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Biotechnology Patent Infringement Remedies

The lack of clarity and certainty in accounting for profits, when it comes to awarding damages against a biotechnology patent violator is currently unsustainable and harmful to all stakeholders in the patent system.

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Exhaustion of Intellectual Property

No, we didn't write this article because we were tired of working on the topic. Rather, "Exhaustion in Canadian Intellectual Property Law ," (2009) Canadian Intellectual Property Review 3-31, addresses the legal rules of "exhausion," sometimes called "first sale" in respect of the protection of...

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Orphan Works in Canada

Copyright lasts for a long time - 50 years in Canada - and there's no obligation to register the work in order to receive protection. But what happens when someone wants to potentially use a copyrighted work, but can't find the owner?

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Intellectual Property Issues in a Comprehensive Canada-EU Economic and Trade Agreement

Key intellectual property issues being negotiated in the Canada-EU CETA may be hard to implement, given the constitutional law governing Canada's federal system. In the journal article, "Implementing International Trade Agreements in Federal Systems: A Look at the Canada-E.U. CETA's...

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Access to Knowledge in Africa: The Role of Copyright

In 2010, the University of Cape Town Press published the book, Access to Knowledge in Africa: The Role of Copyright, which was the culmination of several years of research conducted by the IDRC-funded African Copyright and Access to Knowledge Project.

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Who Owns the Stanley Cup?

When the Stanley Cup was not awarded because of a labour dispute between the National Hockey League and its players, a lot of legal issues arose. Read this article to learn about some of the key questions and answers.

In the 2008 volume of the Canadian Legal Eduaction Annual Review (CLEAR), I trace the history of the Stanley Cup trust, and describes the events surrounding the 2004-2005 lockout, including a lawsuit over ownership of the Cup. I show that a case study of the Stanley Cup can be a rich resource for teachers of property law and that it can enliven the sometimes dreary subject of property law.

CLEAR is available from Thomson Carswell here; the full text of my article on the Stanley Cup can be downloaded here.