I have been working for some time on a book-length manuscript (introduced here earlier) tracing the history of the idea of intellectual property before there was a legal class of intellectual property in the modern sense (which is usually said to originate with the Statute of Anne 1710). My history is focused on the particular, if not peculiar, class of intellectual property associated with learning and the learned, which is to say with works of scholarship and research.

The book itself is a good number of months and two reviews away from publication, so this is not an infomercial-blog for . . . [more]

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 infringement, in the second part, the amount of monetary relief is then determined.

The Rule

The Federal Courts Rules, applicable in the Federal Court where most IP cases . . . [more]

I worked with a client the other day to figure out what strategy she should put into place to maximize the 60 business cards she picked up during a 2-day conference that was truly filled with people who are her target market. First and foremost it’s about building relationships, so where do we begin?

The first “touch” needs to be a very personal email, referring to the interaction at the conference. This presented a problem for my client since she couldn’t remember something specific about each of the 60 individuals she met. It’s not unusual… 60 people are too many . . . [more]

Lawyers need to find information, the faster the better. As the years go by, your electronic files expand and your ability to retrieve information quickly can suffer. I’ve already looked at desktop search by itself and want to look at search that incorporates your e-mail this time around. A search tool that digs into your inbox and, potentially, everything else on your computer, can eliminate the need to repeat searches in more than one place.

Search Your Email

All of the e-mail clients I’ve used have included search. Most, like Microsoft’s Outlook or Mozilla’s Thunderbird, will search your local . . . [more]

Prior to the election of Law Society of Upper Canada benchers on April 30, 2015, the Ontario Trial Lawyers’ Association posted on its website a list of benchers who opposed the introduction of Alternative Business Structures. The website stated: “OTLA urges all association members and other eligible licensed lawyer to vote for the following candidates opposed to ABS” (OTLA Bencher Election Voting Guide). At the time some commentators, including me, were quite critical of the OTLA for this approach (“ABS issue dominating bencher vote”)

In this column I want to expand on those criticisms. Not because . . . [more]

The more conflict escalates, the more human beings tend to characterize the issues as black or white, right or wrong, good or bad. The sad truth is that with more intensity, our thinking becomes less complex and we are less able to see all of the possibilities and to engage effectively. We are attracted to polarities, probably for their simplicity, bit life is not binary – it is complex and full of grey.

In his new book, “The Conflict Paradox – Seven Dilemmas at the Core of Disputes” (2015, Jossey-Bass), Bernie Mayer explores the mystery of this complexity in the . . . [more]

The American Library Association has declared the week of April 26-May 2 to be Preservation Week. In recognition of this event, I thought I’d take the opportunity to present Slaw’s readers with an overview of some of the large-scale partnerships, projects and initiatives working to preserve our print heritage, particularly in law. As you’ll see, there’s lots going on, though Canada’s barely at the party.

Centre for Research Libraries, JSTOR and the JSTOR Print Archive

One of the leaders in developing and encouraging collaborative partnerships for the digitization and preservation of our print heritage is the Center for Research . . . [more]

As a small business owner, I seek out and use tools to help with efficiencies – one of which is an online invoicing system, FreshBooks. I’m nothing more than a happy customer with a story to tell about how they engaged with and dazzled me.

Like many lawyers, billing is my least favourite activity. After much belly-aching, whining and sniveling with a colleague, I was referred to an online invoicing system that made this dreaded time-consuming task a little easier, and I’m now well underway.

On one particular recent evening, I settled in to start billing. All my billable time . . . [more]

My opinion stands that it is not always wise to try and predict the future, certainly for the longer-term, however necessary it is to seek to do so. Unpredictable risk for companies is everywhere and the impact of getting things wrong can be huge, perhaps in some cases immeasurably high. So perhaps rather than use prediction, it is preferable to identify a few key factors and examine the evidence surrounding them in order to anticipate trends in legal and professional publishing.

I believe that, without doubt, legal publishers, particularly the larger ones, face a broad range of challenges. . . . [more]

Over the past few years “But can’t you digitize this [and throw away the original]?” has joined “but isn’t it available electronically?” as a justification for getting rid of print library materials.

While there are advantages to having materials in digital format, the digitization process should not be treated as an easy way of reducing a library’s physical holdings. University libraries have been carrying out interesting digitization projects for some while now, but smaller libraries may find digitizing material more challenging since they do not have the same resources to call upon.

Before starting a library digitization project, there are . . . [more]

“In matters of grave importance, style, not sincerity, is the vital thing.”

Oscar Wilde

“Originality in the law is viewed with scepticism. It is only the arrogant fool or the truly gifted who will depart entirely from the established template and reformulate an existing idea in the belief that in doing so they will improve it. While over time incremental changes occur, the wholesale abandonment of established expression is generally considered foolhardy.”

Duncan Webb, ‘Plagiarism: A Threat to Lawyers’ Integrity?’ (2009), International Bar Association

Reasons for decisions are the windows into the decision making process. Reasons should ensure . . . [more]

Last month, as part of a five-year SSHRC funded research project exploring the costs of justice, the Canadian Forum on Civil Justice released the first data from its national legal problems survey, “Everyday Legal Problems and the Cost of Justice in Canada”. Completed in 2014 with over 3000 respondents, the survey finds that everyday legal problems are ubiquitous in the lives of adult Canadians. Over any given three-year period almost 50% of adult Canadians will experience at least one legal problem that they find series and difficult to resolve.

What Are Everyday Legal Problems?

Everyday legal problems are the . . . [more]