Articles

About Articles The following articles are published by the Information Technology and Intellectual Property Law Law Section of the Ontario Bar Association. Members are encouraged to submit articles. About Articles

Editors: Imtiaz Karamat and Alessia Monastero

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Today
AI Inventors: Do They Exist, and Does It Matter?

AI Inventors: Do They Exist, and Does It Matter?

  • October 03, 2021
  • Adil Abdulla, Sotos Class Actions

The question of whether artificial intelligence can be an inventor for the purposes of obtaining a patent has come to a forefront in several jurisdictions around the world. With Canada's official stance on the matter still open for debate, it is important to assess these foreign decisions to predict the future of our patent landscape.

Student Forum, Information Technology and Intellectual Property Law

Walmart Opposes Kanye West’s New Yeezy Logo

  • September 28, 2021
  • Alessia Monastero

Earlier this year, Walmart filed an opposition with the US Patent and Trademark Office against Kanye West’s new Yeezy logo. Yeezy LLC’s new trademark application consists of eight symmetrical dotted lines in the shape of a spark. Walmart argues that it will be damaged by the registration of Yeezy’s mark, which was filed in connection with music, clothing, retail store services, streaming of music services, record production, and hotel services. ⁠

Student Forum, Information Technology and Intellectual Property Law

A New Tool in the Copyright Toolkit: The Site-Blocking Order

  • September 28, 2021
  • Christopher Tsuji

Teksavvy Solutions v Bell Inc. provides a novel remedy for copyright owners to deal with copyright infringement: a site-blocking order. In TekSavvy, the Federal Court of Appeal unanimously upheld the Federal Court’s unprecedented interlocutory order that required several Canadian Internet Service Providers (ISPs) to restrict access to several websites because of copyright infringement.

Student Forum, Information Technology and Intellectual Property Law

Ready, Set...Innovate: How Top Tech Companies Capture Meaningful Intellectual Property (IP)

  • May 06, 2021
  • Isi Caulder

Top technology companies are specifically focusing their attention on how their innovators innovate and empowering them to identify promising ideas for patent or trade secret protection. Companies should regularly review their internal innovation capture channels, patent education, inventor incentives, and innovation mining program to ensure that they are providing sufficient positive reinforcement to foster an IP friendly culture.

Information Technology and Intellectual Property Law

Reworked Goods and Brand Owners: A Lesson from Chanel and Nike

  • May 06, 2021
  • Alessia Monastero

Upcycled and reworked fashion has always been on trend, but has never quite been as popular as it has over the last year. With the pandemic pushing e-commerce to the forefront of retail, the ability to make, sell, or purchase reworked clothing has become increasingly accessible. While upcycled garments continue to serve as an artistic outlet and sustainable alternative to the apparel industry's massive waste problem, what does reworked fashion mean for trademark and IP owners?

Student Forum, Information Technology and Intellectual Property Law

Large Stakes and Big Mistakes: A Case Summary of CIS General Insurance Limited v IBM United Kingdom Limited

  • May 06, 2021
  • Julia Sydorenko and Wendes Keung, WeirFoulds LLP

The Technology and Construction Court in the United Kingdom recently considered the failure of a high-value digital transformation project and the eventual termination of the project agreement. The decision provides commentary on repudiatory breach, exclusion of liability for indirect damages, breach of warranty, and project delays, which provides a number of helpful points for consideration for technology lawyers.

Student Forum, Information Technology and Intellectual Property Law

Lessons Learned – IP Litigation Virtual Trials

  • May 03, 2021
  • Jaclyn Tilak

After more than a year of working from home, the Goodmans intellectual property litigation team has had its share of virtual hearings and trials. We have rounded-up our top 5 tips for ensuring your next virtual hearing goes as smoothly as possible.

Student Forum, Information Technology and Intellectual Property Law

Privacy and Body Temperature Taking During COVID-19

  • May 03, 2021
  • Abby Benattar and Wendes Keung

As the pandemic persists, a health practitioner’s office must maintain measures that protect its community’s safety in the most contactless way possible. Biometric kiosks are one way to achieve this objective. However, the use of biometric kiosks carries a host of privacy concerns regarding body temperature as personal health information and the expectation of privacy.

Health Law, Student Forum, Information Technology and Intellectual Property Law

IP Practice Tips from Powerhouse Female Lawyers

  • May 03, 2021
  • Amrita V. Singh

This article features a few Ontario-based female intellectual property lawyers, who reflect on their careers in the Intellectual Property Bar and offer their advice to junior women pursuing or considering a career in intellectual property law.

Student Forum, Information Technology and Intellectual Property Law

NFTs: Beeple, Bubble or Brave New World

  • May 01, 2021
  • Jennifer Davidson and Imtiaz Karamat, Deeth Williams Wall LLP

Non-Fungible tokens or NFTs have captured the zeitgeist of the collective world in recent months. Is it a craze, the latest bubble, or is this the groundwork of a new tomorrow? The COVID-19 pandemic has created a brave new world of digital transformation, and NFTs may just be the logical consequence of a new era.

Student Forum, Information Technology and Intellectual Property Law