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Monday’s Mix

Each Monday we present brief excerpts of recent posts from five of Canada’s award­-winning legal blogs chosen at random* from more than 80 recent Clawbie winners. In this way we hope to promote their work, with their permission, to as wide an audience as possible.

This week the randomly selected blogs are 1. IP Osgoode 2. McElroy Law Blog 3. BC Injury Law Blog 4. Family LLB 5. Excess Copyright

IP Osgoode
China’s Patent Policy: Pros, Cons, and an AI Solution

China has historically been a small player in regard to patent filing. As recently as a decade ago,[i] China’s patent office, SIPO, which serves a country with three times the population of the United States, processed less than half as many patent applications as the USPTO, America’s patent and trademark…

McElroy Law Blog
Tech and Privacy: Protecting Against Unreasonable Search and Seizure

In 2017, I spoke at a conference put on by SERENE-RISC, an organization that works on issues of cybersecurity and aims to protect people from cyber threats. There, I cleverly tricked all of the participants to learning about the Charter by giving an overview of the law around search and seizure as it relates to cell phones. The talk was broadly structured to address three main questions: Can the police search my phone? Can the police search my buddy’s phone? And can the police search everyone’s phone? …

BC Injury Law Blog
Non Disclosed Defence Report Thwarts Request for Second Independent Medical Examination

Reasons for judgement were recently given by the BC Supreme Court, New Westminster Registry, dismissing a defence request for an independent medical examination of a Plaintiff where the Plaintiff already saw an expert of the Defendants choosing but the Defendants have yet to produce a report from that expert. …

Family LLB
Should Long-Ago Syrian Divorce Be Recognized in Canada?

In a case called Al Sabki v. Al Jajeh, the court pondered whether a divorce decree purportedly obtained by the husband a decade earlier in Syria should be recognized in Canada. If so, the wife would be precluded from claiming spousal support in this country. The couple had both grown up in Syria, and met while they were both practicing medicine in the same hospital there. They married in 1988, and the wife stopped practicing within a year so that they could start a family. …

Excess Copyright
Launch of Copyright Board’s New Regime for Publication of Proposed Tariffs & Other Changes: Bigger Budget, 30 Days Less Time to Object, Promises of “More Intuitive Architecture”, & a Twitter Account!

Changes to the Copyright Act were implemented in the omnibus budget Bill C-86 which, by its very nature, had virtually no public scrutiny. The changes regarding the Copyright Board came into effect on April 1, 2019. These amendments were supposedly intended, inter alia, to speed up the process at the Copyright Board for the approval of tariffs. I provided a rather detailed critique of the Bill and the process on November 6, 2018 here. I suggested at the time that the Bill: …

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*Randomness here is created by Random.org and its list randomizing function.

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