A Leading Voice in Intellectual Property & Technology Law

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


Not so bizarre, Pirate Bay Operators found guilty

Apr 21, 2009 1 min read
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Sundeep Chauhan is currently Vice-President and General Counsel to the NRCC. The Swedish courts have rendered a landmark verdict against the largest peer-to-peer site in the world.  The four men behind Pirate Bay, the Swedish file-sharing site used by an estimated 22 million users to freely exchange copyright protected movies, music, software, and video games, […]

Are Trade-marks Recession Proof?

Apr 20, 2009 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. In today's tough economic times, downsizing and cutting costs has become the global universal mantra.  But is this strategy necessarily applicable to intellectual property?  Given that trade-mark rights can exist in perpetuity, their value […]

Are Patents on Interfaces Impeding Interoperability?

Apr 20, 2009 1 min read
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Pamela Samuelson is the Richard M. Sherman ‘74 Distinguished Professor of Law and Information at the University of California at Berkeley and is a member of IP Osgoode's International Advisory Council. Many commentators and policymakers have expressed serious concerns about the exclusionary potency of patents on communications protocols and interface designs for information and communications […]

Potential of US Copyright Agenda to Endanger Freedom of Expression in China

Apr 17, 2009 1 min read
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One of the most prevalent criticisms leveled against China today is the lack of human rights afforded to its citizens.  This is particularly so in the area of civil and political rights, where China’s single-party unitary rule has made political prisoners of pro-democracy activists.  Western advocacy groups have applied political pressure to convince the Chinese […]

Doctrine of First Sale in Our Digital World

Apr 16, 2009 1 min read
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On March 26, 2009, the Queen held a reception for leaders attending the G-20 summit. President Barack Obama and his wife Michelle were the first dignitaries to meet the Queen. During their private meeting, President Obama and the first lady presented the Queen with a gift. The gift was a personalized iPod - complete with […]

Cybersquatting: One Too Many

Apr 15, 2009 1 min read
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A recent cyber-squatting dispute sheds light on the fact that although avenues for resolutions exist, cybersquatting is still a major problem plaguing internet commerce today. It all started when US media giant Viacom, decided to move material about its TV show 'Jackass' to the domain name 'jackass.com',  but realized that a serial cybersquatter based in the Virgin Islands (owned […]

Patent Infringement Remedies: Is a Nonexclusive License Worth Less?

Apr 14, 2009 1 min read
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Although a patent is typically seen as a right to exclude others, the willingness of American courts to automatically provide that right through a permanent or preliminary injunction has been affected by the Supreme Court of the United States in Ebay v. MercExchange (547 U.S. 388 (2006)).  In a recent article, Prof. Richard Epstein argues […]

Picture This: Consent and Control over Your Image

Apr 13, 2009 1 min read
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ViVien Hoang is a first year law student at Osgoode Hall and is taking the Legal Values: Challenges in Intellectual Property course. Aubry v. Editions Vice-Versa, [1998] 1 S.C.R. 591 altered the legal landscape in which photographers were operating in Quebec.  Aubry distinguishes Canadian public photography laws from American ones; the contrast is evident when […]

What is the expectation of privacy online?

Apr 13, 2009 1 min read
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Kevin Osborne is a first year law student at Osgoode Hall and is taking the Legal Values: Challenges in Intellectual Property course When you give your email address to a website, do you expect that site to offer it to anyone who asks for it? How much privacy do you expect? A recent case heard […]

Graduated Response Systems

Apr 13, 2009 1 min read
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James Gannon is an Osgoode Hall alumnus and is currently an articling student at McCarthy Tétrault. Much attention has recently been paid to proposed legislation that would require Internet Service Providers (ISPs) to step up their efforts to prevent subscribers from downloading copyright-protected content through the Internet connections they provide. These initiatives are often described […]