Intellectual Property Law Commons^™

Electronic Discovery- Sedona Canada Is Inadequate On Records Management - Here's Sedona Canada In Amended Form, Ken Chasse

Canadian Journal of Law and Technology

A paper record can exist without its records system; an electronic record cannot. To use, corrupt, or destroy a paper record, one needs physical access to the records system wherein it is stored. But to use, corrupt, or destroy an electronic record one merely needs electronic access to its records system, from anywhere. Therefore any set of rules or principles for controlling the use of electronic records for any purpose, including electronic discovery, should incorporate the established policies and practices of electronic records management.

As to cost, rules of electronic discovery are needed with which to punish par- ties with …

Lessons From Bilski, Haewon Chung

Canadian Journal of Law and Technology

In this paper, I will examine how the U.S. and Canadian courts have approached the patentability of intangible inventions and discuss whether any lessons can be learned from the U.S.’s patent dilemma. In section 2, I will review the American jurisprudence on patentability of intangible inventions. In section 3, I will discuss the potential impact Bilski may have on the American jurisprudence. Section 4 will assess the Canadian jurisprudence on patentability of intangible inventions. In section 5, I will discuss the Federal Court of Canada’s decision in Amazon/FCC. I argue that based on recent events in the American jurisprudence, Canadian …

Prohibiting Medical Method Patents: A Criticism Of The Status Quo, Mark S. Wilke

Canadian Journal of Law and Technology

Methods of medical treatment are not patentable in Canada. This means that inventions involving the performance of surgery, administration of medicine, or extraction of fluids or tissue for diagnostic tests cannot directly be protected under the current patent regime. However, this prohibition is not an absolute ban. Many medical innovations are patentable, including surgical tools and devices, drugs and other chemical compounds, medical “uses”, diagnostic assays and methods of treat- ing “natural” conditions. The practical reality is that the distinction between what is and what is not patentable is poorly defined. This uncertainty presents a steep challenge for inventors and …

Tax Implications For Non-Residents Conducting E-Commerce In Canada, Mike Nienhuis

Canadian Journal of Law and Technology

This paper focuses on taxation issues faced by non-resident e-commerce companies with no sustained presence in Canada apart from a web site. The tax liability of foreign corporations with a Canadian subsidiary, a physical Canadian office, or Canadian-based employees or agents will not be considered, even though there is substantial overlap in some of the relevant issues. By e-commerce companies we refer broadly to any firms conducting their primary business — whether business- to-business (B2B) or business-to-consumer (B2C) — by means of the internet.

In the first section we outline the framework for Canada’s taxation of non-residents conducting business in …

The Classic 25% Rule And The Art Of Intellectual Property Licensing, Robert Goldscheider

Duke Law & Technology Review

Fifty years ago, Robert Goldscheider helped pioneer the use of a methodology known as “the 25% Rule,” a tool for determining reasonable royalties in intellectual property licensing negotiations. The Rule holds that licensees of intellectual property normally deserve the lion’s share of the profit because they usually bear the bulk of the business risk associated with bringing the intellectual property to market. Experts familiar with the art of intellectual property licensing frequently rely on the 25% Rule to rationally determine reasonable royalties in litigation and transactional settings.

The Rule’s prominence has been accompanied by unfortunate misunderstandings about its form and …

Licenses, Tariffs And Copyright In Canadian Libraries, Margaret Ann Wilkinson, Rob Tiessen, John Tooth

Law Presentations

No abstract provided.

As Antitrust Case Ends, Microsoft Is Victorious In Defeat, Norman Hawker, Robert H. Lande

All Faculty Scholarship

As the final judgment in the celebrated Microsoft case ends, this piece very briefly assesses the impact of its remedy. When evaluated in terms of its most important goals, the remedy has proven to be a failure. Microsoft's monopoly power in the PC operating systems market is now as great as it was when the case was brought in 1998 or the remedy was ordered in 2002. The article also very briefly discusses the implications of this remedy for Google and AT&T.

Fashion Law – A Guide For Designers, Fashion Executives, And Attorneys, Cory Greenberg

Pace Intellectual Property, Sports & Entertainment Law Forum

Cory Greenberg writes a comprehensive book review of Fashion Law: A Guide for Designers, Fashion Executives, and Attorneys by Guillermo C. Jimenez and Barbara Kolsun. Fashion Law is divided into four sections: Introduction, Intellectual Property Issues, Commercial Operations and Expansions, and International Aspects. Greenberg provides an objective review of each section of the book and comments on the growth of fashion in the legal world.

The Digital Millennium Copyright Act: The Future Of The Safe Harbor Provision, Jennette Wiser, Kristin Luciano, Christopher Psihoules, Caesar Lopez

Pace Intellectual Property, Sports & Entertainment Law Forum

Inspired by the current federal case, Viacom v. YouTube, this discussion delves into the history and creation of the Digital Millennium Act (DMCA), the court cases which set the foundation for the ongoing Viacom v . YouTube case, and an in-depth discussion on the growth of technology and the Internet with how it is affecting copyright holders. This article culminates with an analysis on how the DMCA is applied to the current Internet landscape and offers potential solutions to solve the battle between Internet Service Providers and copyright holders.

In A Post Graham World: Choreographing Dance Rights In The World Of Media, Technology And Social Networking, Michelle N. Burkhart

Pace Intellectual Property, Sports & Entertainment Law Forum

Michelle Burkhart writes an article diagramming the Choreographing Dance Rights in today’s social media world.  Her article highlights the famous Martha Graham case and in detail describes: Works for higher art; and responsiveness within the dance community.  Burkhart provides an interesting take on how technology has drastically changed the world of dance.

Practice Guide: Post-Employment Trade Secrets In New York, Stephanie Soondar

Pace Intellectual Property, Sports & Entertainment Law Forum

Stephanie Soondar writes an article based on modern day trade secrets. Her article highlights the importance placed on trade secrets in today’s market. She provides an in depth look at: What trade secrets are; how they are protected; and the causes of action that result in disclosing trade secrets. Her article focuses on New York practice.

Strategies For Trade Secrets Protection In China, J. Benjamin Bai, Guoping Da

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

The Role Of Dna Patents In Genetic Test Innovation And Access, Andrew S. Robertson

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

Timing The Choice Of Law By Contract, Dolly Wu

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

Cardiac Pacemakers V. St. Jude Medical: The Federal Circuit Correctly Reins In The Reach Of U.S. Patent Law, Eric Hamp

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

“I’M Litigatin’ It”: Infringement, Dilution, And Parody Under The Lanham Act, Patrick Emerson

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

P2p File-Sharing And The Making Available War, Diana Sterk

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

Prometheus Laboratories V. Mayo Clinic’S Gift To The Biotech Industry: A Study Of Patent-Eligibility Of Medical Treatment And Diagnostic Methods After Bilski, Dan Hoang

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

Copyright And Democratization In Africa, John Mukum Mbaku

Brigham Young University International Law & Management Review

No abstract provided.

Creative Commons. Cc-Plus, And Hybrid Intermediaries: A Stakeholder's Perspective, Guido Russi

Brigham Young University International Law & Management Review

No abstract provided.