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
On Nov. 7, the Federal Court of Appeal released their decision in eBay v. Minister of National Revenue, 2008 FCA 348. This case involved the appeal of an ex parte order of the Federal Court under s. 231.2 of the Income Tax Act, R.S.C. 1985, c. 1 (5th Supp.) to produce information identifying “PowerSellers” in […]
We live in an economy where manufacturers constantly strive to protect and increase their market share. Strategic intellectual property protection can be a great way to ensure product exclusivity, but can, and should, a single product enjoy several different forms of IP protection? One area where this overlap can occur is between industrial designs and […]
Catherine Bond is a PhD Candidate at the Faculty of Law, University of New South Wales Today there are generally no surprises when it comes to copyright law. Earlier this year, when the Full Federal Court overturned the decision of Bennett J in Nine Network Australia Pty Ltd v IceTV Pty Ltd, there was disappointment, […]
Over the past decade, China, a developing country with a population of 1.3 billion, has nurtured a booming economy, growing at an exponential rate. All of this has not been without a heavy cost however; China’s industrial activity has contributed immensely to the world’s total emissions of greenhouse gases. It has been projected that China […]
The recent sequencing of two human genomes exemplifies the current pace of development in the field of genomics. Newer technology is making it much cheaper and quicker to carry out this process, which raises the possibility that its use will eventually become more widespread by researchers, such that the genomes of consumers and patients may […]
With Americans electing a new president last week, change is the topic du jour. This is only compounded by the recent financial crisis, which led the chairman of the Federal Reserve to proclaim, "there are no atheists in foxholes and no ideologues in financial crises". Shortly thereafter, a bi-partisan coalition passed a bailout bill that […]
In my last privacy post I identified certain cloud-computing privacy issues that may be regulated by the free-market. This post will outline a risk-based approach to analyzing privacy issues that laws and legislation may be required to address. A risk-based analysis is beneficial in that it changes how a problem is viewed and the type of solution […]
In a unanimous decision released last Thursday (Apotex Inc. v. Sanofi‑Synthelabo Canada Inc., 2008 SCC 61), the Supreme Court of Canada confirmed that selection patents are, in principle, valid under the Canadian Patent Act. In making their pronouncement, the Supreme Court polished other legal requirements for patentability along the way. The case began 6 years […]
On Friday, November 7, IP Osgoode, the Institute For Feminist Legal Studies, and Putting Theory To Practice (An International Speakers Series At Osgoode Hall Law School) held a unique event: a roundtable of numerous female leaders in the IP field discussed and reflected on the opportunities and challenges that women face in this area of […]
The much anticipated decision by the U.S. Court of Appeal for the Federal Circuit in Re Bilski is the latest development in the ongoing debate over the scope of patentable subject matter in the United States. More specifically, the case gave the Court an opportunity to re-examine the subject matter requirements for business method, software […]