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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


Ordinary Observer Test Prevails Over Point of Novelty for Design Patents

Jan 8, 2010 1 min read
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Nirav Bhatt is an LLM candidate at Osgoode Hall Law School. The test for determining the validity of design patents should be the “ordinary observer test” and not the “point of novelty”. The US Court of Appeals for the Federal circuit (CAFC) in the recent case of International Seaway Trading Corp. v. Walgreens Corporation ruled that […]

Responsible communication -- for bloggers, too

Jan 7, 2010 1 min read
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Peter Waldkirch is a second year LL.B. student at the University of Ottawa. Over the holidays the Supreme Court of Canada released two decisions – Grant v. Torstar Corp and Quan v. Cusson – that have attracted considerable attention in the media. This is natural, since the decisions both directly address the ambit of media […]

IsoHunt found liable for inducing copyright infringement

Jan 6, 2010 1 min read
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Nathan Fan is a JD candidate at Osgoode Hall Law School. U.S. District Court Judge Stephen Wilson released a summary judgment on December 21, 2009, finding Gary Fung and his peer-to-peer torrent websites liable for inducing copyright infringement in the U.S. Proceedings against Gary Fung began in 2006, when MPAA members sued Gary Fung and his […]

Top Intellectual Property and Technology Stories of 2009

Jan 5, 2010 1 min read
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2009 was a significant year for developments in the area of intellectual property and technology.  We have put together a brief list of noteworthy news, events and cases that we have covered this past year.  Many of these items received top mainstream news coverage and were closely watched by the Canadian public.  We are also […]

Is a Re-Brand of the Canadian Trade-marks Act Imminent?

Jan 5, 2010 1 min read
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Ashlee Froese is an Osgoode Hall alumnus and currently practices intellectual property at the law firm of Keyser Mason Ball LLP. CIPO’s Consultation In an effort to maintain “a modern and efficient trade-marks regime” that is globally competitive, the Canadian Intellectual Property Office (“CIPO”) is re-considering whether Canada should ratify the Madrid Protocol.  CIPO last […]

Forcing ‘search neutrality’ on Google

Jan 5, 2010 1 min read
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George Nathanael is a JD candidate at Osgoode Hall Law School. It’s the beginning of a new decade, and of course, the last one has seen the internet experience tremendous growth and change. Perhaps no other company has enjoyed the boom as much as Google. Just over 10 years ago, the then corporation of 8 […]

Star Wars Armour not Protected by Copyright in the UK

Dec 23, 2009 1 min read
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Brandon Evenson is a JD candidate at Osgoode Hall Law School. A long time ago in a galaxy far, far away, an epic copyright war was being waged across the world…. This, perhaps, might have been a better introduction for the UK High Court of Justice Court of Appeal (Civil Division) in one of their […]

Happy Holidays from IP Osgoode

Dec 22, 2009 1 min read
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Giuseppina D’Agostino is the Founder and Director of IP Osgoode and an Assistant Professor at Osgoode Hall Law School. IP Osgoode would like to wish each of you a very Happy Holiday!  We appreciate your interest and support over the past year and would like to thank all of you for the many kind comments […]

Improving the Trademark Registration Process through the Use of Private Actors

Dec 22, 2009 1 min read
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Irina D. Manta is an Assistant Professor at the Case Western Reserve University School of Law. It is a common misconception in the United States that while applications for patent registration suffer delays, problems with the much simpler process of trademark registration are few and far between. As a result, scholars and practitioners have started […]

Putting your eggs in one basket

Dec 22, 2009 1 min read
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Brian Chau is a JD Candidate at Osgoode Hall Kobe Bryant, Tiger Woods, Martha Stewart - all mighty brand names, with all too-famous stumbles. Personal branding is a powerful tool - our minds subconsciously create the association, and without knowing, we suddenly consider Accenture as a lean, mean consulting machine. However, what happens when the […]