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
Can workplace information retained in a person’s memory constitute a trade secret? Until recently the answer was no, with courts applying trade secret protection to documents removed from an employer but not to those recreated from a former employee’s memory. However, the Ohio Supreme Court recently reversed this rule in Al Minor & Assoc., Inc. […]
Update July 7, 2009: Jonathan Giraldi's post "CIRA’s WHOIS Policy Strikes a Balance" won the Gowlings LLP Best Blog in IP Law and Technology Prize Fall 2008 in Professor D'Agostino's IP class In a hotly-debated move, Canada’s internet domain registry authority has allowed select groups to request the personal information of domain registrants, after promising […]
When American Airlines filed a lawsuit last year against Google claiming trademark infringement, many people hoped that this case would clarify the otherwise confusing jurisprudence surrounding the issue- whether or not Google allowing advertisers to purchase trademarks as keywords for advertising- is trademark infringement. However, in July the companies stated in identical emails, that they […]
The ideas that an inventor’s time and investments should be protected and new inventions encouraged through the granting of patents, underlie some of the justifications of our current patent system. Theorists such as Adam Smith and Jeremy Bentham claim that patents are necessary to encourage invention at no social cost (1). Professor Heller of Columbia Law […]
In fashion, the thin line between inspiration and “piracy” becomes increasingly blurred as fashion executives, designers, editors, and lawyers struggle to define what constitutes unethical imitation. Daniel Drapeau, a lawyer representing high-profile clients, criticizes the lack of legal protection in Canada by questioning whether we should be encouraging “cheap chic merchants”. Franco Rocchi of Le Chateau, […]
A recent landmark decision by the United States Supreme Court in Quanta v. LG Electronics has effectively restricted patent-holders’ ability to claim infringement for subsequent uses of licensed products. This is the latest step by the top American court to circumscribe the scope of entitlements of patent-holders by limiting the ability of companies to collect […]
In August 2008, New Zealand judge, Justice David Harvey, made a ruling banning the publication of the names of two men who were charged with murder, on news websites. His main concern was the ability of jurors to Google the names of defendants before trials, and easily access information on their past criminal history. He […]
In a judgment pronounced in early August, which will encourage the open-source movement (Jacobsen v. Katzer, available at http://www.cafc.uscourts.gov/opinions/08-1001.pdf), a US Court of Appeals (Federal Circuit) held that a copyright holder can control the future distribution and modification of her work (through, for instance, means such as open-source licenses) even if she has dedicated the […]
Update July 7, 2009: Barry Stork's post "Liberal Party of Canada and Green Shift Inc.: Principles Take a Back Seat to the Almighty Dollar" won the Gowlings LLP Best Blog in IP Law and Technology Prize Fall 2008 in Professor D'Agostino's IP class Even before Parliament’s dissolution on September 7, 2008, Jennifer Wright took issue […]
Bill C-61 has been met with much criticism from IP experts and users alike. Though C-61 died on account of the federal election, debating its merits is not redundant as we may see its return. As I see it, much of what is wrong with the Bill can be seen in the following example of […]