Intellectual Property Law Commons^™

Session Two: The Academic And University Perspective, David Phipps, Sean O'Connor, Slavatore Paneduro, Ikechi Mgbeoji

Ikechi Mgbeoji

David Phipps, Executive Director of Research & Innovation Services at York University, and Salvatore Paneduro, Research Officer, Faculty of Graduate Studies at York University, discuss existing infrastructure that supports student intellectual property needs and the commercialization of research.

Sean O’Connor, University of Washington School of Law, talks about the student-supervisor relationship and its affect on innovation and the commercialization process.

The "Terminator" Patent And Its Discontents: Rethinking The Normative Deficit In Utility Test Of Modern Patent Law, Ikechi Mgbeoji

Ikechi Mgbeoji

Arguably, no other biotechnological invention has been excoriated with so much confused rhetoric on “utility” as the invention relating to Genetic Use Restriction Technologies (“GURTs”) patented in the United States, Canada, Australia, Belgium, Bulgaria, Denmark and many other countries. Otherwise known by their rather inflammatory nickname of both “terminator patents,” GURTs have become the lightning rod for both technophiles and Luddites. At the heart of the controversy is a misunderstanding of the changed meaning of the concept of utility in patent law. This paper argues that while the public understanding of utility as social usefulness is well grounded in history …

2033, Patent Rights, Property, Exclusivity And How A Newborn Reaching The Age Of Maturity Will Experience The Patent System, If There Is Still One, Severin De Wit

Severin de Wit

This article was published in a "Liber Amicorum" contributed to Charles Gielen at the law firm of Nauta Dutilh upon his departure as Professor of Intellectual Property of the University of Groningen (Netherlands). The essay reflects on how a 2015 newborn will look at intellectual property in 2033 - the year he reaches maturity at his 18th birthday. The book was presented to Charles at a special event at the offices of the law firm Nauta Dutilh on September 30, 2015. The Liber Amicorum under the titel "gIElen, een bekend begrip" is published by Wolters Kluwer.

What Belongs In Copyright?, Keynote Address, Joseph Liu

Joseph P. Liu

What Belongs In Copyright?, Keynote Address, Joseph Liu

Joseph P. Liu

Digital Copyright Enforcement Measures And Their Human Rights Threats, Peter K. Yu

Peter K. Yu

No abstract provided.

On The Importance Of Intellectual Property Rights For E-Science And The Integrated Health Record, Giuseppina D'Agostino, Chris Hinds, Marina Jirotka, Charles Meyer

Giuseppina D'Agostino

An integrated health record (IHR) that enables clinical data to be shared at a national level has profound implications for medical research. Data that have been useful primarily within a single clinic will instead be free to move rapidly around a national network infrastructure. This raises challenges for technologists, clinical practice, and for the governance of these data. This article considers one specific issue that is currently poorly understood: how intellectual property (IP) relates to the sharing of medical data for research on large-scale electronic networks. Based on an understanding of current practices, this article presents recommendations for the governance …

The Legal Implications Of Commercializing Intellectual Property Rights, Giuseppina D'Agostino

Giuseppina D'Agostino

Giuseppina D'Agostino, an expert in intellectual property and technology law and an Associate Professor at Osgoode Hall Law School on IP law and commercialization.

Session One: The Student Researcher Perspective, Udo Verkerk, Razieh Niazi, Pasan Hapuarachchi, Giuseppina D'Agostino

Giuseppina D'Agostino

Student researchers discuss innovation and the commercializing of their research.

Razieh Niazi talks about patenting her research and establishing Kaypok Inc.

Pasan Hapuarachchi discusses institutional infrastructure and support for student inventors.

Udo Verkerk discusses challenges for student inventors, lack of knowledge regarding intellectual property and relationships with supervisors who may oppose commercialization of academic research.

Generalist Judges, Technical Expertise, And The Standard Of Review: A Presentation By Justice Marshall Rothstein Of The Supreme Court Of Canada, Marshall Rothstein, Giuseppina D'Agostino, David Vaver

Giuseppina D'Agostino

The Honourable Mr. Justice Marshall Rothstein of the Supreme Court of Canada discusses the nexus between specialist technical expertise and the generalism of judges of courts of appeal, as well as commenting on the peculiar direction for the standard of review of the various administrative bodies that govern most IP matters.

Welcome Remarks And Keynote, Giuseppina D'Agostino, Sylvain Laporte

Giuseppina D'Agostino

This conference highlights the role that students play in commercializing intellectual property. Student researchers, whether in a university lab or R&D department of an organization, contribute to the development of a research project and are often the innovative force behind a project. The purpose of the conference is to learn from different perspectives on the role of student researchers in commercializing IP and the different policies that have been adopted to provide for the various parties’ interests with respect to that IP. The conference included interactive panel sessions to foster discussion. Two panels consist of members from government, industry and …

Welcome Remarks, Giuseppina D'Agostino, François Tanguay-Renaud, Victor Nabhan

Giuseppina D'Agostino

This symposium focuses on the legal and commercial aspects of user generated content (“UGC”) featuring Professor Victor Nabhan, the Genest Global Faculty member for the fall 2013 term at Osgoode Hall Law School.

Advocacy Skills And Ip: Observations From The Bench, Roger Hughes, Giuseppina D'Agostino

Giuseppina D'Agostino

Justice Roger T. Hughes of the Federal Court of Canada shares his experience and talks about the process a judge goes through in arriving at a judgment.

Copyright Exceptions As Users’ Rights? An Empirical Critique, Emily Hudson, Giuseppina D'Agostino

Giuseppina D'Agostino

Dr. Emily Hudson, the Career Development Fellow in Intellectual Property Law at the Oxford Intellectual Property Research Centre at the University of Oxford, questions the prevailing legal and academic perceptions of the CCH Canadian Ltd. v. Law Society of Upper Canada (2004 SCC 13) judgment.

Contract Lex Rex : Towards Copyright Contract's Lex Specialis, Giuseppina D'Agostino

Giuseppina D'Agostino

No abstract provided.

Session Three: Applications In The Industry, Jeremy Laurin, Reza Yacoob, David Laliberté, Bill Chan, Giuseppina D'Agostino

Giuseppina D'Agostino

Jeremy Laurin, President and CEO, ventureLAB, Reza Yacoob, Senior Director Intellectual Property, Sanofi Pasteur, David Laliberté, Director of Intellectual Property Policy, Microsoft, and Bill Chan, IP Law Council, IBM Canada, discuss entrepreneurial culture and the contributions of student research to innovation in the industry sector.

Copyright In The Music Industry, Robert Levine, Brett Danaher, Giuseppina D'Agostino

Giuseppina D'Agostino

In celebration of Canadian Music Week, the IP Osgoode Speaker Series presented a panel discussion on “Copyright and the Music Industry” featuring journalist/author Robert Levine and Brett Danaher, Assistant Professor of Economics at Wellesley College. Levine spoke about the current state of copyright and the public discourse surrounding it. He argued the need for more effective enforcement mechanisms for rights holders. Danaher explored one such enforcement mechanism as he presented statistics drawn from his research on the effect of France’s Hadopi anti-piracy laws on iTunes sales.

The Case Against Federalizing Trade Secrecy, Christopher B. Seaman

Christopher B. Seaman

Trade secrecy is unique among the major intellectual property (IP) doctrines because it is governed primarily by state law. Recently, however, a number of influential actors — including legislators, academics, and organizations representing IP attorneys and owners — have proposed creating a private civil cause of action for trade secret misappropriation under federal law. Proponents assert that federalizing trade secrecy would provide numerous benefits, including substantive uniformity, the availability of a federal forum for misappropriation litigation, and the creation of a unified national regime governing IP rights. This Article engages in the first systematic critique of the claim that federalizing …

Comment On “Groove Is In The Hart”: A Workable Solution For Applying The Right Of Publicity To Video Games, Christopher B. Seaman

Christopher B. Seaman

No abstract provided.

Notice Failure, Fair Use, And The Limits Of Copyright As Property, Joseph Liu

Joseph P. Liu

Climate Change And Human Rights: Intellectual Property Challenges And Opportunities, Alexandra Phelan

Matthew Rimmer

Mitigating and adapting to the effects of climate change will require innovation and the development of new technologies. Intellectual property laws have a key part to play in the global transfer of climate technologies. However, failures to properly utilize flexibilities in intellectual property regimes or comply with technology transfer obligations under international climate change agreements calls for a human rights based analysis of climate technology transfer. Climate change is an unprecedented challenge and requires unprecedented strategies. Given the substantial impact of climate change on all of humanity and the ethical imperative to act, a complete rethink of traditional intellectual property …

U.S. Should Not Worry About Chinese Leaders Meeting With Tech Titans, Peter K. Yu

Peter K. Yu

No abstract provided.

Owning The New Economy: A Guide To Intellectual Property Management For Australia's Clean Technology Sector, Kane Wishart

Matthew Rimmer

Australia's history of developing and managing the intellectual property rights of domestic innovations is – at best – mixed. The relevant immaturity of Australia's public sector commercialisation infrastructure has, over recent decades, been the subject of both stinging academic commentary and not insubstantial juridical disbelief. That said, improvements have been observed, and increasingly, private sector involvement in public sector innovation has allowed for a deepening refinement of domestic approaches to IP retention and ongoing management. Rather than a bare critique of Australia's IP management track-record, or a call for specific law reform, this manual engages at a more practical level …

Regulatory Competitive Shelters, Yaniv Heled

Yaniv Heled

This Article identifies an array of seemingly disparate federal exclusivity regimes as belonging to an increasingly prevalent and relatively new class of highly valuable government benefits, which it names “regulatory competitive shelters” (RCSs). It characterizes RCSs and distinguishes them from other, more traditional kinds of government-instituted properties. The Article then proceeds to describe a particular brand of RCSs established in federal statutory frameworks whose aim—much like patents—is to create incentives for technological innovation. Identifying several common motifs of such RCS regimes, the Article offers a taxonomy of these RCSs and describes the mechanisms by which RCSs instituted under such regimes …

El Derecho Al Secreto Y La Teoría Del Cono, Juan Carlos Riofrío Martínez-Villalba

Juan Carlos Riofrío Martínez-Villalba

El presente estudio contiene una teoría general del derecho de los secretos, que sirve para determinar el peso específico de cada secreto, a efectos de realizar una correcta ponderación de derechos. La teoría explica las relaciones que existen entre los diversos tipos de secreto, utilizando y desarrollando la teoría del cono de García Morente, que se muestra como una herramienta apropiada para dilucidar cuándo hay derecho al secreto, cuando no lo hay y en qué medida. La metodología utilizada es inductiva. El análisis se estructura de la siguiente manera: (i) se recapitula la teoría general del derecho de los secretos; …

"Globalization And Legal Culture. The Influence Of Law & Economics’ Blogs In Developing Countries,", Críspulo Marmolejo

Críspulo Marmolejo

This paper considers the relationship between blogs and Law and Economics from two perspectives: some aspects of the law and economics approach to blogging, and the influence of blogs in the diffusion of Law and Economics. The article explores how blogs are a modern way of low cost domestic journalism, in a context in which the increasingsize of the blogosphere is a current challenge in terms of free speech and quality of the information. At the same time, blogs such as “The Volokh Conspiracy” are playing an interesting role in the American legal academia as areal instrument to analyze the …

Doctrinal Approaches To The Animal Breeders’ Rights Granting, Diana V. Ivanova Dr., Julia A. Fedorova

Diana V. Ivanova Dr.

In the paper we analyze foreign and national doctrinal approaches to the animal breeders’ rights granting. Its genesis, legal nature of animal breed, and location of related legal norms are considered. We try to justify the possibility of granting animal breeders’ rights in the Republic of Belarus.

If That’S The Way It Must Be, Okay: Campbell V. Acuff-Rose On Rewind, Thomas C. Irvin

Thomas C. Irvin

The 1994 Supreme Court case Campbell v. Acuff-Rose established broad protections for parody in U.S. copyright law. The decision has justifiably been hailed as a victory for free speech and artistic creativity. But while the case is well known, the facts behind the case are not. Those facts show that the case should have been decided differently by every court that heard it. In short, the case came out wrong—wonderfully wrong. This article is the first in-depth review of Campbell v. Acuff-Rose since the decision was handed down nearly 20 years ago, and is the first to examine the musical …

Proposed Secondary Liability Regimes For Trademark Infringement Online: Commentary, Irene Calboli, Jane Ginsburg, Amy Cotton, Bob Weigel, Bruce Rich, Miguel Peguera

Irene Calboli

No abstract provided.

Traditional Knowledge Rights And Wrongs, Sean Pager

Sean Pager

SourceURL:file://localhost/Users/sean/Documents/Folklore%20TK/Unpacking%20ABSTRACT.doc

Traditional Knowledge Rights and Wrongs

Sean A. Pager, Michigan State University

ABSTRACT

Should the intangible heritage of indigenous people be subject to intellectual property rights? After years of effort, international delegates are poised to complete a pair of ambitious treaties that would accomplish this goal. This Article provides the first detailed analysis and critique of the draft treaties, which provide for exclusive rights in traditional knowledge and cultural expression, respectively. Proponents of such protection often invoke both cultural integrity and economic justice rationales. Yet, these rationales dictate conflicting imperatives. To resolve these conflicts, the Article argues for greater differentiation …