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


Copyright law and policy articles in latest issue of Osgoode Hall Review of Law and Policy

Dec 1, 2008 2 min read
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Adrian Scotchmer is the Editor-in-Chief of the Osgoode Hall Review of Law and Policy. The latest issue of the Osgoode Hall Review of Law and Policy, released November 24, 2008, may be of interest to readers of IP Osgoode as it contains three papers regarding copyright law. Recent debate with respect to copyright law has assumed […]

Sir Hugh Laddie - Commemoration

Dec 1, 2008 2 min read
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Sir Hugh Laddie QC, who passed away last week after a long battle with illness, will be remembered for many things.  For those who knew him, he was entertaining and witty company and a loyal friend, always ready to lend a hand; for those who appeared in court against him, he was a brilliant advocate; […]

Think Twice Before You Click Send!

Nov 30, 2008 1 min read
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E-mail emerged as an informal and humble means of electronic global communication. Now ubiquitous in business communications and transactions, e-mail is on the verge of becoming a key mover and shaker of modern day contract law. One of the most important features of a contract is offer and acceptance, which is often referred to as […]

Fair application of 'Fair Dealing': A look at uncertainties

Nov 28, 2008 2 min read
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In George Nathanael’s post titled “Protecting Graffiti Artists”, he proposed that withholding copyright protection for graffiti is the best response to the question of whether creators of graffiti should be protected the same way as other artists who create murals on their own property. The dilemma of rewarding someone who created a work of art in […]

Tony Chapman: “Made in Canada: Why creativity and invention must become the life blood of our economy”

Nov 27, 2008 2 min read
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This past Tuesday, as part of the IP Osgoode Speaks series, Tony Chapman, founder and CEO of Capital C Marketing Group, gave a talk about the need for Canada’s industries to generally change the way they do business. The event was hosted in one of the vibrant seminar rooms of Capital C in downtown Toronto. […]

What would an ordinary observer do?

Nov 26, 2008 1 min read
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In the U.S. case Egyptian Goddess v. Swisa, the the US Court of Appeals for the Federal Circuit adopted an “ordinary observer” test for determining whether a design patent (also known as an industrial design) has been infringed. Prior to this case, courts often used a “point of novelty” test: identify the point of novelty […]

Speech from the Throne: A ray of hope for IP reform in the clouds of uncertainty

Nov 25, 2008 1 min read
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On Wednesday November 18, 2008 the Right Honourable Governor General of Canada Michaëlle Jean delivered the Government’s Speech from the Throne, and so dawned Canada’s 40th session of Parliament. The speech outlined the Conservative government’s goals for its term in power under the shadow of the current economic storm looming over the world. Though much […]

The CRTC telecom decision: net neutrality supporters might have lost a battle but still have a shot at winning the war

Nov 24, 2008 1 min read
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The buzz around ‘net neutrality’ has started again. ‘Net neutrality’ is a term that became widely used and debated in the early 2000s. Simply put ‘net neutrality’ means ‘absolute non-discrimination’ against any site or content on the net. In particular, the term suggests that users should have equal access to the internet and that broadband […]

You say Limoncello, I say Limonchelo…

Nov 21, 2008 1 min read
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Limoncello is a generic term for a type of Italian lemon liqueur. However, in Shaker di L. Laudato & C. Sas v. OHIM, the (European) Court of First Instance held that Shaker’s design mark, which prominently featured the word ‘Limoncello’, was confusing with the earlier Spanish word mark ‘Limonchelo’. The Court reached this decision by […]

Argentinean Judge Orders Yahoo! and Google to Control Information

Nov 20, 2008 1 min read
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In Argentina, Google and Yahoo! have blocked the results of several searches on famous people, in response to an injunction from an Argentinean judge. Several lawsuits from athletes, entertainers, and political figures have led to a judicial order to block defamatory and pornographic search results. While the order did not target all search results on […]