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Three Business IP Scams to Watch For

It’s summer vacation season, and worth a reminder about some common business IP scams to watch out for. Staff covering for vacations and unfamiliar with these may be more vulnerable to them. While there are lots of scams out there, these three are the ones I get asked about most by clients. The trademark registration scam. Scammers monitor the trademark application process, and send an invoice to the trademark applicant that looks like it...
Posted in: Legal Information, Miscellaneous

Thursday Thinkpiece: Gebru on Protecting Traditional Knowledge Through Sui Generis IP Law

Each Thursday we present a significant excerpt, usually from a recently published book or journal article. In every case the proper permissions have been obtained. If you are a publisher who would like to participate in this feature, please let us know via the site’s contact form. International Intellectual Property Law and the Protection of Traditional Knowledge: From Cultural Conservation to Knowledge Codification Aman K. Gebru, SJD Candidate...
Posted in: Thursday Thinkpiece

Federal Court of Canada Issues New Case Management Practice Notice Affecting IP Litigation

The Federal Court recently issued a practice notice entitled Notice to the Parties and to the Profession – Case Management: Increased Proportionality in Complex Litigation before the Federal Court. The notice affects all complex litigation before the Court, including intellectual property matters. The notice is designed to achieve increased proportionality in Federal Court proceedings, and introduce efficiencies which should save...
Posted in: Intellectual Property

Liability and Remedies – Bifurcation in IP Cases

Bifurcation, or the splitting and deferring of the resolution of issues, is common in intellectual property proceedings. If a case is bifurcated, the issue of liability is determined first, followed by the remedies, but only if necessary. In the example of a patent case, the first part of the proceeding would focus on the validity and infringement of the patent to determine whether the defendant has infringed the patent. If there is...
Posted in: Intellectual Property

IP Osgoode Videos of Symposium on “User-Generated Content Under Copyright Law”

IP Osgoode has put online a series of videos of the panel discussions held during their symposium on User-Generated Content (UGC) Under Canadian Copyright Law held at Osgoode Hall Law School a month ago. You can see all six of the videos on the IPOsgoode site or view them on YouTube, the links for which are below: Video I: Practical Examples of UGC – Daniel Rosen, Gordon Duggan, Victor Nabhan (Panel Chair) Video II: Legal Aspects of UGC...
Posted in: Education & Training: CLE/PD, Substantive Law

IP Osgoode Symposium on User-Generated Content Under Canadian Copyright Law

IP Osgoode and Osgoode Hall Law School’s Pierre Genest Memorial Fund are presenting a day-long symposium on User-Generated Content Under Canadian Copyright Law on Thursday October 10, 2013. The featured speaker will be Professor Victor Nabhan and, according to IP Osgoode, [s]ome of the topics for discussion include an analysis of the UGC [user-generated content] exception under Canadian copyright law, the interaction of the UGC exception...
Posted in: Announcements, Substantive Law

Cronut May Have IP Issues as Well

In the wake of the 150 illnesses at the Canadian National Exhibition (CNE) recently, you’d think the Cronut is a name that vendors would avoid like the plague. From the outset the Cronut name has been closely protected by its inventors in Soho, New York. Dominique Ansel Bakery, which created the Cronut in May 2013, has provided legal notices to American bakeries selling products with the same name, and they were not pleased when Toronto’s...
Posted in: Miscellaneous

New IP Group of Columnists on Slaw

Slaw is proud to announce the institution of a new group of columnists who will write on the topic of intellectual property. The IP group joins the eight groups currently writing on specific topics. The IP group includes: Paula Bremner – Sim, Lowman, Ashton & Mckay LLP – Paula specializes in pharmaceutical patent litigation and also has significant experience in trade-mark opposition matters. Lorraine Fleck – Hoffer Adler...
Posted in: Administration of Slaw

The Lure of the Other IP, Intellectual Philanthropy

It’s funny how you can work in a field for a good number of years and completely miss an extremely pertinent term for that field. Then, suddenly it strikes you as particularly apt, and leaves you wondering how you had missed it. I have been working on questions of open access to research and scholarship for a little more than a decade, and last week I ran into intellectual philanthropy in a 2011 book by Taylor Walsh entitled Unlocking the Gates...
Posted in: Legal Publishing

The Hargreaves Report on IP in Britain

The UK government commissioned a review of intellectual property policy back in November of last year. The report [PDF] of commission chair Professor Ian Hargreaves was released today, making: … 10 recommendations designed to ensure that the UK has an IP framework best suited to supporting innovation and promoting economic growth in the digital age. A significant thrust and recommendation of the Hargreaves Report is that policy must be made on...
Posted in: Reading, Technology

Maori Culture and IP Law

From the Law Library of Congress, a new report: New Zealand: Maori Culture and Intellectual Property Law. The protection of the traditional cultural expressions of indigenous people from inappropriate use raises issues relating to the differences between standard intellectual property concepts and the “worldview” of such groups. This report might ring some bells in Canada. The Maoris work to maintain traditional forms while addressing current...
Posted in: Technology: Internet

A Great Month for Online IP Resources

Intellectual property researchers should have a look at WIPO Lex, a new reference resource from the World Intellectual Property Organization (WIPO) that provides up-to-date information on national IP laws and treaties of the members of WIPO, the World Trade Organization and the United Nations. It currently features the complete IP legal texts for over 60 countries with substantial coverage for a further 100 legal systems. IP history buffs can...
Posted in: Legal Information: Libraries & Research, Substantive Law: Foreign Law, Substantive Law: Legislation