Darren Hall is a J.D. candidate at Osgoode Hall and is taking the Patent Law course. Addressing the question of whether a prior use will anticipate an invention if that prior use was previously unacknowledged, known as the doctrine of Inherent Anticipation, has been a struggle for Canadian courts.