A pair courts decisions have a big impact on remedies available for biotechnology patent infringement. Defendants in biotech patent lawsuits seem to be better off than previously thought. The result could mean revaluing Canadian patent portfolios based on enforceability issues, and revising business and intellectual property practices accordingly. Read the...
This book gives the reader an understanding of the legal and practical issues posed by copyright for access to education and learning materials in Africa, and identifies the relevant lessons, best policies and best practices that would broaden and deepen this access. The emergence of the Internet and the...
Copyright lasts for a long time. Because there’s formal registration requirement, owners are often unlocatable. Their works become orphan works. The issue of orphan works is one of the most pressing copyright law and policy problems of the 21st century. My co-author Mario Bouchard and I were the first experts...
Though the scope of the doctrine of exhaustion, and the terminology used to describe it, is somewhat different in the contexts of copyrights, trade-marks, and patents, and in different jurisdictions, the concept and function are universal in intellectual property law. In Canada, the applicability of the exhaustion doctrine to copyrights,...
My editorial in the National Post, “Respect and Reality are Keys to Reform,” reflects my comments at the government’s invitation-only copyright consultation prior to the most recent law reforms. You can listen to the full audio recording of the consultation here. Here’s my perspective as published in the Post: Copyright...
What is the state of the law on network neutrality in Canada? My article explains. The article contributes to the growing body of network neutrality literature by describing and commenting on recent developments in Canada. There have been and still are ongoing industry practices, regulatory policy proceedings, judicial decisions...