This blog post is part of series written by students who attended “Following the Signs: New Directions in Trademark Law”, a symposium on the new Canadian trademark framework hosted by the Centre for Law, Technology and Society on May 8th, 2017. The video recording of Prof. David Vaver’s keynote “Towards a Distinctive Trademark Law for the 21st Century” is available here.
by Chelsey Colbert – On Thursday, March 30, four uOttawa law students (Florence So, J.D. 2018, Marshall Jeske, J.D. 2018, Suzie Dunn, LL.M 2018 and myself) began the eight-hour road trip to New Haven, Connecticut for WeRobot 2017. New Haven is a small coastal city known for Yale University. Yale Law School was the venue of WeRobot, a two-day conference with panel discussions from the who’s who in robot law and policy.
Author: Alyssa Gaffen, Meika Ellis, Jeremy de Beer, and Adam Soliman
By Alyssa Gaffen, Meika Ellis, Jeremy de Beer, and Adam Soliman -- Is intellectual property (IP) gender neutral? No, it isn’t. Neither is the dominant discourse of innovation. Recognizing the bias is the first step toward remedying it.
By Prof. Chidi Oguamanam – Between September 19 and 23, 2016, the WIPO Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (IGC) commenced the first of a two-part negotiation over a potential instrument for the effective protection of traditional knowledge (TK), pursuant to its mandate for the 2016-2017 biennium. In the summer, the IGC concluded negotiations on Genetic Resources (GRs) with an advanced draft text on the subject in accordance with the committee’s strategic decision to split its negotiations into three streams: TK, GRs and Traditional Cultural Expression (TCEs) with a view to generating three draft treaty instruments. The tripartite nature of the IGC negotiating documents are without prejudice to their likely future consolidation into a single treaty instrument should the WIPO General Assembly ultimately so decide.
Traditional knowledge (TK) often helps researchers to locate, understand, and usefully apply genetic resources extracted from plants and animals. In some cases, TK provides the basis for cartographic insights and data on a wide range of otherwise inaccessible information. However, one of the sources of disquiet about TK is the perception that it is sometimes taken without permission, or when permission is given, TK may be used in a manner inconsistent with the expectations or wishes of the community. Even when researchers are working with Indigenous communities in good faith, there remains the risk of a misunderstanding or unintended misuse of the knowledge that can damage trust, build suspicion, and even cause economic, environmental, or other harm to the community.
The global South is full of significant, diverse biological and genetic resources. It’s also home to most of the world’s indigenous communities. This is why developing countries are sensitive about protecting their genetic resources and traditional knowledge.
R. v. Jarvis: Cyberviolence against women – can criminal law respond?
In 2011,Ryan Jarvis, aLondon Ontario high school teacher, used a pen camera to surreptitiously record brief videos of students engaged in various activities around the school without their permission. After reports from another teacher, the school principal personally witnessed Jarvisrecording two female students, and demanded that he turn over the camera. Police analysis of the device revealed 17 active videos, 2 videos which had been deleted but subsequently recovered and other videos that were not recoverable. Of the 30 individuals depicted in the videos, 27 were female students; five of the images focused specifically on their breasts. Some days later, police searched Jarvis’ home and found that most of the files on a hard drive located in Jarvis’ room had been placed there after the pen camera was seized. This article discusses the scope of application under the Criminal Code.