Intellectual property education: are Canadian law schools doing enough to support innovation?

Survey Data Compiled by Barry Sookman*
*This table of survey data is intended to be read with the article by Barry Sookman, “Intellectual property education: are Canadian law schools doing enough to support innovation?” available @ www.barrysookman.com, http://wp.me/p3flp9-3A3 *Barry Sookman is a partner at McCarthy Tétrault and an adjunct professor at Osgoode Hall Law School. This survey was completed with the help of Jagtaran Singh, Articling Student at McCarthy Tétrault, Bart Nowak and Zachary Masoud, Summer Students at McCarthy Tétrault. The survey was not conducted by or on behalf of McCarthy Tétrault or Osgoode Hall Law School. Survey data is substantially based on information provided by law schools.

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Summary of IP Law Curricula at Canadian Universities for the 2012/2013 and 2013/2014 Academic Years

Intellectual Property Courses offered in Law Schools, and Professors Law School Dalhousie       Courses Entertainment Law Intellectual Property I Law and Technology Internet & Media Law Canadian Journal of Law and Technology Property Law Student Prize, called "The Roman Elster Innovation Award in Intellectual Property" Intellectual and Industrial Property Propriété Intellectuelle Intellectual Property and Its Discontents Patent Theory and Policy Analog Copyright Copyright, the SCC Pentology and C-11: Access versus Excess? The Remonetization of Music and Other Promiscuously Transportable Media Objects Oxford Intellectual Property Research Moot Centre for Intellectual Property & Policy Trademarks and Unfair Competition Advanced Intellectual Property Patent Law Copyright Information and Privacy Queens Business Law Moot Harold G. Fox IP Moot Intellectual Property Musicians and the Law Intellectual Property (Different instructor) Professors/Instructors     Jon Penney Robert Currie Robert Aske David Fraser

McGill

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David Lametti Pierre-Emmanuel Moyse Dr. Mohsen al Attar Richard Gold Sandy Pearlman [visiting]

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Queens

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Bita Amani Greg Piasetzki

University of Alberta

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Cameron Hutchison Timothy Caulfield Robert D. Mcdonald

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          University of Calgary           

University of British Columbia

Biotechnology Policy Research Essay Prize in Intellectual Property Law Harold G. Fox IP Moot Intellectual Property Intellectual Property (different instructors) Media and Entertainment Law Topics in Law and Technology Topics in Intellectual Property: Video Game Law Topics in Intellectual Property: Current Issues in Copyright Topics in Intellectual Property: Intellectual Property & Human Rights Intellectual Property Law Intellectual Property Transactions Biotechnology and the Law Internet Law Copyright Law Trademarks and Patents Propriété intellectuelle Droit des sciences biologiques Droit des biotechnologies avancé Propriété intellectuelle internationale Intellectual Property

[adjunct] Ted Yoo [adjunct]

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Joost Blom Thomas W. Bailey Jennifer Marles Craig A. Ash Joe Weiler Shigenori Matsui Graham Reyolds

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Gregory Hagen John Ramsay [adjunct]

University of Manitoba Universite de Montreal

None

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Ysolde Gendreau Thérèse Leroux

University of New Brunswick University of Ottawa

Norman V. Siebrasse

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Intellectual Property Law Patent Law International Law and Comparative Intellectual Property (*Bilingual course) Intellectual Property and liviaHuman Rights INTEL. PROPERTY LITIGATION ADVANCED TRADEMARKS BIOTECH.,PHARM. AND INTEL. PTY Advanced Intellectual Property Practice Foundations of Intellectual Property

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Jennifer Galeano Chidi Oguamanam Jeremy de Beer Meléndez Juarbe, Hiram Michael Geist Stéphane Caron [adjunct] Jay Zakaib [adjunct] Steven Garland [adjunct] Colin Ingram [adjunct] Randy Marusyk [adjunct] Aumand, Livia [adjunct]

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University of Saskatchewan University of Toronto

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Regulation of Internet Commerce Intellectual Property Advocacy Practicum Digital Media & Music Law GLOBAL TECHNOLOGY LAW AND POLICY LE DROIT DE PRO. INTELLEC. Internships (20012-2013 & 2013-2014) Research Opportunities INDIVIDUAL PROFESSOR’S RESEARCH OPPORTUNITIES AND GRADUATE SUPERVISION Harold G. Fox IP Moot Intellectual and Industrial Policy

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Crichton, Michael [adjunct] Richard, Marc [adjunct] Bourne, Timothy [adjunct] Elizabeth Judge [adjunct] Teresa Scassa [adjunct] Peter Cooke [adjunct] Philip Oliver [adjunct] Victor Nabhan [visiting]

Tom Roberts

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  University of Victoria    

Copyright Law Copyright Intellectual Property: Copyright, Trademark, and Patent Digital Content and the Creative Economy Law and Policy of Biotechnology Patent Law for the Life Sciences Topics in Internet Commerce Competition Law & Intellectual Property Copyright, Trademark and Patent Intensive Course: IP, Medicine and Health International Intellectual Property Law Patent and Trade Secrets Law Trademarks Harold G. Fox IP Moot Center for Innovation Clinical Legal Education: Innovation Law Clinic at MaRS: Advising Entrepreneurs and Innovators Collective Administration of Copyrights: The Canadian Experience Oxford IP Moot Intellectual Property Managing Intellectual Property Patent Law Comparative Copyright Law (every second

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Abraham Drassinower Ariel Katz Johanna Gibson Richard Owens [adjunct] Aaron Sawchuk [adjunct] Pascale Chapdelaine [adjunct] Donald Cameron [adjunct] R. Scott MacKendrick [adjunct] Jayson Parker [adjunct] Richard S. Sutin [adjunct] Margaret Jane Radin [visiting, Internet Commerce]

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Robert G. Howell Michael Manson

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 University of Western Ontario          

year) Harold G. Fox IP Moot Intellectual Property Advanced Intellectual Property Comparative Copyright International Protection of Intellectual Property Entertainment Law Franchise Law Media Law Censorship, Privacy and Secrecy in the Information Age IP Specialization (notation in transcript) Harold G. Fox IP Moot                    Margaret Ann Wilkinson David Schnurr Samuel Trosow Jason Hynes[adjunct] Karen Townsend[adjunct] Megan Langley Grainger[adjunct] Elliott Gold[adjunct] Krishna Pathiyal[adjunct] Mark Sajewycz[adjunct] Melissa Loucks[adjunct] Anita Sharma[adjunct] Steven Ehrlick[adjunct] Larry Weinberg[adjunct] Lorian Hardcastle[adjunct] Harj Mann[adjunct] Bassem Awad [adjunct] Myra Tawfik Emir Crowne Wissam Aoun [adjunct]

University of Windsor

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Copyright Patent Law Trademarks and Unfair Competition Internet Law Advanced IP/Business Law Practicum (Part of new Law, Technology and Entrepreneurship Clinic Program) Harold G. Fox IP Moot

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York University, Osgoode Hall Law

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Copyright Patents Intellectual Property Theory Legal Values: Reforming Copyright & Design Law Legal Values: Reforming Patent & Trademark Law Intellectual Property Trademarks Legal Values: Copyright in the Digital Age Law & Social Change: Law & The Creative Industries International Aspects of Intellectual Property International and Comparative Copyright Law - Genest Global Faculty Program Access to Information Entertainment and Sports Law Legal Values: Commercializing Intellectual Property Legal Values: Information and Privacy Intellectual Property Law and Technology Intensive Program (“IP Intensive”) IP Osgoode Innovation Clinic Professional LLM in Intellectual Property Law Blogging Opportunities for students Canada’s IP Writing Challenge Supervised Research Papers Harold G. Fox IP Moot

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Dr. Carys Craig Ikechi Mgbeoji Giuseppina (Pina) D'Agostino David Vaver Barry Sookman [adjunct] Daniel Glover [adjunct] Steven Mason [adjunct] Kelly Gill [adjunct] Sundeep Chauhan [adjunct] Stuart Hargreaves [adjunct] Ed Fan [adjunct] Loreto Grimaldi [adjunct] A.H. (Tony) Duarte [adjunct] Michael Power [adjunct] James Williams [adjunct] Victor Nabhan [visiting]

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Dalhousie University IP Courses Entertainment Law (Robert Aske) This class will explore all aspects of the law as it relates to the entertainment industry from the point of view of the practitioner. This will involve a crossdiscipline study of various areas of law such as contracts, commercial, tax, securities, business associations, copyright, trademarks, and judicial remedies as they converge and apply in a unique and emerging area. Discussion will include the challenges created by modern technology delivery systems. There are no formal prerequisites; however, a background in some of the areas mentioned above will be helpful. Students will be expected to analyze the conflicts inherent in the merging of art and business and in particular the legal anomalies created by this merger This class provides students with an introduction to the legal regimes governing the protection of intellectual property. The class will cover the following specific areas of intellectual property law: patents, trademarks, and copyright law. In addition, students will be introduced to the common law actions of passing off, international intellectual property law and industrial design This is a seminar in which students are required to discuss, conduct research, generally explore and write papers on issues relating to law and technology. Classes focus on a range of topics drawn from the intersections of law and technology, including but not limited to regulating the internet, intellectual property rights in relation to the internet, developments in telecommunications and the law, privacy and access to information, ethics and technology. Students are encouraged and shepherded to generate and explore researchable issues in their areas of interest in order to meet their individual and/or collective expectations for the seminar. There is no technical background or expertise required for enrollment in the seminar. Students are, however, expected to make use of the Internet and other research tools to access seminar-related materials and conduct research on a final paper Topics Covered: Jurisdiction on the Internet Electronic Contracts Consumer protection online Privacy and personal information protection Intellectual Property: Trade-marks, domain names Intellectual Property: Copyright Regulation of online speech: Defamation Regulated speech: Illegal content Regulated speech: Publication bans and jurisdictional challenges Traditional media, new media and the law

Intellectual Property I (Jon Penney)

Law and Technology (Robert Currie)

Internet & Media Law (David TS Fraser)

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Canadian Journal of Law and Technology Property Law Student Prize, called "The Roman Elster Innovation Award in Intellectual Property"

The only national law review in Canada focusing specifically on technology law matters. It specifically includes IP as one of its focal points: http://www.carswell.com/product-detail/canadian-journal-of-law-andtechnology/ The prize ($3,000) is given to a second or third year student who has an interest in intellectual property and who intends to leverage that interest in a creative way to stimulate new business opportunities. The criteria includes requirement of finishing in the top 25% of IP Law I course, and then, on invitation, writing a short essay to the Awards Committee on how he/she intends to leverage their knowledge of IP in a creative way to promote business opportunities. IP Professors

Jon Penney

Biography: Professor Penney joined Schulich School of Law in 2012. He is also a 20122013 Fellow at the Berkman Center for Internet & Society at Harvard University, a Research Fellow at the Citizen Lab, Munk School of Global Affairs, University of Toronto, and a doctoral candidate at the Oxford Internet Institute, University of Oxford. A Dalhousie grad, he studied at Columbia Law School as a Fulbright Scholar and at Oxford as a Mackenzie King Scholar, where he was also associate editor of the Oxford University Commonwealth Law Journal. As a Google Policy Fellow in 2011, he helped lead the OpenNet Initiative's Transparency Project, founded to encourage corporate data transparency. His historical & constitutional scholarship was also recognized in 2011, winning the Osgoode Society’s Peter Oliver Prize in Canadian Legal History. He previously taught at VUW Law School (New Zealand) and worked with the Justice Department’s Regulatory Division in Toronto, acting for federal agencies in a range of civil litigation and regulatory matters. Publications: Jonathon W Penney, "Internet Censorship and the Remembrance of Infowars Past", 2013 USENIX Working Paper Series; 2013 Internet Law Work-inProgress Series, High Tech Law Institute, Santa Clara Law School. Jonathon W Penney, "Virtual Inequality: Challenges for the Net's Lost Founding Value" (2012) 10 Northwestern Journal of Technology & Intellectual Property 209. Jonathon W Penney, "Internet Access Rights: A Brief History and Intellectual Origins" (2011) 38 William Mitchell Law Review 10 (invited contribution to special 'cyberlaw' edition). "Copyright's Media Theory and the Internet: The Case of the Chilling Effects Doctrine" in Theresa Scassa & Madelaine Saginur, eds., Intellectual Property Law for the 21st Century: Interdisciplinary Approaches to IP (2014 Forthcoming).

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"Technology and Judicial Reason: Digital Copyright, Secondary Liability, and the Problem of Perspective"(2010) 22 Intellectual Property Law Journal 253. Robert Currie Biography: Professor Currie is a specialist in the area of international and transnational criminal law, and he teaches a seminar course in this subject. His 2010 book, International and Transnational Criminal Law, was shortlisted for the Walter Owen Book Prize for Outstanding Legal Literature in 2011. He has authored and co-authored numerous articles and comments in this field and his work has been cited by Canadian courts, including the Supreme Court of Canada. Research Topics: International criminal law, Telecommunications law, Social media law, New media law, National security, International litigation, International and comparative law, Cyberbullying, Evidence, Extradition, Civil procedure. Publications: The Evolution of the Law of Evidence: Plus Ça Change…?” (2011) 15 Canadian Criminal Law Review 213. "New First Principles? Assessing the Internet’s Challenges to Jurisdiction” (2011) 42 Georgetown Journal of International Law 1017 (w/ T. Scassa). Robert Aske (adjunct) Biography: Mr. Aske has a diverse commercial practice, with emphasis on transactions relating to technology, intellectual property (including trade-mark prosecution), entertainment, computing, privacy and advertising. Publications: No recent publications on intellectual property-related matters. David Fraser (adjunct) Biography: David Fraser is a Canadian privacy lawyer who practices with the Canadian firm of McInnes Cooper. He is counsel to National Privacy Services Inc. and the author of the Physicians' Privacy Manual. He has a national and international practice advising corporations and individuals on matters related to Canadian privacy laws. Publications: Intellectual Property Fundamentals for Commercialization, Canadian Association of University Research Administrators (Eastern), November 2002.

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McGill University IP Courses Link: http://www.mcgill.ca/files/law-studies/Course_offerings_2012-2013.pdf Intellectual and Industrial Property (David Lametti) Intellectual property law provides a means through which to analyze the ways in which legal systems and markets seek to regulate aspects of innovation and creativity. The course will provide students with a general knowledge of the basic laws of copyright, trademark and patents, and a foundation upon which to build a deeper knowledge of intellectual property law. Ce cours a pour objectif de présenter les principaux droits intellectuels, soit le droit des marques, le droit d’auteur et les brevets, d’ouvrir l’esprit des étudiants sur les débats actuels concernant la protection des objets immatériels. La participation étudiante sera fortement encouragée. Cette année le cours sera l’occasion de suivre les travaux de plusieurs chercheurs et conférenciers de renom qui sont invités par le Centre des politiques en propriété intellectuelle dans le cycle des conférences CIPP/Lallemand. Les étudiants participeront activement de cette façon aux activités d’un centre de recherche universitaire. The course encapsulates growth of informational capital in the new economy and the attendant legal protections afforded in international law. The course examines the prevalence of powerful non-state global actors – inter alia transnational corporations and financial institutions – and the influence they wield over regulatory regimes, both global and domestic. This course analyses instances of resistance, specifically the emergence of regulatory models aimed at promoting alternate normative aspirations and social objectives. Wider oppositional climate and its specific manifestations make IP law an important site of social critique and thus a vital topic for legal education. Examination and critical assessment of the justifications of patent law; the tension between the public domain and private monopoly control; examination of international patent protection; international conventions touching on patent law, international trade instruments; examination of patents in relation to new technology: biotechnology, the Internet and business methods. This course is an intense study of issues in copyright arising in the current context of digital and analog music recording, reproduction and transmission. Themes include music remuneration, “over the top” and other new models, copyright law as solution or hindrance, and the return to popularity of analog recording.

Propriété Intellectuelle (PierreEmmanuel Moyse)

Intellectual Property and Its Discontents (Dr. Mohsen al Attar)

Patent Theory and Policy (Professor Richard Gold)

Analog Copyright (Sandy Pearlman, CIPP Visiting Fellow & Professor David Lametti)

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Copyright, the SCC Pentology and C-11: Access versus Excess? (Sandy Pearlman, CIPP Visiting Fellow & Professor David Lametti) The Remonetization of Music and Other Promiscuously Transportable Media Objects (Professor David Lametti)

This course is intense study of issues in copyright arising in the current context of the Supreme Court of Canada “Pentology” of cases in July 2012, and the reforms to the Copyright Act effectuated by Bill C-11, which came into force in November 2012. Themes include fair dealing and impact on libraries and archives, and especially musical archives, universities and fair dealing and the role of Access Copyright – Copibec. Some comparative themes will be introduced. Mr Pearlman, in particular, will speak to his vast experience with musical archives in Canada and the US. This course is a flagship interdisciplinary course, intended to introduce students to collaborative learning through considering the technological, regulatory, economic and social issues in creating, performing, supplying, hearing, finding and making a living from music. Music is an obvious locus for interdisciplinary learning as a shared passion that transcends traditional silos. More specifically, this course studies music because recent rapid technological innovations have led to creative changes in the business and practise of music. Changes in music’s form and dissemination have had ripple effects, inspiring the creation of entirely new media and technologies, daring business models, new commodity forms and have tested the limits of domestic and international regulation. Understanding and working in this environment requires a non-traditional skill set that this course will help develop. The skills we think are at the core of good interdisciplinary practice include knowing what you don’t know, knowing where to find that out, learning how to talk to strangers (and disciplinary foreigners), and the ability to create frameworks and synthesize knowledge independently. An important part of education is developing the ability to express oneself clearly and persuasively in various forms of written and oral communication, to engage in constructive critical review of others’ research, experience peer‐review of one’s own research, and develop new knowledge that is rigorous, theoretically grounded and accessible. This course exposes students to these skills through guest speakers, peerreviewed projects and presentations. In order to introduce students to diverse academic cultures, the course integrates methods of evaluation from each discipline.

Oxford IP Moot

Participating this year. IP Professors

David Lametti

Biography: David Lametti is an Associate Professor of Law, McGill University, a member of the Institute of Comparative Law, and of the Centre for Intellectual Property Policy (CIPP). He teaches and writes in the areas of Civil and Common law property, intellectual property and legal theory. His work to date has attempted to understand the parameters of traditional and intellectual resources in analytic terms, linking them to their underlying justifications and ethical goals.

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David Lametti obtained a B.A. in Economics and Political Science from the University of Toronto in 1985, and received his first Common and Civil law degrees from McGill in 1989. He received an LL.M. from the Yale Law School in 1991, and a doctorate in law at Oxford University; his thesis was entitled "Ethical Aspects of the Theory and Practice of Private Property". He was a clerk to Justice Peter Cory of the Supreme Court of Canada in 1989-90. David Lametti recently received a three-year SSHRC Research Grant for his project, "Copyright's Cross Currents: The Evolution of Copyright's Foundations and Copyright Governance". His most recent representative publications are “The Objects of Virtue” in G. Alexander and E. Peñalver, eds. Property and Community (New York; Oxford University Press, 2010) 1-37, and “How Virtue Ethics Might Help Erase C-32’s Conceptual Incoherence”, in M. Geist (ed), From "Radical Extremism" to "Balanced Copyright": Canadian Copyright and the Digital Agenda, Toronto; Irwin Law, 2010) 309-340. Areas of research: Intellectual property, legal and political philosophy, common and civil law property and aboriginal title. Publications: “The Objects of Virtue” in G. Alexander and E. Peñalver, eds. Property and Community (New York; Oxford University Press, 2010) 1-37, “How Virtue Ethics Might Help Erase C-32’s Conceptual Incoherence”, in M. Geist (ed), From "Radical Extremism" to "Balanced Copyright": Canadian Copyright and the Digital Agenda, Toronto; Irwin Law, 2010) 309340. “Coming to Terms with Copyright”, in M. Geist (ed) In the Public Interest: The Future of Canadian Copyright Law (Toronto; Irwin Law, 2005) (refereed collection) 480-516. “The Concept and Conceptions of Intellectual Property as seen through the lens of Property”, in G. Comandé & G. Ponzanelli, eds, Scienza e Diritto nel Prisma del Diritto Comparato (Torino; Giappichelli, 2004) 269-295 Greg Hagen, Cameron Hutchison, David Lametti, Graham J. Reynolds, Teresa Scassa, Margaret Ann Wilkinson, Canadian Intellectual Property Law: Cases and Materials (Toronto: Emond Montgomery Publications, 2013), available at available at http://emp.ca/canadian-intellectualproperty-law-cases-and-materials.html.\ Articles in refereed journals “The Cloud: Boundless Digital Potential or Enclosure 3.0?”, (2012) 17 Virginia Journal of Law & Technology, 190-243 http://www.vjolt.net/vol17/issue3/v17i3_190_Lametti.pdf

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“Cloud computing: verso il terzo Enclosures Movement?” (Italian translation, G. Capuzzo) (2012) Rivista critica del diritto privato, no. 3, 363396. “Cloud computing: verso il terzo Enclosures Movement?” (Italian translation, G. Capuzzo) in Giuseppe Allegri, Maria Romana Allegri, Alessandro Guerra, & Paola Marsocci, eds. Democrazia e controllo pubblico dalla prima modernità al web, (Napoli: Editoriale Scientifica, 2012) 141-176. Book chapters “The Concept of the Anticommons: Useful, or Ubiquitous and Unnecessary?” in H. Howe & J. Griffiths, eds Concepts of Property in Intellectual Property Law (CUP, 2013) “Laying Bare an Ethical Thread: From IP to Property to Private Law?” in S. Balganesh, ed. Intellectual Property and the Common Law (CUP, 2013) “Exceptions et droits des utilisateurs” – Propriété intellectuelle – JurisClasseur Québec (Montreal; LexusNexus, 2012) (solicited). “On Creativity, Copying and Intellectual Property” in Roberto Caso, ed. Plagio e Creatività: Un Dialogo tra Diritto e altri Saperi (Trento; Università di Trento, 2011) 171-89. “The Virtuous P(eer): Reflections on the Ethics of File Sharing”, in A. Lever, ed. New Frontiers in the Philosophy of Intellectual Property (Cambridge; CUP, 2011) 284-306. Cases and Materials Intellectual Property Law: Cases and Materials, with Gregory Hagen, Cameron Hutchison, Graham Reynolds, Teresa Scassa, & Margaret Ann Wilkinson, (Toronto: Emond Montgomery, 2013.). Forthcoming Articles & Book Chapters “Prescription à la recherche du temps: In Search of Past Time (or Recognizing Things Past)” in M.-F. Bureau & M. Dévinat, eds, Les livres du Code Civil du Québec (RDUS, 2013) (available on SSRN). «“Etica della virtù”: una rilettura della riforma del copyright canadese” translation by G. Dore & V. Moscon of “How Virtue Ethics Might Help Erase C-32’s Conceptual Incoherence”, in M. Geist (ed), From "Radical Extremism" to "Balanced Copyright": Canadian Copyright and the Digital Agenda (Toronto; Irwin Law, 2010) (refereed collection) 309-340 (submitted, forthcoming 2014). Works-in-progress Books The Virtue Ethics of Private Property (to be submitted to OUP).

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Translation of L. Josserand, De L’abus des droits and De l’esprit des droits et leur relativité (with Abby Shepherd). Cases and Materials Property Law: Cases and Materials, co-editor with Larissa Katz & Paul Miller, (Toronto: Emond Montgomery, forthcoming 2014.). PierreEmmanuel Moyse Biography Pierre-Emmanuel Moyse is a professor at the Faculty of Law at McGill University and the director of the Center for Intellectual Property Policy. He teaches intellectual property, commercial law, and property law. He is also responsible for the joint MBA-Law program in partnership with the Desautels Faculty of Management. Professor Moyse wrote his doctoral these on the law of distribution in intellectual property at University of Montréal. Prior to joining McGill in 2007, he taught at both University of Montréal and HEC Montréal. As a practicing lawyer he spent years working at ROBIC, a firm specialized in Intellectual Property. He successfully pleaded in the case of EuroExcellence v. Kraft Canada in front of the Supreme Court of Canada in 2007, one of the most important recent decisions in Intellectual Property. Professor Moyse currently directs research and conferences on the theme of “Competition Law and Innovation”, an initiative which he launched in 2007. He is supported by the European Union Center of Excellence and the Regroupement droit, changements et gouvernance, a joint venture between the FQRSC, McGill and the Universities of Montréal and Laval. Recently, he worked on the “Dangerous Liaisons: the Interface between Intellectual Property and Competition Law” project. Additionally he has just finished three years of research on abuse of rights and its application to intellectual property law thanks to a grant from the government of Québec (FQRSC). Profilic author, he is the director of publication of the Innovation and Competition series published by Éditions Thémis. These works will begin to appear in fall of 2012. The first volume reunites texts around the theme “What Performance? From Economic Performance To Corporate Citizenship: The Changing Nature of Corporations and Its Impact on The Role of Directors in Europe and North America”. Publications: Pierre-Emmanuel Moyse, « Coupables par Defoe : un commentaire de l'affaire Robinson c. Cinar » (2010) 22 CPI 43. « The New Innovation Locus: Craftmanship », TIPSA, Università degli Studi di Trento, 2-6 July 2012. « The Distribution of Branded products: from Omega to Kraft », Marquette University, 27 April 2012.

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« L’espace numérique est-il autonome ? La notion de territoire virtuel », Conférence organisée à Paris par le laboratoire DANTE de l’Université de Saint-Quentin, Laboratoire Dante, 5 April 2012. « La propriété intellectuelle dans les accords multilatéraux », Cycle de conférences et de formation organisé par les Barreaux de Sousse et d’Oran, Oran et Sousse, 14-16 February 2012. « L'abus en propriété intellectuelle : trolls et autres contes extraordinaires de l'intangible », Université Laval, 3 February 2012. « Property Rights and ‘Abuse of Rights’ Theory, a Jurisprudential Inquiry », Maurer School of Law, University of Indiana, Bloomington, 13 October 2012. « Intellectual Property and Virtue : The Good, the Bad and the Ugly », Faculté de droit de McGill, 12 September 2012. P.-E. MOYSE, Dir., Jurisclasseur Propriété intellectuelle, Montréal, LexisNexis, 2013. P.-E. MOYSE, dir., What Performance- Quelle performance?, Montréal, Édition Thémis, 2013. P.-E. MOYSE, « “La Confusion des Genres”: Logos and Packaging as Copyrighted Works », (2013) in I. Calboli, (dir.), Trademark Protection and Territoriality Challenges in the Global Economy, Edgar Edgar (forthcoming) P.-E. MOYSE, « Abus et propriété intellectuelle ou du bon usage des droits », dans Teresa Scassa, Mistrale Goudreau, Madelaine Saginur, B. Courtney Doagoo, eds, Intellectual Property for the 21st Century: Multidisciplinary Perspectives on Intellectual Property Law, Irwin Law (forthcoming). P.-E. MOYSE, « Responsabilité sociale et personne morale : Fictions ou oxymorons du droit ? », (2013) 84 RLDA Lamy 72-75. P.-E. MOYSE, Le droit moral au Canada : facteur d’idées, (2013) 25 Cahiers de propriété intellectuelle 141. P.-E. MOYSE, « L’anténorme : essai sur une théorie de l’abus en propriété intellectuelle », Partie I, (2012) 57 McGill Law Journal 861. P.-E. MOYSE, « L’anténorme : essai sur une théorie de l’abus en propriété intellectuelle », Partie II, (2012) 58 McGill Law Journal 3. P.-E. MOYSE, « Pouvoir et gouvernance : une théorie du devoir social en matière corporative », in P.-E. Moyse, dir., « What Performance », Les Éditions Thémis, 2013. P.-E. MOYSE, et F. LORD, « La propriété intellectuelle : sa fonction et sa justification », Fascicule 1 du Jurisclasseur en propriété intellectuelle, dans Propriété Intellectuelle, Montréal, LexisNexis, 2013 P.-E. MOYSE, “Le droit moral”, Fascicule 7, Jurisclasseur en propriété intellectuelle, dans Propriété Intellectuelle, Montréal, LexisNexis, 2013. Dr. Mohsen al Attar (visiting) Biography : Areas of Intérêts : Areas of Interest: IP law; International Law; Law & Development “Reframing the ‘Universality’ of International Trade Law in a Globalising World” (2013), under review (peer-reviewed).

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“Counter-Revolution by Ideology? Law and development’s vision(s) for post-revolutionary Egypt”, (2012) 33:9 Third World Quarterly 12 (peer-reviewed). “The Future of International Law: From Globalisation to Regionalisation” in THOMAS MUHR & BARRY GILLS (EDS.), THE BOLIVARIAN ALLIANCE OF THE AMERICAS AND COUNTER-‐GLOBALIZATION: RESISTANCE AND THE CONSTRUCTION OF 21ST CENTURY SOCIALISM (Routledge: in print, 2012) (peer-reviewed). “Power Order – The Legacy of Colonial Disempowerment in the International Legal Regime” (in print, 2012) 9 New Zealand Yearbook of International Law. “Liberal Legal Internationalism: A History (and Present) of Double Standards” (2012) open source article, available online at e-International Relations. “The Transnational Peasant Movement – Legalising Freedom from Want”, 8 New Zealand Yearbook of International Law 107 (2011) (peer-reviewed). “How the Multi-Level Democratisation of International Law-Making Can Effect Popular Aspirations Towards Self-Determination” (with Rebekah Thompson) (2011) 3(1) Trade L. & Dev. 65. “Moving the Centre of International Legal Education” (with Mia Koning) (2011) 3(1) Trade L. & Dev. 266. “Toward an Emancipatory International Law: The Bolivarian Reconstruction” (with Rosie Miller) (2010) 31:3 Third World Quarterly 10 (peer-reviewed). “The Neoliberal Challenge to the Pursuit of Human Rights” (with Ciaron Murnane), in JEFFREY F. ADDICOTT ET AL. (EDS.), GLOBALIZATION, INTERNATIONAL LAW, AND HUMAN RIGHTS (Oxford University Press: Oxford, 2010) (peer-reviewed). “TWAIL Pedagogy: Legal Education for Emancipation” (with Vernon Tava) (2010) 15 Palestine Yearbook of International Law 7. “Monocultures of the Law: Legal Sameness in the Restructuring of Global Agriculture” (2006) 11 Drake Journal of Agricultural Law 139. Reprinted in Drew L. Kershen (ed.), AGRICULTURAL LAW BIBLIOGRAPHY (2010). Forthcoming “Transnational Intellectual Property Law and the Globalisation of Consent: Constituent or Product” – Anticipated completion: 1 April 2013. Richard Gold Biography: Areas of Interest: Intellectual property, biotechnology, information technology, property, commercial practices, international trade law Publications: Gold, E. Richard, Body Parts: Property Rights and the Ownership of Human Biological Materials (Washington, D.C.: Georgetown University Press, 1996). Edited Monograph: Bubela, Tania and Gold, E. Richard, Genetic Resources and Traditional Knowledge: Case Studies and Conflicting Interests (Cheltenham: Edward

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Elgar, 2012). Gold, E. Richard and Knoppers, Bartha Maria, eds, Biotechnology IP & Ethics, (Toronto: LexisNexis, 2009). Lead editor and author of one chapter. Peer Reviewed Journals: Gold, E. Richard, “Patents and Human Rights: A Heterdox Analysis” (forthcoming) J. of Law, Medicine and Ethics. Gold, E. Richard and Carbone, Robert, “(Mis)Reliance on Social Science Evidence in Intellectual Property Litigation: A Case Study” (forthcoming 2012) 28 C.I.P.R. 179. Gold, E. Richard and Morin, Jean-Frederic, “Promising Trends in Access to Medicines” (2012) 3 Global Policy 231. Gold, E Richard, “Patenting of Genes: Discoveries or Inventions?” (2012) in: eLS. John Wiley & Sons, Ltd: Chichester. DOI: 10.1002/9780470015902.a0005183.pub2 T. Bubela, G.A. FitzGerald, E.R. Gold, “Recalibrating intellectual property rights to enhance translational research collaborations” (2012) 4 Sci. Transl. Med. 122cm3. Morin, Jean-Frederic, Daley, Kevin and Gold, E. Richard, “Having Faith in IP: Empirical Evidence of IP Conversions” (2011) 3 W.I.P.O.J. 93. Bubela, Tania, Gold, E. Richard and Morin, Jean-Frederic, “Wicked Issues for Canada at the Intersection of Intellectual Property and Public Health: Mechanisms for Policy Coherence” (2011) 4 McGill J of Health L. 3. This article was based on a project that I supervised. Book Chapters Nicol, Dianne and Gold, E. Richard, “Standards for Biobank Access and Intellectual Property” in Intellectual Property and Emerging Technologies, Rimmer, Matthew and McLennan, Alison (New York: Edward Elgar, 2012) Gold, E. Richard and Tal Srulovicz, “Beyond Economics: Cultural and Institutional Barriers to Commercializing Innovation in Perspectives on Commercializing Innovation, F. Scott Kieff and Troy A. Paredes, eds. (Cambridge: Cambridge University Press, 2011) at 560. Policy Reports Gold, E. Richard, Collaborative Mechanisms for Intellectual Property Management in the Life Sciences (2011). A Report for the Organisation for Economic Co-operation and Development. Callan, Benedict, Bubela, Tania, Slater, Barbara, Gagnon, Marc-Andre, Bourassa Forcier, Melanie and Gold, E. Richard, Impact of Intellectual Property Protection on Pharmaceutical Innovation (2011). A Report for Health Canada. Gagnon, Marc-Andre and Gold, E. Richard, Public Financial Support to the Canadian Brand-name Pharmaceutical Sector: A Cost-Benefit Analysis (2011). A Report for Health Canada. De Beer, Jeremy de Beer, Gold, E. Richard and Guaranga, Mauricio, GPS Policy Brief No. 4: Intellectual Property Management: Policy Issues and Options (2011). A Report for Genome Canada. Bently, Lionel, Sherman, Brad, Borges Barbosa, Denis, Basheer,

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Shamnad, Visser, Conrad, & Gold, Richard, Exclusions from Patentability and Exceptions and Limitations to Patentees’ Rights (2010) A Study Prepared for the World Intellectual Property Organization, Standing Committee on the Law of Patents. Gold E. Richard, Bubela, Tania, Carbone Julia, et al. At the intersection of health and intellectual property: Issues, tools and directions for Health Canada (2010) Report to Health Canada: Bioethics, Innovation and Policy Integration Division, 71pp. Bubela Tania, Gold E. Richard, Morin, Jean-Frederic, et al. Evidence and Background Information to Inform Canada’s Approach to Public Health and Intellectual Property Issues in International Fora (2010) Report to Health Canada’s International Affairs Directorate (IAD) 94pp. Sandy Pearlman [visiting] Areas of Interest: IP law; International Law; Law & Development.

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Queen’s University IP Courses
Link (Fall): http://law.queensu.ca/students/jdProgram/2012-2013UpperYearStudents/fall2012CourseOfferings.html Link (Winter): http://law.queensu.ca/students/jdProgram/2012-2013UpperYearStudents/winter2013CourseOfferings-1.html

Trademarks and Unfair Competition (Bita Amani)

This course examines the law of private remedies for the protection of 'trade identity' conferred by the exclusive right to use a mark to indicate the source of a product or service, as well as for related intangibles of commercial value. The focus is on the federal Trademarks Act and its impact on private rights to regulate the use of trademarks, tradenames and unfair competitive practices. Students will learn how the common law regulation of unfair competition (the tort of passing off) complements the statutory protections afforded for brands and logos that now dominate modern consumer culture. Some attention is given to theoretical justifications and normative frameworks for trade-mark protection; public policy objectives; the basis for making a trademark application and grounds for opposition, distinctiveness and use; infringement; title; the relationship to the law of trade-names under common law and federal and provincial incorporation statutes; and international obligations to which Canadian law must conform, notably through the Paris Convention and Trade Related Aspects of Intellectual Property Agreement. Students learn how the interests of stakeholders, from the desire to prevent free-riding to the promotion of free competition and free expression to the consumer and public interest in protecting the integrity of trade in wares and services from confusion, have played out under Canadian law. This seminar will consider recent topics of controversy and political debate in the field of intellectual property and the protection of knowledge goods. The purpose of this course is to provide students with the opportunity to critically examine some of the normative and theoretical underpinnings for legally protecting intellectual contributions and to foster an understanding of how these rationales play out in terms of politics, policy development, and legal doctrine in specific substantive areas. T hese insights are relevant to the selected special topics that focus on the relationship of intellectual property protection with culture, communication, development, trade, human rights, and the tension between national objectives and international obligations. Students are expected to have some basic substantive knowledge in at least one area of intellectual property law and to be eager to critically engage with advanced “fringe” issues of IP. Topics vary from year to year but may include copyright protection for oral works and folklore, the use of intellectual property to protect traditional and indigenous knowledge, biodiversity, biopiracy, and biocolonialism, the politics of property in the human genome and the patenting of life, the growing anti-competitive uses of intellectual property and proliferation of “bad patents”, farmer’s rights to save seeds, the trade related aspects of intellectual property and implications of expanding IPRs, trademark protection for geographic

Advanced Intellectual Property (Bita Amani)

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appellations, the special status of famous marks, and the effects of property fundamentalism on the promotion of progress in science and the useful arts. Patent Law (Greg Piasetzki) Patents are essential to the protection of innovation in many industrial sectors including manufacturing, pharmaceuticals, aerospace and information and technology. A number of international and bilateral agreements seek to “harmonize” the patent protection available worldwide. Nations become signatories to such agreements, in part, in an effort to attract capital and jobs. his course will provide an overview of the Canadian law of patents for invention. We will review the historical development of patents for invention, briefly discuss the interrelationship between patents and other branches of Canadian IP law such as trade secrets, industrial designs, integrated circuit topographies, plant breeder's rights, copyrights and trade-marks and consider the formalities of filing a patent application in Canada. We will explore the basic principles of the patent system in Canada, namely patentable subject matter, novelty, inventive step, utility and sufficiency of the patent specification and discuss the various mechanisms for modifying a granted patent. We will study the enforcement of one's rights, whether by action for infringement, by licence and assignment or by the Notice of Compliance regime in place for pharmaceutical products. Finally, we will briefly contrast differences in the patent procurement and enforcement schemes in place in the United States, Europe and Japan with those of Canada, as well as anticipated developments in patent law in the future, to the extent that time permits. Copyright law affects almost every aspect of our lives, from the movies we watch, to the books we read, the music we listen to, and the houses we live in. The law of copyright extends a limited term of protection to artistic, musical, literary, dramatic and other works under the federal Copyright Act. This course provides a brief introduction to the field of intellectual property and Copyrights relationship to other specific forms of intellectual property governance, examining the requirements for copyright protection, the kind of works that qualify for protection, the scope and limits of the rights, and the distinction between authorship and ownership of a work. The extent and nature of protection including moral rights and neighbouring rights will also be examined as will be the historical and contemporary importance of the traditional forms of the protected works in the context of changing technology such as computers and internet technology. Specific topics for exploration include the nature of the owners right, the expression/idea dichotomy, the freedom of users to deal fairly with copyrighted works, and the public interest in the public domain and commons. Copyright theory will be tested against its application with some attention being given to international aspects of protection, and current efforts in public policy and law reform. This seminar focuses on the challenges of protecting information privacy against the threat of emerging technologies (such as biotechnology, internet communication technologies, information tracking technologies, biometrics, and surveillance technologies to name a few). Information has been central to the form and function of the knowledge economy and plays a vital role as between individuals and in relationship with the state, raising issues pertaining to its control, access, aggregation, storage, retrieval, use and

Copyright (Bita Amani)

Information Privacy (Bita Amani)

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dissemination. The new technologies operationally interrogate existing dominant conceptions of privacy and introduce fresh areas of private contestation that question the need for a coherent theoretical framework. This course will survey the mixed regulatory mechanisms available for protecting information privacy in Canadian law, ranging from constitutional to statutory and common law protections, and will examine how normative conceptual understandings (and their tradeoffs) mediate new technologies, civil liberties, democratic values, public policy, law and reform efforts. Queens Business Law Clinic This course provides 2nd and 3rd year students with the opportunity to provide supervised legal services to entrepreneurs, start-up and small businesses, and not for profit organizations located in Kingston and the broader region of Eastern Ontario. It is meant to augment the common and statutory law principles students learn in such courses as Contracts, Business Associations and Trade-marks in a practical way. The course also provides a valuable service to the area community. Under the supervision of the Clinic Director and Review Counsel, students will work on client files that involve business law matters such as:  Incorporation and organization of business and not-for profit organizations  Shareholder and partnership agreements  Business name and trade-mark work (including applications)  Compliance with general government regulations for start-up companies  Drafting and review of simple contracts, including non-disclosure and non-competition agreements  Employment contracts Students will also be actively involved in the operation of the Clinic, learning and developing practice management skills such as client development and marketing, Law Society regulation, the use of retainer agreements and practice administration. The course will run from September until April (i.e. two terms). Clinic members will meet as a class for 1.5 hours each week, and students will be required to meet with the Clinic Director on at least a weekly basis. Grading will be based on two elements: an evaluation of the work completed by the student throughout the year; and the completion by each student of an oral and written presentation on a matter relevant to the Clinic and determined by agreement between the student and Clinic Director. A maximum of 12 students will be admitted to this course in 2010-2011; students will be selected by the Clinic Director based on a written application process to be completed in late March. The Clinic Director may interview prospective students as, in his discretion, is necessary or desirable. Participated in 2012 and 2013. IP Professors Bita Amani Biography/Current Research: Current research in intellectual property law (domestic and International),

Harold Fox IP Moot

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intellectual property law theory and policy and its interaction with law and development, regulating genetics and new technologies, biopiracy and protection of traditional and cultural knowledge, regulatory and ethical Issues of medical/scientific research and its commercialization, privacy and data protection, social justice and regulatory diversity, feminist and critical legal studies. Publications: Books and Monographs Trade-marks and Unfair Competition: Cases and Commentary on Canadian Law, (with Carys Craig), (Toronto: Carswell, 2011); Second edition, forthcoming 2014. http://www.carswell.com/product-detail/trade-marks-andunfair-competition-law-in-canada/ State Agency and the Patenting of Life in International Law: Merchants and Missionaries in a Global Society, (Aldershott: Ashgate Publishing Company, 2009). http://www.amazon.ca/State-Agency-Patenting-LifeInternational/dp/075467438X Book Chapters “Consuming “DNA as Chemicals” and Chemicals as Food” in Dayna Nadine Scott (ed.), “Consuming” Chemicals: Law, Science & Policy for Women’s Health (Vancouver: UBC Press, 2014 forthcoming). “Biopatenting and Industrial Policy Discourse: Decoding the Message of Biomedia on the Limits of Agents and Audiences”, in Teresa Scassa et al.(eds.). Multidisciplinary Approaches to Intellectual Property Law (Toronto: Irwin Law, 2013 forthcoming). “Copyright and Freedom of Expression: Fair Dealing Between Work and Play” in Rosemary Coombe et. al., (eds.), Dynamic Fair Dealing: Creating Canadian Culture Online (Toronto: University of Toronto Press, 2013 forthcoming). “Patents on Genes: Identifying Issues and Responses (with Lisa Austin), in Trudo Lemmens, Roxanne Mykitiuk, & Mireille Lacroix, Reading the Future?: Legal and Ethical Challenges of New Predictive Genetic Testing. (Montreal: Editions Thémis, 2007). Book Reviews Ikechi Mgbeoji, Global Biopiracy: Patents, Plants, and Indigenous Knowledge” (2008) 46:2 Osgoode Hall Law Journal, 50th Anniversary Special Environmental Issue (Invited, peer reviewed). Journal Publications “Access Copyright and the Proposed Model Copyright License Agreement: A Shakespearean Tragedy” (2012) 24 Intellectual Property Journal 221-246. “Patents, the Charter, & a Healthy Dose of Rights in Wrongs: The Poison Is the Elixir for Life, Liberty, and Security of the Person” (2007) UNBLJ (Public Authority Liability in Canada Special Issue) 161-213. “The Human Genome Diversity Project: The Politics of Patents at the Intersection of Race, Religion, and Research Ethics” (2005) 27:1 Law and Policy (Law, Technology, and Development Special Issue) 159-195 (with

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Rosemary Coombe). Reprinted in William Gallagher, ed., Intellectual Property (a volume in the International Library of Essays in Law and Society, (Aldershott: Ashgate Publishing Company, 2007). “Patents & Public Health: International Trade Obligations & Domestic Policy Development” (2002) 22.3 Health Law in Canada 76-84 [invited companion article to Dr. Terrence Sullivan and Esther Shainblum, “Trading in health: The World Trade Organization (WTO) and the International Regulation of Health and Safety” (2001) 22.2 Health Law in Canada, 29-47]. Greg Piasetzki Biography: The focus of Greg's practice, for more than 30 years, has been intellectual property litigation. A list of reported cases in which he has appeared as counsel can be viewed here. Greg served for 6 years as a member of the committee responsible for certifying members of the Law Society of Upper Canada as specialists in the practice of intellectual property law. He is also a member of the Intellectual Property Institute of Canada, and various other professional associations. Greg has lectured on intellectual property law in Canada, the United States, China, Brazil and the Ukraine. Currently he teaches a course in patent law at the Faculty of Law, Queen's University. Publications: Chapter on Alternative Dispute Resolution in: Intellectual Property Disputes: Resolutions and Remedies by Carswell.

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University of Alberta IP Courses Link: http://lawschool.ualberta.ca/courses.aspx Intellectual Property (Robert D. McDonald and Ted Yoo) Musicians and the Law (Cameron Hutchison) A study of the legal concepts of Intellectual Property, including Patent, Copyright, Industrial Design, Trademark and Trade Secrets. Discussion of the practical aspects of implementation of Intellectual Property concepts, including formal and informal protection of Intellectual Property, licensing and Common Law rights and remedies. In many areas of legal practice, you will be called upon to negotiate with opposing counsel and draft either a contract or an agreement. This course is intended to help develop skills of negotiation and contract drafting in the interesting context of the music business. The course canvasses the major legal and business issues that arise in contract negotiations involving myriad aspects of the music business including intellectual property rights. Students will be expected to elaborate key issues in a position paper, participate in contract negotiations, and finally, draft a contract with respect to a major aspect of the music business, e.g. record contracts, touring, personal managers, or publishing contracts Intellectual Property Law 518 is a survey course of the Canadian law of intellectual property with a focus on copyright, patents and trade-marks. The course surveys keys legal concepts and issues in each of these areas by looking at the relevant statutes and case law. A main goal of the course will be to critique the law against the theoretical and policy underpinnings that support property protection in each area of study. This class will explore the policy challenges associated with emerging biotechnology innovations, including stem cell research, human cloning, gene patents and bio-banking. Though I will cover and compare relevant national and international law, the emphasis will be on ethical and policy issues, such as the difficulty of making laws on controversial topics in pluralistic societies. The class will be a mix of lecturing and group discussion. It is hoped that the class with be informative, provocative and interesting. Participated in 2012. $2000 to be offered in 2014/15 for a ten year term to best student paper.

Intellectual Property (Cameron Hutchison)

Biotechnology Policy (Timothy Caulfield)

Harold G. Fox IP Moot Research Essay Prize in Intellectual Property Law

IP Professors Robert D. Mcdonald [adjunct] Biography: Partner in Dentons Canada LLP's national technology and Intellectual Property Law Group, Chair of National IP Law Group, member of

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Technology Law Group and Franchising Group. Practice focuses on protection, licensing, exploitation and enforcement of IP & Technology. Experience with trade-mark protection, prosecution and oppositions, copyright agreements and disputes, software licensing agreements and legal issues relating to the Internet and information technology. IP litigation experience at various court levels, including Federal Court, involving trade-mark, patent, copyright, trade secret and confidential information matters, as well as domain name and franchise disputes. Experienced arbitrator and mediator of IP disputes. Registered Trademark Agent in Canada and US, executive member of Alberta CBA IP section, member of Licensing Executives Society (co-Chair of Edmonton Chapter), IPIC and INTA, and other local technology organizations. Fellow and former councillor of IPIC and former Director of Access Copyright, Canadian Copyright Licensing Agency. Frequent speaker and writer on various IP law topics, including for Legal Education Society of Alberta, Insight, IPIC and LES. Teaches IP law course at the University of Alberta, Faculty of Law. Admitted to Alberta Bar, 1989. Publications: No recent publications in Intellectual Property-related matters. Ted Yoo [adjunct] Biography: Partner at Bennett Jones in Edmonton: Ted Yoo is a registered patent and trademark agent in both Canada and the United States. His practice is focused on the protection on the protection and enforcement of intellectual property rights, including patents and trademarks. Publications: The Supreme Court of Canada VIAGRA Case: 5 Messages Technology Businesses Should Receive, November 12, 2012. Cameron Hutchison Biography: Dr. Cameron Hutchison has wide ranging teaching and research interests. He has published papers on international and Canadian intellectual property law, statutory interpretation, internet law, and (most recently) interdisciplinary perspectives on the law of copyright. Many of his publications can be downloaded at http://ssrn.com/author=410386. Professor Hutchison has taught at law schools in Australia, Japan and China, and currently teaches the following courses at the University of Alberta: intellectual property, musicians and the law (advanced copyright), statutory interpretation, and conflict of laws. Publications: Infringement and the International Reach of U.S. Patent Law, Federal Circuit Bar Journal, Vol. 17, pp. 241-278, 2008. Which Kraft of Statutory Interpretation? A Supreme Court of Canada Trilogy on Intellectual Property Law, Alberta Law Review, Vol. 46, No. 1, 2008. A Comparative Study of 'Fair Use' in Japanese, Canadian and US Copyright Law, Hosei Riron. Interpreting Copyright Law & Internet Facts, Canadian Journal of Law and

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Technology, Vol. 43, 2010. Greg Hagen, Cameron Hutchison, David Lametti, Graham J. Reynolds, Teresa Scassa, Margaret Ann Wilkinson, Canadian Intellectual Property Law: Cases and Materials (Toronto: Emond Montgomery Publications, 2013), available at available at http://emp.ca/canadian-intellectualproperty-law-cases-and-materials.html. Timothy Caulfield Biography: Timothy Caulfield is a Canada Research Chair in Health Law and Policy and a Professor in the Faculty of Law and the School of Public Health at the University of Alberta. He has been the Research Director of the Health Law Institute at the University of Alberta since 1993. Over the past several years he has been involved in a variety of interdisciplinary research endeavours that have allowed him to publish over 250 articles and book chapters. He is a Fellow of the Trudeau Foundation, a Health Senior Scholar with the Alberta Heritage Foundation for Medical Research and the Principal Investigator for a number of large interdisciplinary projects that explore the ethical, legal and health policy issues associated with a range of topics, including stem cell research, genetics, patient safety, the prevention of chronic disease, obesity policy, the commercialization of research, complementary and alternative medicine and access to health care. Professor Caulfield is and has been involved with a number of national and international policy and research ethics committees, including: Canadian Biotechnology Advisory Committee; Genome Canada’s Science Advisory Committee; the Ethics and Public Policy Committee for International Society for Stem Cell Research; and the Federal Panel on Research Ethics. He is a Fellow of the Royal Society of Canada and the Canadian Academy of Health Sciences. He writes frequently for the popular press on a range of health and science policy issues and is the author of The Cure for Everything: Untangling the Twisted Messages about Health, Fitness and Happiness (Penguin 2012). Publications: Richard Gold and Timothy Caulfield, “Human Genetic Inventions, Patents and Human Rights” (prepared for Department of Justice, 2003) 50 pp. Timothy Caulfield, “Reflection on the Gene Patent War: The Myriad Battle, Sputnik and Beyond” (2011) 57 Clinical Chemistry 977-79. (PR) C.J. Murdoch and Timothy Caulfield, “Commercialization, Patenting and Genomics: Researcher Perspectives” (2009) 1:22 Genome Medicine. (PR) Timothy Caulfield, Ubaka Ogbogu, Charles Murdoch, and Edna Einsiedel, “Patent, Commercialization and the Canadian Stem Cell Community” (2008) 3 Regenerative Medicine 483-496. (PR) Timothy Caulfield, Tania Bubela, and C.J. Murdoch, “Myriad and the Mass Media: The Covering of a Gene Patent Controversy” (2008) 9 Genetics in

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Medicine 850-855. (PR) Timothy Caulfield, Edna Einsiedel, Jon Merz, and Dianne Nicol, “Trust, Patents, and Public Perceptions: The Governance of Controversial Biotechnology Research” (2006) 24 Nature Biotechnology 1352-54. (PR) Timothy Caulfield, Bob Cook-Deegan, Scott Kieff, and John Walsh, “Evidence and Anecdotes: An Analysis of Human Gene Patenting Controversies” (2006) 24 Nature Biotechnology 1091-1094. (PR) Timothy Caulfield and Barbara von Tigerstrom, “Gene Patents, Health Care Policy and Licensing Schemes” (2006) 24 Trends in Biotechnology 251-254. (PR) Timothy Caulfield, “From Human Genes to Stem Cells: New Challenges for Patent Law?” (2003) 21 Trends in Biotechnology 100-103. (PR) Timothy Caulfield, Bartha Maria Knoppers, Richard Gold, et al., “Genetic Technologies, Health Care Policy and the Patent Bargain” (2002) 63 Clinical Genetics 15-18. (PR) Richard Gold, Timothy Caulfield, and Peter Ray, “Gene Patents and the Standard of Care” (2002) 167 Canadian Medical Association Journal 25657. (PR) Richard Gold and Timothy Caulfield, “The ‘Moral Tollbooth’: A Method That Makes Use of the Patent System To Address Ethical Concerns in Biotechnology” (2002) 359 The Lancet 2268-70. (PR) Timothy Caulfield, Richard Gold, and Mildred Cho, “Patenting Human Genetic Material: Refocusing the Debate” (2000) 1 Nature Reviews Genetics 227-231. (PR) Timothy Caulfield and Richard Gold, “Genetic Testing, Ethical Concerns and the Role of Patent Law” (2000) 57 Clinical Genetics 370-375. (PR) Timothy Caulfield, “Human Gene Patents: Proof of Problems?” (20092010) 84 Chicago-Kent Law Review 133-145. (PR) Timothy Caulfield, Tania Bubela, and C.J. Murdoch, “Myriad and the Mass Media: The Covering of a Gene Patent Controversy” (2008) 9 Genetics in Medicine 850-855. (PR) Timothy Caulfield, “Stem Cell Patents and Social Controversy: A Speculative View From Canada” (2006) 7 Medical Law International 219-

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232. (PR) Timothy Caulfield, “Policy Conflicts: Gene Patents and Health Care in Canada” (2005) 8 Community Genetics 223-227. (PR) Timothy Caulfield and Lorraine Sheremeta, “Biotechnology Patents and Embryonic Stem Cell Research: Emerging Issues (Part II)” (2004) 1 Journal of International Biotechnology Law 142-145. (PR) Timothy Caulfield and Lorraine Sheremeta, “Biotechnology Patents and Embryonic Stem Cell Research: Emerging issues (Part I)” (2004) 1 Journal of International Biotechnology Law 98-104. (PR) Timothy Caulfield, “Gene Patents, Human Clones and Biotechnology Policy: The Challenge Created by Globalization” (2004) 3 Alberta Law Review 713-24. (PR) Timothy Caulfield and Richard Gold, “Whistling in the Wind: Reframing the Genetic Patent Debate” (2000) 15 Forum for Applied Research and Public Policy 75-79. Book Chapters Timothy Caulfield, “Biotechnology Patents, Public Trust and Patent Pools: The Need for Governance?” in David Castle, ed., The Role of Intellectual Property Rights in Biotechnology Innovation (Edward Elgar Publishing, 2009) pp. 357-368. Timothy Caulfield and Yann Joly, “Human Gene Patents and Genetic Testing; Chapter 36” in G. Patrinos and W. Ansorge, eds., Molecular Diagnostics, 2nd ed., (London: Elsevier, 2009) pp. 527-536. Timothy Caulfield, Lorraine Sheremeta, E. Richard Gold, Jon Merz, and David Castle, “Informing genomic patent policy” in N.F. Sharpe and R.F. Carter, eds. Genetic Testing: Care, Consent and Liability (New Jersey: John Wiley and Sons, 2006) pp. 328-339. Timothy Caulfield and Barb von Tigerstrom, “Globalization and Biotechnology Policy: The Challenges Created by Gene Patents and Cloning Technologies” in Belinda Bennett and George F. Tomossy, eds., Globalization and Health: Challenges for Health Law and Bioethics, (Springer: International Library of Ethics, Law and the New Medicine, 2005) pp. 129-149. Timothy Caulfield, “Human Gene Patents and Genetic Testing; Chapter

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30” in G. Patrinos and W. Ansorge, eds., Molecular Diagnostics (London: Elsevier, 2005) pp. 391-397. Lorraine Sheremeta, Richard Gold, and Timothy Caulfield, “Harmonizing Commercialization and Gene Patent Policy with other Social Goals” in B. M. Knoppers, ed., Population and Genetics: Legal and Socio-Ethical Perspectives (The Netherlands: Koninklijke Brill, 2003) pp. 423-452. Timothy Caulfield, Kathy Cherniawsky, and Erin Nelson, “Patent Law and Human DNA: Current Practices and Future Problems” in Legal Rights and Human Genetic Material (Toronto: Emond Montgomery, 1996) pp. 117148. Timothy Caulfield, “Biotechnology Patents, Public Trust and Patent Pools: The Need for Governance?” in David Castle, ed., The Role of Intellectual Property Rights in Biotechnology Innovation (Edward Elgar Publishing, 2009) pp. 357-368. Articles in Popular Press “Do Gene Patents Hurt Research?” (29 October 2009) Science Progress http://www.scienceprogress.org/2009/10/do-gene-patents-hurt-research/. Ottawa Must Act on DNA Patents” (R. Gold, T. Caulfield, B. Knoppers, et al.) (15 December 2001) The Montreal Gazette B7. Also published as: “ADN: il faut modifier la loi sur les brevets” (16 January 2002) La Presse, A15. “The Dark Side of Gene Patenting” (with R. Gold) (21 November 2001) The Ottawa Citizen A19. “Don’t Make Science a Crime” (with B.M. Knoppers) (20 August 2001) Globe and Mail A9. “Patents, Labels and the Regulatory Environment” (2001) 4 Biotechnology Focus 16, 24-25.

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University of British Columbia (UBC) IP Courses Link: http://www.law.ubc.ca/files/pdf/current/jd/web_files/Course_Descriptions/Course_description_report.pdf Intellectual Property (Joost Blom) This course will survey the three major statutory areas of intellectual property law, which are copyright, trademarks and patents. Attention will also be paid to common law protection for intellectual property through wrongs such as breach of confidence and passing-off. Intellectual property used to be thought of as an esoteric subject, remote from everyday legal life, but the rise of the knowledge economy means this is no longer true (if it ever was). Copyright and trademark issues arise in a wide variety of commercial or even non-commercial situations. Patent law is also an area that every lawyer should know something about although, by and large, only specialists engage in it deeply. The plan is that the first two topics will take up about 10 weeks of the course and patents about the last 3 weeks. The aim is to give a reasonably thorough understanding of the legislation, treaties and case-law on copyright and trademarks (including the related tort of passing-off), and do enough of patents to know what patent law is and, in general terms, how it works and how it fits into the broader scheme of the protection of intellectual property rights. Intellectual Property (Thomas W. Bailey, Jennifer Marles, Craig A. Ash) Media and Entertainment Law (Joe Weiler) This course will survey the major statutory areas of intellectual property law, which are patents, trademarks, copyright and industrial designs. Attention will also be paid to common law protection for intellectual property through wrongs such as breach of confidence and passing-off.

This course will focus on areas of public and private law that impact on the broadcast, music, motion picture production, live event promotion and management, and interactive entertainment (video game) industries. Subjects such as taxation, finance, contracts, intellectual property, advertising/marketing restrictions, cultural sovereignty and international trade, broadcast telecommunications/regulatory/administrative issues, freedom of expression and personality/privacy rights of entertainers will be explored. Issues arising from digital technology and the Internet that are creating new challenges to the traditional business models of the recording film, and newspaper industries will be discussed. The goal of the course will be achieving an overview of legal, industrial and institutional infrastructures of the media and entertainment industries. Video games create virtual worlds that players physically interact with. In so doing video games upset the traditional media apple cart. The gamer becomes the controller of a responsive virtual world, rather than simply a passive “receiver” of images and sound. North American video game revenues routinely surpass both domestic film box office receipts and music sales. The videogame industry continues to grow faster than almost any other economic segment. Vancouver is one of the largest and most sophisticated centers of video game production in the world. The creation, dissemination

Topics in Intellectual Property: Video Game Law (Jon Festinger)

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and enjoyment of interactive entertainment is governed by a multi-dimensional grid of international and domestic laws relating to intellectual property, communications, contracts, torts, privacy, obscenity, antitrust and freedom of expression. The myriad legal issues currently manifest in digital media often originated in games. Video gaming has presaged the now rapid rise of realtime social media communities. By building additional levels for their favorite products gamers have for decades been engaged in crowd sourcing, usergenerated content and remixing source materials. Games also consistently lead technological, interactive and creative advancements of the digital age. Threatening intellectual property orthodoxies has literally always been part of the game. It can easily be suggested that the legal and ethical issues in all media spaces may be best and most critically explored and understood through the lens of video games. Accordingly the processes of creating and playing games constitute a useful proving ground for legal constructs applying to creativity. Given all of this occurs with a core demographic that includes very large numbers of children considerably complicates the resulting analysis. The goal of this course is to continue scholarship in the area. It also forms part of a cluster of courses both at UBC Law School related to the media, entertainment and communications industries. The course will be limited to twenty-four students. The pedagogic concept of the course is to map and design learning territories to be explored by the students and provide as many tools as possible for that exploration. Accordingly there are multimedia components of the course including a website containing past lectures, discussion forums and resource materials (http://blogs.ubc.ca/videogamelaw/). Industry expert guest speakers appearing in person and or by remote connection also play a significant role. Topics in Intellectual Property: Current Issues in Copyright (Graham Reynolds) This seminar focuses on current issues in copyright law. Emphasis will be placed on the multi-media environment for the creation, distribution, transmission, manipulation, marketing, and licensing of copyright-protected works. Topics will include some, and possibly all, of the following: the public domain, the first sale doctrine, feminism and copyright, rhetoric and copyright, evidence-based policy-making in the context of copyright, and the contours of authorship, originality, creativity and creative expression. The course may also explore the expansion of the copyright domain in the context of legal and policy debates and the impact of new technologies, as well as technologydriven regulatory and access devices on copyright jurisprudence. In appropriate instances, comparative perspectives on copyright in other jurisdictions such as the United States and the European Union will be examined. This seminar focuses on the intersection of intellectual property and human rights. It will cover the expansion of intellectual property protection; the development of human rights; specific intersections of intellectual property and human rights such as copyright and freedom of expression, patents and the right to health, and patents and the right to food; the issue of whether intellectual property is itself a human right; and the relationship between intellectual property and human rights.

Topics in Intellectual Property: Intellectual Property & Human Rights (Graham Reyolds)

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IP Professors Joost Blom Biography: Joost Blom joined the Faculty of Law in 1972, served as Associate Dean 1982-85, and was Dean 1997-2003. He has been a Visiting Professor at Osgoode Hall Law School (1981), Part-time Lecturer at the University of Victoria (1979-81), Research Fellow and Lecturer at the Canadian Studies Centre at the University of Trier (Germany) (1996), and Senior Fellow, Faculty of Law, University of Melbourne (2006). Professor Blom's research and writing have been concentrated in the areas of Contracts and Torts, focusing on the relationship between them; in Conflict of Laws (Private International Law); and in Comparative Law. He served as President of the Canadian Association of Law Teachers 1983-84. He is currently (to Dec. 2011) an elected Bencher of the Law Society of B.C. He has served as Chair (1996-97) of the Board and Treasurer (1995-96 and 2004-06) of the Continuing Legal Education Society of B.C., and he continues on the Board. He has regularly given presentations in the Society's courses. He is Chair of the Mackenzie King Scholarship Board of Trustees and a Membre Titulaire of the International Academy of Comparative Law. He was awarded the designation of Queen’s Counsel (for B.C.) in 1985. Publications: “Star Wars Storm Troopers, the Next Episode: Lucasfilm in the United Kingdom Supreme Court” (2011) 24:1 I.P.J. 67-92. “The Private International Law of Intellectual Property” (2010) 26:1 C.I.P.R. 67-92. Thomas W. Bailey Biography: Thomas W. Bailey (B.Sc. (UBC 1983), LL.B. (UBC 1987)) joined the firm Oyen Wiggs Green and Mutala LLP in Vancouver in 1988. He specializes in patent law, especially in the biotechnology field. He is a registered patent and trademark agent and has taught as an adjunct professor at this Faculty since 1993. Mr. Bailey has published numerous papers on intellectual property topics, including the patents chapter in the Continuing Legal Education Annual Review of Law & Practice. Biography: Jennifer Marles (B.Sc. (UBC 2001), M.Sc. (University of Toronto 2003), LL.B. (University of Victoria 2006)) is an associate at Oyen Wiggs Green & Mutala LLP. She is a registered patent agent and trademark agent, and practices in the area of intellectual property law. Her practice involves assisting clients with a broad range of issues in the areas of patents, trademarks, copyright, industrial designs, and confidential information, with a particular focus on patent prosecution in the fields of biotechnology and medical devices Craig A. Ash (B.Sc. (Brandon University 1995) and LL.B. (University of Victoria 1998)) is a partner of the Vancouver firm Oyen Wiggs Green & Mutala LLP, and practises in the area of intellectual property law, with a particular emphasis on litigation. He is also a registered trademark agent and patent agent

Jennifer Marles

Craig A. Ash

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Joe Weiler

Biography: Joseph Weiler is Professor at the University of British Columbia (UBC) Faculty of Law in Vancouver. He earned his BA with Honors at the University of Toronto in 1969, his LLB at Osgoode Hall Law School, York University in 1972 and his LLM at the University of California, Berkeley School of Law in 1974. He joined the Faculty of Law at UBC in 1974, first as Assistant Professor and then was promoted to Associate Professor and became a Full Professor in 1987. He has taught courses on criminal law, criminal procedure, constitutional law and the law of cyberspace, and currently teaches courses on labor law and policy, sports law, media and entertainment law, and the law of the Olympic Games. Professor Weiler is the author, co-author and editor of numerous publications, including books and journal articles, in all of the areas that he has taught over the years at UBC. Professor Weiler was called to the Bar in British Columbia in 1973 and has acted as counsel in numerous cases at all judicial levels, including the provincial and county courts, the Supreme of British Columbia, the BC Court of Appeal and the Supreme Court of Canada. Professor Weiler has also had a long career in the field of alternative dispute resolution acting as a mediator and arbitrator in over 400 disputes, and was the Commissioner of the Vancouver Port Container Traffic Inquiry in 1986-88. He was elected a member of the National Academy of Arbitrators in 1984 and he served as counsel to the Vancouver Canucks Hockey Club from 1990 to 1995. Professor Weiler was the Founding Director and President of the Pacific Institute of Law and Public Policy from 1982-1990, served as Executive Director of the Asia Pacific Business Institute from 1985-1988, Executive Director of the UBC Nemetz Centre for Dispute Resolution from 1988-1991, and Executive Director of the BC Seafood Sector Council from 1998-2002. He has served as Chair of many organizations, such as the British Columbia Motion Picture Industry – Government Roundtable, the Canadian Bar Association Asian Law Task Force, and the Board of Directors of the West Vancouver Arts Centre Trust. Publications: No recent publications on Intellectual Property-related matters.

Graham Reynolds

Biography: Graham J. Reynolds teaches and researches in the areas of copyright law, intellectual property law, property law, and intellectual property and human rights. Prior to joining the UBC Faculty of Law in 2013, Graham was an Assistant Professor at the Schulich School of Law at Dalhousie University, where he was the Co-Editor in Chief of the Canadian Journal of Law and Technology and a member of Dalhousie University's Law and Technology Institute. The recipient of an award for excellence in teaching, Graham has completed graduate studies at the University of Oxford, where he studied on a Rhodes Scholarship, and has served as the judicial law clerk to the Honourable Chief Justice Finch of the British Columbia Court of Appeal. Graham is currently completing doctoral studies in law at the University of Oxford. The Social Sciences and Humanities Research Council of Canada and the Pierre Elliott Trudeau Foundation supported his doctoral work, which focuses on the intersection of freedom of expression and copyright in Canada.

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Publications: Representative published works: Greg Hagen, Cameron Hutchison, David Lametti, Graham J. Reynolds, Teresa Scassa, Margaret Ann Wilkinson, Canadian Intellectual Property Law: Cases and Materials (Toronto: Emond Montgomery Publications, 2013), available at http://emp.ca/canadian-intellectual-property-law-cases-andmaterials.html. Graham J. Reynolds, "Of Reasonableness, Fairness and the Public Interest: Judicial Review of Copyright Board Decisions in Canada's Copyright Pentalogy," in Michael Geist, ed, The Copyright Pentalogy: How the Supreme Court of Canada Shook the Foundations of Canadian Copyright Law (Ottawa: University of Ottawa Press, 2013). Jon Festinger Biography: Jon Festinger, Q.C. (LL.B., B.C.L. 1980 (McGill University)) is a Vancouver, British Columbia based counsel and educator. A faculty member at the Centre for Digital Media (http://thecdm.ca) Jon has taught media, entertainment and communications law topics at the UBC Faculty of Law for over two decades, as well as occasionally teaching at the University of Victoria Faculty of Law and the UBC Graduate School of Journalism. He is the author of the first edition of “Video Game Law” published by LexisNexis in 2005, and co-author of the 2nd Edition published in 2012 (http://www.lexisnexis.com/store/ca/catalog/booktemplate/productdetail.jsp?pr odId=prd-cad-01004). As a graduate of McGill University’s Faculty of Law, Jon began his legal career in private practice, in turn becoming General Counsel of WIC Western International Communications, Senior Vice President of the CTV Television Network and Executive Vice President, Business & General Counsel of the Vancouver Canucks. Jon practices law through Festinger Law & Strategy, is Vice Chair of Ronald McDonald House British Columbia, a Director of City Opera Vancouver, a Director of the eatART Foundation, and a Trustee of the Simon Fraser University Foundation. Jon is dedicated to computer racing simulations and can often be found in his fully equipped virtual cockpit.

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University of Calgary IP Courses Link: http://law.ucalgary.ca/system/files/Course+Descriptions_0.pdf Intellectual Property Law (Gregory Hagen) Intellectual Property Transactions (John Ramsay) Intellectual property, including the law of patents, copyrights, and trademarks. Intellectual property transactions and strategies in a variety of industries in energy, information technology, and life sciences. Topics include open source IP, IP governance, management and best practices, valuation, ownership, improvements, co-ownership and collaboration, patent pools and standard setting organizations, software licensing and IT transactions, licensing, infringement management, and warranties. The legal, ethical, and policy issues relating to biotechnology. Topics include genetically modified foods, animals and plants, synthetic genomics, animal-human combinations, xenotransplantation, human cloning, pharmacogenetics, biofuels, assisted human reproduction, stem cells, tissue engineering, genetic therapy, and genetic enhancement. The Internet as a technology, a place for social interaction, and a marketplace. Topics include internet governance, network neutrality, end to end and layered principles, the domain name system, peer production and distribution, information security and privacy, ISP regulation, regulation of internet content, electronic commerce, VOIP regulation, and anti-circumvention law. IP Professors Gregory Hagen Biography: Greg joined the Faculty in 2003. Prior to entering the field of law, Professor Hagen earned his Ph.D. in the philosophy of science at the University of Western Ontario. Greg was called to the Bar of British Columbia in 1999, following which he practiced in the areas of corporate, securities and technology law at two national law firms. Greg taught law at the University of Ottawa (Common Law) during the 2002-2003 academic year and has taught philosophy at the University of Western Ontario. During the summer of 2005 he was a visiting professor at Duke University's Asia America Institute in Transnational Law at the University of Hong Kong, where he co-taught a course entitled "Surveillance, Technology and National Security: Issues in Civil Liberties." He spent one term in 2008 as a visiting professor at the Faculty of Law, University of Ghana, West Africa researching issues in intellectual property and development. Publications: Canadian Intellectual Property Law, (with David Lametti, Cameron Hutchison, Margaret-Anne Wilkinson, Graham Reynolds and Teresa Scassa), Toronto: Emond Montgomery, 2013, available at available at

Biotechnology and the Law (Gregory Hagen)

Internet Law (John Ramsay)

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http://emp.ca/canadian-intellectual-property-law-cases-andmaterials.html. ʺMerges on Just IP: Are IP Rights Basic?, forthcoming in Courtney Doagoo, Mistrale Goudreau, Madelaine Saginur, Teresa Scassa (Eds) Intellectual Property for the 21st Century, (Toronto: Irwin Law, 2013). Technological Neutrality in Canadian Copyright Law,ʺ in Michael Geist (Ed.), The Copyright Pentalogy (Ottawa: University of Ottawa Press, 2013). ʺSynthetic Biology Confronts Publics & Policymakers,ʺ Trends in Biotechnology (In Press, 2011) (with Tania Bubela and Edna Einsiedel) ʺISP Copyright Liability,ʺ in Michael Geist (Ed) From Radical Extremism to Balanced Copyright (Toronto: Irwin Law, 2010). ʺIs there Copyright Liability for torrent file searches?ʺ Canadian Intellectual Property Review, June, 2010. ʺPotency, Patenting and Preformation: The Patentability of Totipotent Cells in Canada,ʺ SCRIPTed: A Journal of Law, Technology and Society, Volume 5, Issue 2, 2008 December, pp. 515-552. ʺPatenting Part Human Chimeras, Transgenics and Stem Cells in the U.S., Canada and Europe,ʺ (with Sebastien Gittens), Richmond Journal of Law and Technology, Volume 14, Issue 11, 2008 March, 1-66. ʺLayered Rights: Robertson v. Thomson,ʺ Canadian Journal of Law and Technology, Volume 6 Number 1, March 2007, pp. 61-66. ʺCanadian Copyright Reform: P2P File Sharing, Making Available and the Three Step Test,ʺ University of Ottawa Journal of Law and Technology 3:2, 2006, pp. 447-516 (with Nyall Engfield). John Ramsay [adjunct] Biography: John T. Ramsay, Q.C., of the Alberta bar, has practised law since 1968, with a focus on advising technology companies. He is rated by Intellectual Asset Magazine as one of the 250 "World's Leading Patent & Technology Licensing Lawyers", by LEXPERT as one of Canada's 500 best lawyers, and recommended in the Canadian Legal Lexpert Directory, PLC Which Lawyer, and Best Lawyers in Canada as one of the best lawyers in this field. In 2010, he was granted Honorary Membership in the Licensing Executives Society (USA & Canada), Inc. in recognition of his contributions to that Society, and currently serves as a member of the Examination Review Committee of the Certified Licensing Professional Program established by the Licensing Executives Society. He now runs an independent law practice in Calgary. Publications: Intellectual Property Management - Best Practices, (Toronto: Lexis Nexis, 2013.)

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University of Manitoba IP Courses: Link (First Year): http://law.robsonhall.ca/course-information/course-descriptions/first-year Link (Second Year Only): http://law.robsonhall.ca/course-information/course-descriptions/second-year-only Link (Second or Third Year): http://law.robsonhall.ca/course-information/course-descriptions/second-or-third-year Link (Third Year Only): http://law.robsonhall.ca/course-information/course-descriptions/third-year-only Copyright Law (Michael Jason) This course is a practical study of copyright issues suitable for those interested in practising in the area of intellectual property and to highlight copyright issues facing all legal practitioners. The course has two components. The first is an overview and introduction to copyright law generally, together with an examination of new developments and current issues in copyright law. The second component is an intensive review of software licensing, copyright litigation, outsourcing and joint ventures together with a study of the interaction between copyright and commercial law, taxation, e-commerce and international trade. This course deals with two principal mechanisms for protecting intellectual property rights: Trade-marks, and Patents. Part I of the course covers Canada’s law of trade-marks which consists of the law of unregistered trade-marks, that is, the tort of Passing Off, and the statutory regime under the Trade-marks Act. Part II examines the protection of innovative products and processes under the Patent Act. Topics to be examined include the requirements for grant of a patent; subject-matter for a patent; and remedies for infringement of patents. Contemporary controversies relating to the patenting of living matter and life forms will be explored. IP Professors Bryan Schwartz Biography Teaching and Research Areas: Constitutional Law, Charter of Rights, International Law, Legislative Process, Labour-Management Relations, Internet & E-Commerce Law. LL.B. (Queen's) 1978, LL.M. (Yale) 1978, J.S.D. (Yale) 1986. Professor, University of Manitoba since 1987; Associate Professor, University of Manitoba, 1984-87; Assistant Professor, University of Manitoba, 1981-84. Chair, Constitutional Law Section, Canadian Bar Assoc. 1987-89. Ontario Bar (1981), Manitoba Bar (1984). Chair, Legal Research Institute, University of Manitoba, 1987 -present. Publications: Still Thinking. A Guide to the 1992 Constitutional Referendum (Voyageur Press, 1992). Opting In? The New Federal Proposals on the Constitution (Voyageur Press, 1992). First Principles, Second Thoughts, Inst. for Research on Public Policy, 1986.

Trademarks and Patents (Evaristus Oshionebo)

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Fathoming Meech Lake, Legal Research Inst. of the Univ. of Manitoba, 1987. Evaristus Oshionebo Biography Dr. Oshionebo is no longer faculty at the University of Manitoba, and currently teaches at the University of Calgary. Dr. Oshionebo's research focuses primarily on the law and policy governing extraction and mining of natural resources. His book, Regulating Transnational Corporations in Domestic and International Regimes: An African Case Study (Toronto: University of Toronto Press, 2009), examines the range of strategies for regulating transnational corporations in Africa's extractive industries. He has also written and published several articles on sustainable extraction of natural resources. In addition to his work on natural resources, Dr. Oshionebo researches and publishes on corporate responsibility, corporate governance, regulation of transnational corporations, sustainable development, intellectual property law, and international investment law. Publications: “The Protection of Famous and Well-Known Trade-marks in Canada: Have We Done Enough?" (2013) Asper Review of International Business and Trade Law. "International Patent Regime, HIV/AIDS Pandemic, and Access to Essential Medicines in Developing Countries", in David A. Frankel ed., International Law, Conventions and Justice (Athens, Greece: Athens Institute for Education and Research (ATINER), 2011) 239-254. Michael Jason Biography: Non Available. Sessional instructor.

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Universite de Montreal IP Courses: Propriété intellectuelle (Y. Gendreau) Droit des sciences biologiques (T. Leroux) Droit des biotechnologies avancé (T. Leroux) Propriété intellectuelle internationale (Y. Gendreau) Étude du droit canadien relatif aux marques de commerce, au droit d'auteur, aux dessins industriels, aux brevets et aux obtentions végétales. Aperçu des conventions internationales. Le rôle du droit face aux développements des sciences biologiques tels le développement des médicaments, les biotechnologies, la transplantation d'organe et l'euthanasie. Problèmes liés au développement et au contrôle des biotechnologies et de certaines techniques médicales, à l'innovation pharmaceutique, à la recherche scientifique. Capacité du droit à appréhender des réalités scientifiques et sociales mouvantes. Étude critique de problématiques de pointe en droit de la propriété intellectuelle. Brevabilité des systèmes experts; protection des langages informatiques; brevabilité du génome humain, etc. Droit d'auteur et NTIC.

Ysolde Gendreau

Biography: Ysolde Gendreau is professor at the Faculty of Law of the Université de Montréal since 1991 where she teaches intellectual property law and competition law. Her main field of expertise is copyright law, especially comparative and international issues. A graduate of McGill University (B.C.L., LL. B., LL. M.) and of the Université de Paris II (Ph. D., Law) she is a member of the Bar of Quebec. She has also taught at McGill University, Université de Paris II, Université de Paris XII, Université de Nantes, Université de Strasbourg III, Université de Lyon 2, University of Victoria (summer programme in Victoria and Oxford), University of San Diego (summer programme in Florence, Italy), and Monash University (Australia). She has published extensively, both in Canada and abroad, and among her more recent publications are contributions to two books she has edited: An Emerging Intellectual Property Paradigm – Perspectives from Canada (Cheltenham: Edward Elgar, 2008); Langues et droit d’auteur / Language and Copyright, (Montreal: Carswell & Brussels: Bruylant, 2009) (edited with A. Drassinower). She has been a member of the Patented Medicine Prices Review Board (1995-2000), President of ATRIP (Association for the Advancement of Teaching and Research in Intellectual Property) (2003-2005), and President of ALAI Canada (2006-2011). She is a member of the Executive Committee of ALAI and an associate member of the International Academy of Comparative Law, as well as a member of the Intellectual Property Institute of Canada (IPIC).

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Thérèse Leroux

Biography: Thérèse Leroux est professeur titulaire et chercheure au Centre de recherche en droit public de l'Université de Montréal depuis 2000. En prêt de services de 2001 à 2003, elle a assumé les responsabilités de Directeur du Bureau de l'éthique aux Instituts de recherche en santé du Canada. En 2003, elle a été conseillère spéciale au Président des Instituts de recherche en santé du Canada dans un dossier majeur, l'Initiative nationale sur l'usage approprié du placebo lors des essais cliniques au Canada. En plus des études en droit, madame Leroux a complété un baccalauréat en biologie et un certificat en psychologie des relations humaines à l'Université de Sherbrooke; elle détient un doctorat en biochimie médicale de l'Université Laval. Elle est à la fois membre de l'Ordre des chimistes et du Barreau du Québec. Associée à l'axe de recherche dédié aux Innovations biomédicales et au rapport avec le milieu, madame Leroux s'intéresse aux perspectives juridiques et éthiques de l'expérimentation chez l'humain de nouveaux médicaments, à la transplantation d'organes (allogreffe et xénotransplantation), aux zoonoses et à la santé publique, à la protection du public face aux produits issus des biotechnologies et à la préservation de la biodiversité. Pour la prochaine année, ses travaux sont groupés en trois thèmes: 1) Génomique et société : droits et responsabilité du chercheur quant au partage et à la rétention de l'information; 2) la xénotransplantation comme modèle pour illustrer l'opposition entre droits individuels et santé publique; 3) les pouvoirs et devoirs de l'État face à l'incertitude scientifique en matière d'environnement et de santé publique.

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University of New Brunswick IP Courses Link (Fall): http://www.unb.ca/fredericton/law/_resources/pdfs/currentstudents/coursesfall.pdf Link (Winter): http://www.unb.ca/fredericton/law/_resources/pdfs/currentstudents/courseswinter.pdf Intellectual Property (Norman V. Siebrasse) Introduction to law of intellectual property including aspects of copyright, patent, trademark, industrial design and confidential information. IP Professors Norman V. Siebrasse Biography: Professor Siebrasse clerked at the Supreme Court of Canada for the Honourable Madam Justice McLachlin during the 1991-1992 term and joined the Faculty in 1993. He was named University Research Professor in 2000. Professor Siebrasse teaches in the areas of intellectual property law, commercial law and remedies. His research interests focus on intellectual property law, in particular patent law, and topics at the intersection of commercial law and intellectual property law, such as security interests in intellectual property. His blog Sufficient Description comments on recent Canadian patent law cases, as well as selected cases from other jurisdictions. Publications: The Duty to Disclose "The Invention": The Wrong Tool for the Job, (2013) Intellectual Property Journal (forthcoming) SSRN. Patent Trolls and Business Method Patents, (2013) 54 Canadian Business Law Journal 38-67. The False Doctrine of False Promise, (2013) 29(1) Canadian Intellectual Property Review 3-56 SSRN. Patent Trolls and Business Method Patents, (2013) 54 Canadian Business Law Journal 38-67. Evidentiary Problems of Multidisciplinarity in the Litigation of Business Method Patents, in Evidentiary Problems in Intellectual Property for the 21st Century: Multidisciplinary Perspectives on Intellectual Property Law (Irwin Law, Toronto, forthcoming). “Secondary” Evidence of Obviousness is Not Secondary, (2012) 28 Canadian Intellectual Property Review 279-87 SSRN. Must the Factual Basis for Sound Prediction Be Disclosed in the Patent?, (2012) 28 Canadian Intellectual Property Review 39-80 SSRN. 2011 in Review: Patent Law, (2012) 24 Intellectual Property Journal 119 – 32. What is the State of the Art for the Purpose of an Obviousness Attack?, (2012) 27 Canadian Intellectual Property Review 385-94

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HGS v Lilly: How Soon Is Too Soon to Patent? (2011) 24 Intellectual Property Journal 41-52. The Rule Against Abstract Claims: A Critical Perspective on US Jurisprudence, (2011) 27 Canadian Intellectual Property Review 3 30 SSRN. The Rule Against Abstract Claims: History and Principles, (2011) 26 Canadian Intellectual Property Review 205 - 229 SSRN. The Structure of the Law of Patentable Subject Matter, (2011) 23 Intellectual Property Journal 169 - 204 SSRN. The Essential Elements Doctrine in Patent Infringement: Free World and Whirlpool in Light of Kirin-Amgen, (2011) 22 Intellectual Property Journal 223 - 250 SSRN. & Duff & Phelps Canada Limited Financial Litigation Support Group, Accounting of Profits in Intellectual Property Cases in Canada (monograph; updated version of 2008 article of the same name) & Duff & Phelps Canada Limited Financial Litigation Support Group, Damages Calculations in Intellectual Property Cases in Canada (monograph; updated version of 2008 article of the same name). Intellectual Property Protection for Higher Life Forms: Current Law and Policy Issues, (2010) 10 Integrated Assessment Journal 23 – 39. Interlocutory Injunctions and Irreparable Harm in the Federal Courts, (2010) 88 Canadian Bar Review 517 – 543. Alexander J. Stack, A. Scott Davidson, William C. Dovey, Andrew C. Harington and Stephen R. Cole, Damages Calculations in Intellectual Property Cases in Canada, 24 Canadian Intellectual Property Review 153 - 188 (2008). Alexander J. Stack, A. Scott Davidson, William C. Dovey, Andrew C. Harington and Stephen R. Cole, Accounting of Profits in Intellectual Property Cases in Canada, 24 Canadian Intellectual Property Review 83-136 (2008). Craik, N, K Culver, and —, Genetically Modified Crops and Nuisance: Exploring the Role of Precaution in Private Law, 27(3) Bulletin of Science, Technology & Society 202-214 (June 2007). and K Culver, The Experimental Use Defence to Patent Infringement: A Comparative Assessment 56 University of Toronto Law Journal 333-369 (2006). Patent Use, Intent and Remedy in Light of Monsanto v Schmeiser 22(1) Canadian Intellectual Property Review 453-494 (2005). Comment on Monsanto Canada Inc v Schmeiser, 83(3) Canadian Bar Review 967-992 (2005). The Innocent Bystander Problem in the Patenting of Higher Life Forms, 49(2) McGill Law Journal 349 - 392 (2004). A Remedial Benefit-Based Approach to the Innocent User Problem in the Patenting of Higher Life Forms, 20(1) Canadian Intellectual Property Review 79-134 (2004). Comparative Advertising, Dilution, and Section 22 of the Trade-marks

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Act, 18(1) Canadian Intellectual Property Review 277-335 (2001) A Property Rights Theory of the Limits of Copyright, 51(1) University of Toronto Law Journal 1-61 (2001) SSRN.

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University of Ottawa IP Courses Link: http://www.commonlaw.uottawa.ca/index.php?option=com_course&task=listCourses&Itemid=99999999&lang=en Intellectual Property Law (Prof. Elizabeth Judge) Intellectual property refers to “creations of the mind,” including literary and artistic expression (such as music, stories, paintings, sculpture, and film), symbols and images used in trade (such as logos), and inventions. Intellectual property law provides incentives and rewards to creators and inventors by protecting these intangibles and balances the interests of the public to enjoy them. This course will introduce intellectual property law from a Canadian perspective and in light of its policy objectives and origins. We will cover the substantive law of copyright, the protection of computer software, industrial designs, trade-marks and related competitive torts such as passing off and misappropriation of personality, confidential information, patents, and other forms of intellectual property rights (computer chips and plant varieties). The course will also discuss intellectual property theory and history, the enforcement and jurisdiction of intellectual property rights, and overlaps between intellectual property rights and provide an overview of international intellectual property. This course provides an introduction to intellectual and industrial property, including copyright, online protection issues, music and entertainment industries; trademarks, the torts of passing off and misappropriation of personality; patents, trade secrets, confidential information; as well as an overview of less known forms of intellectual property rights. The course covers Canadian and international perspectives and discusses the application of intellectual property law.

INTELLECTUAL PROPERTY LAW Aumand, Livia; Caron, Stéphane; Macramalla, Eric; Taubner, Reed (20132014) Caron, Stéphane; Galeano, Jennifer; Zakaib, Jay (2012-2013)

STUDIES IN INTERNATION AL LAW: International Law and Comparative Intellectual Property (*Bilingual course) Nabhan, Victor

This course consists of a presentation of the international legal framework of intellectual property law. In view of recent important and ongoing developments, main emphasis is put on Copyright. Shall be hence analysed the Berne Convention, Rome Convention, TRIPS Agreement, WCT (Wipo Copyright Treaty), WPPT (Wipo Performance and Phonograms Treaty) Beijing Treaty, Marrakech Treaty. Course will also focus on current “controversial” issues debated at international level, such as exceptions and the needs of educational institutions, access to information of the visually impaired, the adequacy of the current regime vis-à-vis the needs of developing countries and, if time allows, aboriginal peoples (protection of expressions of folklore, access to medicine, etc.). Implementation of international treaties by developing countries will be examined, and related practical issues will also be discussed with respect to a selected country: students will act as counsel to

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the authorities of this particular country and provide advice with respect to compliance of its legislation with international obligations. INTERDISCIPLI NARY STUDIES LAW: Intellectual Property and Human Rights Oguamanam Chidi The seminar on IP and Human Rights is part of the examination of specific topics of interest and importance pertaining to the interdisciplinary study of law. In this seminar some of the issues and questions we explore include the following: Does the protection of intellectual property rights help or hinder human rights goals? Where do human rights and intellectual property intersect and interact? What is the nature of that relationship? Can both human rights and intellectual property share common objectives? Do human rights have or ought to have primacy over intellectual property? How may the relationship between the two regimes be negotiated through international legal instruments and policies? What are the practical ramifications of the interface between intellectual property and human rights in the areas of internet and digital technology, access to medicines and health; food security and agriculture; access to knowledge and educational materials, and the multiple issues implicated in the rights of indigenous peoples? Overall, we explore the tensions between human rights and intellectual property. We attempt to think critically about the potential features of a normative framework of human rights and intellectual property. We reflect on the notion of a human rights impact assessment of intellectual property law and policy. This course focuses on written and oral advocacy skills applicable to intellectual property litigation. In addition, the course will include advanced discussions regarding Federal Court procedure, pre-trial, trial and appeal processes, as well as strategies and evidence related to intellectual property litigation. The law of patents both national and international. In addition to Canada, an introduction is provided for the laws of the United States, Europe and Japan. The procurement, licensing and enforcement of patents. This course will focus on the procurement, licensing and enforcement (litigation) of patents in Canada. It will also include a limited discussion of trade secrets, industrial designs, copyright, and competition law issues relating to patents. The historical development of patent laws in Canada, the United States and Europe and the international treaties (e.g. NAFTA, TRIPS) relating to patent law will also be discussed. This course will take a practical in-depth look at trade-marks law in Canada, with reference to international issues as well. Particular attention will be given to the prosecution and registration of trade-marks and the protection of trade-mark rights in Canada. Current issues in trade-marks law also will be discussed from a practice perspective. The class also will discuss domain names. Introduction to the law relevant to the commercialization of biotechnologies and pharmaceuticals, touching on issues relating to the legal use of and patentability of biotechnologies, pharmaceuticals and human tissue, trademarks and the pharmaceutical industry, trade secrets and plant breeder s rights, contractual issues particular to the working of biotechnologies. Review of selected topics relating to the protection of

INTEL. PROPERTY LITIGATION Crichton, Michael, Richard, Marc PATENT LAW Garland Steven, Ingram Colin

ADVANCED TRADEMARKS Profs. Bourne, Tim , Cooke, Peter BIOTECH., PHARM. AND INTEL. PTY Advanced Intellectual Property

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Practice Oliver, Philip , Marusyk, Randy Foundations of Intellectual Property Melendez Hiram

proprietary rights and their intersection with regulatory regimes and public policy issues in these fields of technology, such as the Patented Medicine Prices Review Board, data protection and the Patented Medecines (Notice of Compliance) Regulations. Description: With emphasis on Copyright Law, the course explores theoretical and policy foundations of major intellectual property doctrines. From an interdisciplinary standpoint we will look at theories of property, innovation policy, economic analysis as well as social and political theory as they inform current intellectual property law. In the end, the course will explore how multiple justifications coming from different methodological strands intersect to influence the law. As a theoretical exercise, the course does not attempt to replace basic intellectual property courses. Rather, the objective is to help students develop a general understanding of the field from a theoretical perspective. Seminar analyzing the legal challenges posed by the Internet to the traditional commercial legal framework. Topics include intellectual property issues including copyright, domain name disputes and the application of trademark law, online contracts, and Internet jurisdiction. The Intellectual Property Advocacy Practicum is an experiential learning pilot program giving students the practical skills and experiences they need to become successful intellectual property advocates - especially in administrative, trial or appellate courtrooms, but also in national legislative processes, international lawmaking forums, and even media or other public debates. The Practicum is centred upon closely supervised participation in two competitive moots, thanks to generous sponsorship from Ridout & Maybee LLP. Competing students’ experiences are enhanced with an organized series of seminars and workshops on specialized legal research, written advocacy skills, procedural rules and strategies, and oral presentation techniques. The practicum will also develop students’ collaboration and mentorship skills through extensive interaction with their peers, and build professional relationships through the involvement of members of the intellectual property bar. Practicum participants will be selected on the basis of competitive auditions at the beginning of the academic year. As you might expect from a class about digital music, we spend a lot of time during class listening to loud music, watching music videos and discussing music law issues. This seminar fundamentally depends on active participation from every student – if you aren’t willing to engage both in class and online, the class probably isn’t for you. I’ll usually explain core concepts in an introductory overview at the outset of each class, following which we’ll dive into details through peer group conversations and plenary class discussion. Often we’ll do exercises involving the interpretation of music industry contracts, or legal dissection of musical mashups, or moral debates about the legitimacy of music copying. Documentary films, guest speakers and similar methods add even more flavour to the classroom experience. Ottawa (week one) and Haifa (week two and three) Global Technology Law and Policy is an intensive three-week seminar that examines the development of global technology law policy. The

Regulation of Internet Commerce Geist, Michael Intellectual Property Advocacy Practicum de Beer, Jeremy

Digital Media & Music Law de Beer, Jeremy

GLOBAL TECHNOLOGY LAW AND

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POLICY Geist, Michael

course is a joint initiative of the University of Ottawa and the University of Haifa with ten students from each university participating. The first week of the course will be held in Ottawa with five classes focused on Internet governance, privacy, and intellectual property policy issues. Classes will also feature several guest lectures and academic site visits. Students will transfer after the first week to the University of Haifa, where classes will continue during weeks two and three with continuing classes focused on an examination of intellectual property policy development. Classes at Haifa will include guest lectures and trip to Jerusalem and Tel Aviv to meet with policy officials. Ce cours donne une vision d’ensemble et une compréhension des concepts fondamentaux, ainsi qu’une perspective critique du droit applicable aux marques de commerce, y compris les délits de commercialisation trompeuse et de «passing off»: au droit d’auteur et droits connexes, y compris leur application aux logiciels, bases de données et à l’Internet; aux secrets commerciaux et renseignements confidentiels; aux brevets d’invention et aux dessins industriels. Participated in 2012. IP Professors

CML3771 LE DROIT DE PRO. INTELLEC. Teresa Scassa

Harold G. Fox IP Moot

Stéphane Caron [adjunct]

Biography: Stéphane Caron is a partner in Gowlings' Ottawa office, practising in the intellectual property law department with an emphasis on copyright, trademarks and intellectual property litigation. Stéphane has extensive experience advising in contentious and noncontentious matters involving the management, protection and enforcement of intellectual property rights in Canada and internationally. He represents clients before the Federal Court of Canada, the Ontario Superior Court of Justice and the Trade-mark Opposition Board. Stéphane has taught intellectual property law at the University of Ottawa since 1998 and is also the Chair of the Intellectual Property Institute of Canada's Copyright Policy Committee. Publications: Canada and the United States: Differences in Copyright Law Canada is a party to the Berne Convention for the Protection of Literary and Artistic Works (Berne Convention). The Copyright Act governs copyright protection in Canada. It extends the same protection to both Canadian nationals and foreign nationals of... Canadian Government Reintroduces Copyright Modernization Act On September 29, 2011, the federal government introduced Bill C-11, An Act to Amend the Copyright Act, also known as the Copyright Modernization Act. The current bill is said to be identical to the prior Bill C-32, which was tabled in June 2010 after... Intellectual Property in Business Transactions A good understanding of the intellectual property rights (IPRs) transferred or licensed in a commercial transaction is fundamental in ensuring that the

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intellectual property dealt with in the transaction is properly transferred or licensed and is not... Copyright Year in Review, 2010 This past year saw several developments in copyright law, but the tabling of Bill C-32 has the potential to change the face of copyright in Canada. This article discusses highlights of Bill C-32, the Copyright Modernization Act , as well as other key... Bill C-32: Proposed Revisions to the Copyright Act On June 2, 2010 the federal government introduced Bill C-32 which addresses numerous issues that have arisen since the Copyright Act was last substantially revised in 1997, including challenges resulting from rapid advancements in digital and Internet... Jennifer Galeano Biography: Jennifer Galeano is a senior associate in Gowlings’ Ottawa intellectual property group, practising primarily in the area of trade-mark law. She has extensive experience in trade-mark clearance, prosecution, opposition and summary cancellation proceedings. Her practice also includes the enforcement of trade-mark rights against infringement. Jennifer represents clients before the Trademarks Opposition Board and the Federal Court. Jennifer is currently a committee member for the Intellectual Property Institute of Canada’s (IPIC) Domain names and Trade-marks on the Internet Committee. She is also a member of the International Trade-marks Association’s (INTA) Non-traditional Marks Committee (Canada). From 2008 -2013, she was a parttime professor at the University of Ottawa Faculty of Common Law, teaching trade-mark law Publications: No recent intellectual property-related articles. Jay Zakaib [adjunct] Biography: Jay Zakaïb is a partner in Gowlings' Ottawa office. Although Jay is a licensed patent agent, the primary focus of his practice deals with patent litigation, mainly in the life sciences, material sciences, petrochemical and agrifood industries, with particular emphasis on patent litigation for innovative pharmaceutical companies for small molecules, macromolecules, formulations, polymorphic and crystalline compositions, and novel uses for known compounds. Jay has represented numerous clients mainly before the Federal Court and the Federal Court of Appeal, as well as other courts. Jay has litigated the listing of patents on the Patent Register, and the enforcement of listed patents in Notice of Compliance proceedings. He has handled a variety of trade-mark litigation cases, and has advised several brand owners on enforcement issues for their trade-marks. Jay also advises clients on managing patent prosecution and regulatory requirements to secure appropriate patent enforcement. He is currently advising clients about protection of medicines with a focus on requirements for securing patent protection and data protection, and the requirements for approving subsequent entry biologics (SEBs).

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Prior to his legal studies, Jay worked as a chemical and process engineer for several microelectronic and assembly manufacturers, where his chemistry and engineering skills were applied to research and commercial scale manufacturing processes. Publications: Life Sciences & Law Current Issues 2013/14 Thank you for visiting our online Life Sciences & Law Current Issues edition for 2013-2014. The articles highlight trends and feature legal issues companies may face as they move through the company or product life cycle. Whether you’re an early, mid, or... Utility, Sound Prediction and Promise of the Patent In recent years, attacks on the lack of sound prediction and failure to meet the promise of the patent have proven to be a crushing hammer in the hands of those who challenge patents. This article considers the Canadian patent utility requirements that... Life Sciences & Law Current Issues 2012/13 This year’s Life Sciences & Law Current Issues features legal issues companies may face as they move through the life cycle for a life sciences and biotech company in Canada. From early-to mid-stage and on toward maturity, we look at intellectual... Key Developments in Canadian Patent Law in 2011 The following article summarizes several developments in Canadian patent law, including a brief summary of amendments to the Patent Rules. Summary The growing rift in patent law principles between patents for most technologies and patents for... Patent Validity Issues for Life Sciences Inventions: recent case review and strategies for protection and enforcement Webinar This webinar reviews recent cases on validity affecting life sciences patents and consequent claiming and enforcement strategies. Key topics include sufficiency of disclosure, considerations for utility, sound prediction, obviousness and selection, and... Court of Appeal Affirms Improper Selection Not a Ground of Invalidity The Federal Court of Appeal recently reversed a decision impeaching a selection patent and remitted to the Trial Division for consideration issues of utility and sufficiency as the Court found that the trial judge had failed to provide sufficient facts. The Limits of Application and Enforcement Originally published in Patent Focus 2005. Reproduced with permission. Steven Garland [adjunct] Biography: Steven Garland has 20 years of experience in intellectual property litigation of all types, including issues relating to patent, trade-mark, copyright, industrial designs, trade secrets and competition law. He has acted in many patent litigation matters that have involved a wide variety of subjects, including chemical, biochemical, biotechnological, telephony, mechanical and industrial matters. Mr. Garland has appeared as counsel in intellectual property cases at both the trial and appellate levels of the Federal Court of Canada, in the

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Ontario Superior Court and Court of Appeal, and before the Supreme Court of Canada. He also regularly appears before the Patent Appeal Board and the Trade-marks Opposition Board. He has also been retained as a mediator in intellectual property disputes. A representative list of some of the parties on whose behalf Mr. Garland has acted is provided below.    Publications: "Patentable subject matter" (co-authors: Daphne C. Lainson and Kevin K. Graham), Canadian Patent Law Benchbook 2012 "Software Patents Worldwide: Canada" (co-author: Colin B. Ingram), Software Patents Worldwide, Wolters Kluwer Law, September 2012 “Business-Method Patent Law in U.S., Canada, Seemingly in Synch” (co-author: Colin B. Ingram),Executive Counsel, August/September 2012 "More effective protection for pharmaceuticals" (co-author: Daphne C. Lainson), Intellectual Property Magazine, July/August 2012 "The Duty of Candour in Canada" (co-author: Cameron P. Weir), Canadian Intellectual Property Review, Vol. 27, No. 2 (December 2011), p. 219-256 "Canada and the duty of candour" (co-authors: Colin B. Ingram and Cameron P. Weir), Intellectual Property Magazine, November 2011 "Amazon.com's 'single action ordering' patent application and the patenting of 'business methods' in Canada" (co-authors: John R. Morrissey and Colin B. Ingram), CBA Business & Corporate Bulletin, March 2011 "An Update on the Scope of Patentable Subject Matter in Canada: The Amazon.com's "single action ordering" patent application and the patenting of "business methods" in Canada" (co-authors: Colin B. Ingram and John R. Morrissey), American Bar Association's LANDSLIDE magazine, May/June 2011 Chapter Update – "Global Patent Litigation: Canada" (co-author: Kevin Graham), Global Patent Litigation: Strategy and Practice, Wolters Kluwer Law, 2011 "Amazon single action ordering patent and the scope of patentable subject matter in Canada," Intellectual Property Magazine, February 2011 "Intellectual Property and Advisor/Client Privilege," AIPPI 2009 Seoul Intellectual Property International Conference, Seoul, South Korea, November 15, 2009 "Making IP Litigation in Canada More Attractive," Law360, August 7, 2009 "Privileged Communications Between IP Advisors and Clients: The Canadian Perspective and the AIPPI Treaty Proposal," AIPPI 41st World Intellectual Property Congress, Boston, September 6-11, 2008 "Intellectual Property Advisor-Client Privileged Communications: Canada and Other Jurisdictions," WIPO/AIPPI Conference on Client Privilege in Intellectual Property Professional Advice,

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Geneva, Switzerland, May 22 and 23, 2008 "The Right Dose: Update on the Canadian Patented Medicines (Notice of Compliance) Regulations and Data Protection for Pharmaceuticals in Canada" (co-authors: J. Sheldon Hamilton and Amelia Choi), Patent World, October 2007 "Recent Developments Lead to Changing Face (and Pace) of Patent Litigation in Canada," Patent World, 2007 "Pharma Litigation Continues to Drive Canadian Patent Law," The Guide to the World's Leading Law Practitioners (Canada), 2007 "Canada: Are Computer-Implemented Inventions Patentable?" World Focus: IP & High Technology, October 2006 "Global Patent Litigation: Canada" (co-author: Kevin K. Graham), Global Patent Litigation: Strategy and Practice, Wolters Kluwer Law, June 2006

Colin Ingram [adjunct]

Biography: Colin Ingram practices in the areas of patent prosecution in the electrical/electronics field, and intellectual property litigation. Mr. Ingram's litigation practice spans all areas of intellectual property with a particular focus on patent litigation, including pharmaceutical patent litigation. He has experience in both conventional litigation and litigation under the Patented Medicines (Notice of Compliance) Regulations. Mr. Ingram has also been heavily involved in leading Canadian cases on the scope of anti-trust claims relating to the use and acquisition of patent rights. He has appeared as counsel in intellectual property matters before the Ontario Superior Court of Justice, the Federal Court of Canada and the Supreme Court of Canada.        Publications: "Supreme Court of Canada: VIAGRA patent "void" for insufficient disclosure" (co-authors: J. Sheldon Hamilton and Gunars A. Gaikis), IP Update, November 2012 "Software Patents Worldwide: Canada" (co-author: Steven B. Garland), Software Patents Worldwide, Wolters Kluwer Law, September 2012 “Business-Method Patent Law in U.S., Canada, Seemingly in Synch” (co-author: Steven B. Garland),Executive Counsel, August/September 2012 "Liability for Infringement by Inducement" (co-author: Andrea C. Kroetch), Intellectual Property Journal, Volume XVII, No. 2, 2012 "Canada and the duty of candour" (co-authors: Steven B. Garland and Cameron P. Weir), Intellectual Property Magazine, November 2011 "Amazon.com's 'single action ordering' patent application and the patenting of 'business methods' in Canada" (co-authors: Steven B. Garland and John R. Morrissey), CBA Business & Corporate Bulletin, March 2011 "An Update on the Scope of Patentable Subject Matter in Canada: The Amazon.com's "single action ordering" patent application and the patenting of "business methods" in Canada" (co-authors: Steven B. Garland and John R. Morrissey), American Bar Association's

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LANDSLIDE magazine, May/June 2011 "Amazon single action ordering patent and the scope of patentable subject matter in Canada" (co-authors: Steven B. Garland and Cameron Weir) Intellectual Property Magazine, February 2011 "Federal Court Introduces Summary Trial Rules" (co-author: Daniel M. Anthony), IP Perspectives, Spring 2010; International Law Office Intellectual Property Newsletter, May 14, 2010 "Making IP Litigation in Canada More Attractive" (co-authors: Steven B. Garland and Jeremy E. Want), IP Law 360, August 7, 2009 "Federal Court Issues Practice Direction Aimed at Streamlining Complex Litigation," International Law Office Intellectual Property Newsletter, June 22, 2009 "Recent Developments Lead to Changing Face (and Pace) of Patent Litigation in Canada" (co-authors: Steven B. Garland and Jeremy E. Want), Patent World, December 2007/January 2008

Randy Marusyk [adjunct]

Biography: Randall Marusyk is a partner of the firm and has been certified as a specialist in all areas of Canadian Intellectual Property Law (Patent/Trademark/Copyright) by the Law Society of Upper Canada. Randall specializes in designing strategic intellectual property portfolios in light of clients’ business and marketplace needs. He has extensive experience in drafting and prosecuting a variety of patent applications before the Canadian and United States Patent Offices as well as coordinating their prosecution worldwide. Randall has particular expertise in drafting and prosecuting a wide range of patentable technologies, bioinformatics, business methods, medical devices, medical equipment, gaming, consumer product, personal care products and environmental products. He also designs and oversees client litigation strategies for patent, trademark and copyright cases before the Federal Court of Canada as well as provincially based Superior Courts. He has extensive experience in negotiating and drafting complex licensing, research & development, and other technology related agreements. In addition, Randall coordinates the firm’s IP audit team, which evaluates the status and strength of an IP portfolio and provides clients with advice with respect to strategy, IP aspects of mergers and acquisitions. Randall is a Registered Canadian Patent and Trademark Agent as well as a Registered U.S. Patent Agent. He is a founding member of the firm and serves on the firm’s Board of Directors. In addition to being on the Editorial Board of the Biotechnology Law Report, he has published dozens of articles on intellectual property law. Randy also teaches a course entitled “Biotechnology, Pharmaceuticals and Intellectual Property” in the Faculty of Law of the University of Ottawa and has lectured at the Franklin Pierce Law Center. Publications: No recent intellectual property-related articles.

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Aumand, Livia [adjunct]

Biography: Livia Aumand is an associate in Gowlings’ Ottawa office, practising in the Intellectual Property department. Her practice focuses particularly on patent litigation, including Patented Medicines (Notice of Compliance) applications. Livia has worked for several innovative pharmaceutical manufacturers dealing with patents for small molecules. Livia returns to the Firm after having clerked for the Honourable Chief Justice John Richard of the Federal Court of Appeal and after earning her Masters in law at Oxford. She was a student at Gowlings during the summers of 2006 and 2007. Prior to law, Livia performed laboratory research in synthetic organic chemistry. Publications: Court of Appeal Tempers "Promise of the Patent" Doctrine On July 24, 2013, the Federal Court of Appeal overturned the 2011 trial decision that had invalidated sanofi’s patent for the blockbuster drug Plavix® (clopidogrel bisulfate) ( sanofi-aventis v. Apotex Inc. , 2013 FCA 186). In concurring sets of reasons,... Remedies in the Federal Court In this presentation, Arthur Renaud and Livia Aumand address remedies in the Federal Court. Some of the topics covered are: Remedies providing immediate relief Disposition short of trial Equitable relief at/after trial Legal remedies at/after trial View... Gilead Appeal Further Undermines Patent Listing Eligibility under the PM(NOC) Regulations On October 9, 2012, the Federal Court of Appeal issued its decision in Gilead Sciences Canada Inc. v. Canada (Minister of Health), which has further limited the eligibility for listing a patent on the Patent Register maintained by the Minister of Health... Case Summary: Bristol-Myers Squibb Canada Co. et al v. Mylan Pharmaceuticals ULC et al , 2012 FC 1142 (September 27, 2012) – efavirenz – PM(NOC) case This proceeding brought by Bristol-Myers Squibb Canada Co. and Merck Sharpe & Dohme Corp. (“Applicants”) under the Patented Medicines (Notice of Compliance) Regulations dealt with two patents related to the Applicants’ SUSTIVA (efavirenz) product.... Extending recent promised utility doctrine beyond pharmaceutical and chemical cases On January 30, 2012, the Federal Court released its decision in Eurocopter v. Bell Helicopter Textron Canada Limitée (“Bell”) (2012 FC 113) . It held one claim of the patent was valid and infringed. The patent relates to a skid-type landing gear for... IP Litigation: PM(NOC) Litigation Update Webinar This session provides an overview of the Patented Medicines (Notice of Compliance) Regulations and their impact on litigation strategies. The presenters examine recent industry trends and Court decisions with regards to the Regulations and highlight... Case Summary: Apotex Inc. v. Pfizer Canada Inc., 2011 FCA 236, latanoprost

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(NOC decision appeal) – August 17, 2011 In this decision under the Patented Medicines (Notice of Compliance) Regulations , the Federal Court of Appeal set aside the applications judge’s order prohibiting the issuance of a NOC to Apotex for the medicine... Jeremy de Beer Biography: Jeremy de Beer is an Associate Professor in the Faculty of Law at the University of Ottawa, working on technological innovation, intellectual property and international trade and development. Many of his refereed publications on intellectual property issues relating to innovation and creativity appear in top-ranked journals recognized across the disciplines of law, business, communications and political science. He has authored numerous other papers, studies and commissioned reports, and published four books, including most recently, Access to Knowledge in Africa: The Role of Copyright. He is a frequent public speaker at invited lectures, conferences and other events in Canada, the United States, Europe, Asia, and Africa. Professor de Beer teaches multidisciplinary seminars on intellectual property policy, the digital music business, and sustainable international development, and an introduction to the fundamentals of property law. Academic qualifications include a graduate degree in law from the University of Oxford and undergraduate degrees in business and in law from the University of Saskatchewan. He is also a practicing lawyer and consultant to technology companies, creator groups, law firms, think tanks, governments and international organizations. After working at MacLeod Dixon LLP and clerking at the Federal Court of Appeal, he was legal counsel to the Copyright Board. He has appeared in court as counsel before the Federal Court of Appeal and, most recently, in a series of landmark copyright cases before the Supreme Court of Canada. Publications: (a) Books authored/edited J. de Beer, C. Armstrong, C. Oguamanam, & T. Schonwetter, The Collaborative Dynamics of Innovation and Intellectual Property in Africa (Cape Town: UCT Press, forthcoming 2013 (in press)). C. Armstrong, J. de Beer, D. Kawooya, A. Prabhala, & T. Schonwetter, eds, Access to Knowledge in Africa: The Role of Copyright (Cape Town: Juta 2010), 356 pages, translated as “L’Accès au Savoir en Afrique: Le Rôle du Droit d’Auteur” (Laval: Presses de l’Université Laval, 2012), reviewed by C. May, (2011) 110:441 African Affairs 664. J. de Beer, Implementing the World Intellectual Property Organization’s Development Agenda (Waterloo: Wilfrid Laurier University Press/Centre for International Governance Innovation/International Development Research Centre, 2009), 184 pages, reviewed by H. Budge-Reid, (2009) IQsensato online: <http://iqsensato.org>, and also reviewed by E. Kwakwa, (2010) 16:1 Canadian Foreign Policy 51. B. Ziff, J. de Beer, D. Harris, and M. McCallum, eds, A Property Law Reader: Cases, Questions and Commentary, 3d ed (Markham: Carswell, 2012), 994 pages.

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(b) Refereed journal articles 1. J. de Beer, “Implementing International Trade Agreements in Federal Systems: A Look at the Canada-E.U. CETA’s Intellectual Property Issues” (2011) 38:4 Legal Issues of Economic Integration 51-71. 2. J. de Beer & C. Brusnyk, “Intellectual Property and Biomedical Innovation in the Context of Canadian Federalism” (2011) 19 Health Law Journal 4582. 3. J. de Beer & M. Bouchard, “Canada’s ‘Orphan Works’ Regime: Unlocatable Copyright Owners and the Copyright Board” (2010) 10.2 Oxford University Commonwealth Law Journal 213-254. 4. J. de Beer & S. Bannerman, “Foresight into the Future of WIPO’s Development Agenda” (2010) 2 World Intellectual Property Organization Journal 225-250. 5. J. de Beer, “La Commission du Droit d’Auteur du Canada: Vingt Années à ‘Faire’ l’Histoire Juridique” (2010) Vol. 22, nº 3 Les Cahiers de propriété intellectuelle 593-627, also published as “Twenty Years of Legal History (Making) at the Copyright Board of Canada”, (2011) in The Copyright Board of Canada: Bridging Law and Economics for Twenty Years (Cowansville, Qc: Éditions Yvon Blais, 2011). 6. J. de Beer & K. Andrews, “Accounting of Profits to Remedy Biotechnology Patent Infringement” (2010) 47:4 Osgoode Hall Law Journal 619-662. 7. J. de Beer, T. Schonwetter, D. Kawooya & A. Prabhala, “Copyright and Education: Lessons on African Copyright and Access to Knowledge” (2009-2010) 10 The African Journal of Information and Communications 37-52. 8. J. de Beer & R. Tomkowicz, “Exhaustion in Canadian Intellectual Property Law” (2009) 25 Canadian Intellectual Property Review 3-31. 9. J. de Beer & C. Clemmer, “Global Trends in Online Copyright Enforcement: A Non-Neutral Role for Network Intermediaries?” (2009) 49(4) Jurimetrics 375-409. 10. J. de Beer, “Legal Strategies to Profit from Peer Production” (2008) 46:1 Canadian Business Law Journal 269-91. (c) Refereed book chapters 1. J. de Beer & D. Albahary, “Traditional Knowledge Governance Challenges in Canada,” in M. Rimmer, ed, Research Handbook on Indigenous Intellectual Property (Edward Elgar, forthcoming 2014 (accepted)). 2. J. de Beer & C. Oguamanam, “Open Minds: Lessons on Intellectual Property, Innovation and Development from Nigeria,” in M. Smith and K. Reilly, eds, Open Development: Networked Innovations in International Development, (Cambridge, MA: MIT Press, forthcoming 2014 (in press)). 3. J. de Beer, “Mapping the Outcomes of Multidisciplinary Intellectual Property Research: Lessons from the African Copyright Experience,” in T. Scassa et al, eds, Intellectual Property for the 21st Century: Multidisciplinary Perspectives on Intellectual Property Law (Toronto: Irwin Law, forthcoming 2013 (in press)). 4. J. de Beer & S. Bannerman, “Access to Knowledge as a New Paradigm for Research on ICTs and Intellectual Property Rights,” in H. Emdon, L. Elder, B. Petrazzini and R. Fuchs, eds, Taking Digital Stock: The Role of Information Communication Technologies in International Development

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(Ottawa: IDRC/Earthscan, forthcoming 2013 (in press)). 5. J. de Beer, C. Oguamanam & T. Schonwetter, “Innovation, Intellectual Property and Development Narratives in Africa” in J. de Beer et al, eds, The Collaborative Dynamics of Innovation and Intellectual Property in Africa (Cape Town: UCT Press, forthcoming 2013 (in press)). 6. J. de Beer, I. Sowa & K. Holman, “Frameworks for Analysing African Innovation: Entrepreneurship, the Informal Economy and Intellectual Property” in J. de Beer et al, eds, The Collaborative Dynamics of Innovation and Intellectual Property in Africa (Cape Town: UCT Press, forthcoming 2013 (in press)). 7. J. de Beer, C. Armstrong, C. Oguamanam & T. Schonwetter, “Current Realities of Collaborative Intellectual Property in Africa” in J. de Beer et al, eds, The Collaborative Dynamics of Innovation and Intellectual Property in Africa (Cape Town: UCT Press, forthcoming 2013 (in press)). 8. J. de Beer, “Copyright Royalty Stacking,” in M. Geist, ed, The Copyright Pentalogy: How the Supreme Court of Canada Shook the Foundations of Canadian Copyright Law (Toronto: Irwin Law, 2013). 9. J. de Beer, “New Forms of Governance for Digital Orphans: Copyright Litigation, Licenses and Legal Information” in M. Burri and T. Cottier, eds, Trade Governance in the Digital Age, (Cambridge: Cambridge University Press, 2012). 10. J. de Beer, “Defining WIPO’s Development Agenda” in J. de Beer, ed, Implementing the World Intellectual Property Organization’s Development Agenda (Waterloo: WLU Press/CIGI/IDRC, 2009), p. 1-23. (d) Scholarly working papers and commentaries J. de Beer & M. Burri, “Transatlantic Copyright Comparisons: Making Available via Hyperlinks in the European Union and Canada” World Trade Institute NCCR Working Paper No. 2013/22 (August 2013). 2. J. de Beer, K. Fu & S. Wunch-Vincent, “The Informal Economy, Innovation and Intellectual Property – Concepts, Metrics and Policy considerations,” WIPO Economics Working Paper No. 10, 2013. 3. J. de Beer & C. Oguamanam, “Intellectual Property Training and Education: A Development Perspective” ICTSD Programme on IPRs and Sustainable Development Issue Paper No. 31 (Geneva: ICTSD, 2010). 1. (e) Commissioned studies, reports, briefs, and other materials J. de Beer, “Digital Property Rights,” Materials Prepared for the National Judicial Institute’s 2013 Civil Law Seminar (Ottawa: National Judicial Institute, 2013) (commissioned materials). 2. Factum submitted by J. de Beer & D. Fewer to the Supreme Court of Canada (17 November 2011) as interveners on behalf of the SamuelsonGlushko Canadian Internet Policy and Public Interest Clinic (CIPPIC) in the case of Entertainment Software Association (ESA) v Society of Composers, Authors and Music Publishers of Canada (SOCAN), Court File No.: 33921 / 33922. 3. Factum submitted by J. de Beer & D. Fewer to the Supreme Court of Canada (22 November 2011) as interveners on behalf of the SamuelsonGlushko Canadian Internet Policy and Public Interest Clinic (CIPPIC) in the case of Re:Sound v Motion Picture Theatre Association of Canada (MPTAC), Court File No.: 34210. 1.

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J. de Beer, E. R. Gold & M. Guaranga, “Intellectual Property Management: Policy Issues and Options” Genomics, Public Policy and Society Policy Brief No. 4 (Ottawa: Genome Canada, August 2011). 5. J. de Beer, “Intellectual Property Issues for Trade Commissioners” (Ottawa: Canadian Intellectual Property Office and Foreign Affairs and International Trade Canada, 2010) (commissioned materials). 6. J. de Beer & M. Bouchard, “Canada’s ‘Orphan Works’ Regime: Unlocatable Copyright Owners and the Copyright Board” (Ottawa: Copyright Board of Canada and Department of Canadian Heritage, 2010) (commissioned study). 7. J. de Beer, “Patent Infringement Remedies Have Limited Effects” VALGEN Policy Brief No. 14 (November 2010). 8. C. Armstrong, J. de Beer, D. Kawooya, A. Prabhala, & T. Schonwetter, Comparative Review of Research Findings: Copyright and Access to Knowledge in Eight African Countries (Cape Town: The Shuttleworth Foundation, 2010). J. de Beer, “Intellectual Property Rights” in Global Information Society Watch (Association for Progressive Communications/Third World Institute/Humanist Institute for Development Cooperation, 2009). 9. J. de Beer, “Fair Dealing for Filmmakers: A Report on User Rights for Documentary Filmmakers in Canada” in Copyright & Documentary Film in the Commonwealth: Legal Scholar Reports from Six Countries, (Washington, D.C.: American University, 2009). 10. J. de Beer (for the African Copyright and Access to Knowledge (ACA2K) Project), Methodology Guide (Cape Town: The Shuttleworth Foundation, 2008). J. de Beer, “Copyright and Innovation in the Networked Information Economy” (Ottawa: Conference Board of Canada, 2008) (commissioned study). 4. (f) Media and periodical commentaries 1. J. de Beer, “New Directions for Biotech Infringement Remedies” The Lawyers Weekly (7 May 2010). 2. J. de Beer, “Where do Creators fit in the Commotion about Copyright?” Vol. 12:1 (Fall 2009/Winter 2010) Canadian Screenwriter 23-24. 3. J. de Beer, “Patent Rulings on Disclosure will spawn Litigation, not Innovation” The Lawyers Weekly (18 September 2009). 4. J. de Beer, “Respect and Reality are Keys to Reform” National Post (Thursday, 6 August 2009). 5. “The Download Decade: Law Prof takes Questions on Copyright Reforms” Globe and Mail (Wednesday, 20 May 2009). 6. J. de Beer, “The Pitfalls of Licensing Deals” Globe and Mail (Monday, 17 February 2009). 7. “So What’s in the New Copyright Bill” Globe and Mail (Wednesday, 18 June 2008). 8. J. de Beer, “Canada’s New Copyright Bill: More Spin than ‘Win-Win’” National Post (Monday, 16 June 2008). J. de Beer, “Profiting from Peer Production” (2008) 5.1 TechLaw 11-15.

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Crichton, Michael [adjunct]

Biography: Michael Crichton is a partner in Gowlings' Ottawa office. Michael practises primarily in the area of intellectual property litigation, with an emphasis on patent litigation covering a wide range of technologies, including mechanical, electrical, manufacturing/ fabrication, communications, computer hardware and software and related technologies. As well, he regularly acts for clients involved in disputes concerning complex trade secrets and software copyright enforcement. Recognized in The Best Lawyers in Canada 2014 for intellectual property law, Michael has appeared as trial counsel in a number of patent litigation proceedings and is an advocate before the Federal Court, the Federal Court of Appeal and the Ontario Superior Court of Justice. In addition to courtroom experience, he regularly represents and advises clients at mediation proceedings and throughout settlement negotiations. Michael is also experienced with respect to Canada/U.S. cross-border intellectual property litigation and related matters. As a registered Canadian patent agent and member of the High Tech Patent Group of Gowlings’ Ottawa office, Michael's practice also focuses on patent drafting and prosecution, and opinion preparation regarding patent infringement and validity issues. Michael is currently an adjunct professor of intellectual property litigation (and previously an adjunct professor of patent law) at the University of Ottawa, the chair of the Ottawa chapter of the Licensing Executives Society, a Fellow of the Intellectual Property Institute of Canada and the editor-in-chief of Gowlings' IP Report. Publications: Court Grants Largest Patent Infringement Damages Award in Canadian History On July 16, 2013, the Federal Court released its decision granting the largest award of damages for patent infringement in Canadian history. In Merck & Co., Inc. v. Apotex Inc. (2013 FC 751) (“ Merck ”), Justice Snider found that Merck is entitled to over... Patents Year in Review 2012 This article summarizes the most noteworthy Canadian patent law decisions of 2012. 1. Viagra : Supreme Court Addresses Sufficiency of Disclosure In 2012, the Supreme Court of Canada handed down its landmark decision clarifying the law of sufficient... Summary Trials of IP Cases Gaining Traction in the Federal Court of Canada On December 10, 2009, rules 213-219 of the Federal Courts Rules (the Rules) were amended to introduce summary trials as a new tool for disposition of cases prior to a full-blown trial. The aim of the new summary trials was to promote efficient, and... Intellectual Property in Business Transactions A good understanding of the intellectual property rights (IPRs) transferred or licensed in a commercial transaction is fundamental in ensuring that the intellectual property dealt with in the transaction is properly transferred or licensed and is not...

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Key Developments in Canadian Patent Law in 2010 Co-authored by Christopher C. Van Barr and Michael Crichton The authors wish to acknowledge the contribution of Tushar Tangri, student-at-law, in the preparation of this article. Over the past year, patent law in Canada has continued to evolve in... Obviously Different: Technological Divergences and the Spectrum of Obviousness This article sets out the basic principles pertaining to the obviousness inquiry, including the recent developments stemming from the Supreme Court of Canada’s pronouncement on the issue. In particular, the article considers post-Sanofi-Synthelabo case... Canada Adopts the Anticipated Profits Approach for Calculating a Reasonable Royalty Rate Under the Patent Act, a successful plaintiff may be entitled to compensation arising from two distinct periods: (1) after patent grant; and (2) before patent grant, but after publication. With respect to the former, courts have quantified and awarded... Richard, Marc [adjunct] Biography Marc Richard is a partner in Gowlings' Ottawa office, practising in the areas of patents, trade-marks and copyright, with a particular focus on pharmaceutical patent litigation. Marc appears regularly as an advocate before the Federal Court and has presented before the Federal Court of Appeal, the Ontario Superior and Divisional Courts, and the Trade-Marks Opposition Board. Marc has represented clients in patent infringement trials, applications under the Patented Medicines (Notice of Compliance) Regulations, judicial review proceedings and domain name disputes. He also advises clients on regulatory and administrative law matters relating to pharmaceuticals. In addition, Marc assists clients in the prosecution of trade-mark applications and in trade-mark opposition proceedings. Marc has a background in biochemistry and has experience working in molecular biology laboratories. Marc is a part-time professor at the University of Ottawa Faculty of Common Law and has lectured in patent law, Federal Court practice and intellectual property litigation Publications: Life Sciences & Law Current Issues 2013/14 Thank you for visiting our online Life Sciences & Law Current Issues edition for 2013-2014. The articles highlight trends and feature legal issues companies may face as they move through the company or product life cycle. Whether you’re an early, mid, or... Patented Medicines (Notice of Compliance) Listing Update Listing a patent on the Patent Register maintained by the Minister of Health is the gateway through which an innovator gains access to the provisions of the Patented Medicines (Notice of Compliance) Regulations ( PMNOC Regulations ). This update examines...

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Supreme Court of Canada Addresses Sufficiency of Patent Disclosure The Supreme Court of Canada has unanimously overturned decisions of the Federal Court and Federal Court of Appeal, and held, in the context of proceedings under the Patented Medicines (Notice of Compliance) Regulations [ PM(NOC) Regulations ], that... Life Sciences & Law Current Issues 2012/13 This year’s Life Sciences & Law Current Issues features legal issues companies may face as they move through the life cycle for a life sciences and biotech company in Canada. From early-to mid-stage and on toward maturity, we look at intellectual... Meléndez Juarbe, Hiram [visiting, University of Puerto Rico] Biography Born in San Juan, Puerto Rico, in 1976. Mr. Meléndez-Juarbe holds a BA from the University of Puerto Rico, Río Piedras (1997) and a JD, from the University of Puerto Rico Law School (2000). He earned a Masters in Law from Harvard Law School, 2002 (coursework in Constitutional Law, Civil Rights litigation, Legal Theory and History), and a Masters in Law from New York University Law School, 2008 (coursework in Intellectual Property, Innovation Policy, Art Law, Entertainment Law, Cyberlaw). Mr. Meléndez-Juarbe holds a JSD (2013) from New York University where he did research on copyright law and information technology. Professional Experience Mr. Meléndez-Juarbe has a unique professional makeup comprised of private and public consulting experience in such diverse areas as Trademark, Copyright, Privacy and general Internet law and policy, commercial litigation, Constitutional Law, Administrative Law and Civil Rights, among others. In 2000-2001 he worked as Law Clerk to then Associate Justice, now Chief Justice, of the Puerto Rico Supreme Court, Hon. Federico Hernández Denton. In 2002 he joined the Office of the Solicitor General of Puerto Rico, conducting government appellate litigation before the US Court of Appeal for the First Circuit, the Supreme Court of Puerto Rico, and the PR Appellate Court. In 2003 he became Professor at the University of Puerto Rico Law School, where (currently as Associate Professor) he teaches copyright law, Internet law, constitutional law, privacy and technology law, First Amendment and administrative law. His academic legal writings have been published in the United States, Europe, Latin America and Puerto Rico and his recent article, DRM Interoperability, XV B.U. J. Sci. Tech. L 181 (2009), was selected as one “of the most important and timely articles on computers, technology, and the law” of 2009 by the Rutgers Computer and Technology Law Journal. While in academia, Mr. Meléndez-Juarbe has been involved in civil litigation and has provided legal advice and consultation to clients in private and public sectors in civil law, intellectual property, law and technology, constitutional law, administrative law and public policy. As a Special Advisor to the Secretary of Justice of Puerto Rico on constitutional law and policy, in 2006 he was appointed Puerto Rico’s representative to the Governmental Advisory Committee of the Internet Corporation for Assigned Names and Numbers, an international organization incharge of administering the Internet’s Domain Name System, establishing and implementing global Internet policy. In 2006 he founded and directed the UPR’s Cyberlaw Clinic, advising clients

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on legal affairs occurring in a digitally connected context and has advised clients and litigated domain name issues before the World Intellectual Property Organization. In 2007, Mr. Meléndez-Juarbe cofounded and is currently colegal lead of the Puerto Rico chapter of Creative Commons, an international organization providing open copyright licenses and other digital legal tools to creators. He is a member of the Executive Committee of the Internet and Computer Law Section of the American Association of Law Schools; member of the Puerto Rico Bar Association Intellectual Property Commission; Board of Advisors Member of the Puerto Rico Business Law Journal; and is admitted to the practice of law in the Commonwealth of Puerto Rico, the Puerto Rico Federal District Court and the US Court of Appeal for the First Circuit. Publications:  DERECHO AL DERECHO: INTERSTICIOS Y GRIETAS DEL PODER JUDICIAL EN PUERTO RICO (WITH ÉRIKA FONTÁNEZ TORRES) (EDITORA EDUCACIÓN EMERGENTE, 2012) (ENGLISH TITLE: DERECHO AL DERECHO: CRACKS AND INTERSTICES IN PUERTO RICO’S JUDICIAL BRANCH) INTERMEDIARIOS Y LIBERTAD DE EXPRESIÓN: APUNTES PARA UNA CONVERSACIÓN (2012), Centro de Estudios en libertad de Expresión y Acceso a la Información, Universidad de Palermo, Buenos Aires (ENGLISH TITLE: INTERMEDIARIES AND FREEDOM OF SPEECH: NOTES FOR A CONVERSATION) TECNOPOLÍTICA Y DERECHOS DE AUTOR, at EL CONSTITUCIONALISMO EN TRANSICIÓN (2011) (ENGLISH TITLE: TECHNOPOLITICS AND COPYRIGHT LAW) CREATIVE COPYRIGHT FOR CREATIVE BUSINESS, 1 UPR BUSINESS L. J. 137 (2010) DRM INTEROPERABILITY, XV B.U. J. SCI. TECH. L 181 (2009) EL MENOSPRECIO COMO OBJETIVO CONSTITUCIONALMENTE ILEGÍTIMO: LA CONSTITUCIONALIDAD DE LA LEY 54 DESPUÉS DE PUEBLO V. LEANDRO RUIZ MARTÍNEZ; 1.09 INDRET CONSTITUCIONAL 594 (2009) (ENGLISH TITLE: DISPARAGEMENT AS A CONSTITUTIONALLY ILLEGITIMATE OBJECTIVE) PRIVACY IN PUERTO RICO AND THE MADMAN’S PLIGHT: DECISIONS, 9 GEORGETOWN J. GEN. & L. 1 (2008) LA CONSTITUCIÓN EN CEROS Y UNOS: UN ACERCAMIENTO DIGITAL AL DERECHO A LA INTIMIDAD Y LA SEGURIDAD PÚBLICA, 77 REV. JUR. UPR 45 (2008) (ENGLISH TITLE: THE CONSTITUTION IN ZEROS AND ONES: A DIGITAL APPROACH TO PRIVACY AND SECURITY)

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CREATIVE COMMONS PUERTO RICO Y LA AGENDA DE CONTENIDO LIBRE, 69 REVISTA COLEGIO ABOGADOS DE PR 151 (2008) (ENGLISH TITLE: CREATIVE COMMONS PUERTO RICO AND THE OPEN CONTENT AGENDA) DERECHO CONSTITUCIONAL, 75 REV. JUR. UPR 29 (2006) (ENGLISH TITLE: CONSTITUTIONAL LAW (PR Supreme Court Review)) DERECHO ADMINISTRATIVO, 74 REV. JUR. UPR 531 (2005) (ENGLISH TITLE: ADMINISTRATIVE LAW (PR Supreme Court Review)) DERECHO ADMINISTRATIVO, 73 REV. JUR. UPR 509 (2004) (ENGLISH TITLE: ADMINISTRATIVE LAW (PR Supreme Court Review)

Bourne, Timothy [adjunct]

Biography Tim clerked with a judge of the Federal Court after completing a LL.B. at the University of Victoria in 1998 and B.Sc. at McMaster University in 1993. Tim joined the firm in 2001. Since then, Tim has represented the firm’s clients in patent, trade-mark and industrial design disputes before administrative tribunals and the Federal Court. Tim actively searches for opportunities to resolve disputes in a creative yet pragmatic manner that addresses our clients’ business goals. Tim’s experience resolving disputes influences the strategic advice that he provides to our clients during the prosecution of patent, trademark and industrial design applications. Tim also has a special interest in the enforcement of trade-mark rights in the domain name context and online. Tim adjudicates .ca domain name disputes under the Canadian Internet Registration Authority’s Dispute Resolution Procedure. Publications: J.M. Fuhrer, and T.C. Bourne, "The Draft Intellectual Property Security Act Revisited" in H.P. Knopf, ed., Security Interests in Intellectual Property (Toronto: Thompson Canada Limited, 2002), c.5 Bourne, Tim, "Electronic Filing Can Save You Both Time and Aggravation (An Ottawa IP Lawyer Looks at a New e-filing Initiative at the Federal Court)", The Lawyers Weekly, February 10, 2006.

Michael Geist

Biography: LL.B. (Osgoode), LL.M. (Cambridge), LL.M. (Columbia), J.S.D. (Columbia), Canada Research Chair in Internet and E-commerce Law Dr. Michael Geist is a law professor at the University of Ottawa where he holds the Canada Research Chair in Internet and E-commerce Law. He has obtained a Bachelor of Laws (LL.B.) degree from Osgoode Hall Law School in Toronto, Master of Laws (LL.M.) degrees from Cambridge University in the UK and Columbia Law School in New York, and a Doctorate in Law (J.S.D.) from Columbia Law School. Dr. Geist is a syndicated columnist on technology law issues with his regular column appearing in the Toronto Star and the Ottawa Citizen. Dr. Geist is the editor of several copyright books including The Copyright Pentalogy: How the Supreme Court of Canada Shook the

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Foundations of Canadian Copyright Law (2013, University of Ottawa Press), From "Radical Extremism" to "Balanced Copyright": Canadian Copyright and the Digital Agenda (2010, Irwin Law) and In the Public Interest: The Future of Canadian Copyright Law (2005, Irwin Law). He is also the editor of several monthly technology law publications, and the author of a popular blog on Internet and intellectual property law issues. Dr. Geist serves on many boards, including the CANARIE Board of Directors, the Canadian Legal Information Institute Board of Directors, the Privacy Commissioner of Canada’s Expert Advisory Board, the Electronic Frontier Foundation Advisory Board, and on the Information Program Sub-Board of the Open Society Institute. He has received numerous awards for his work including the Kroeger Award for Policy Leadership and the Public Knowledge IP3 Award in 2010, the Les Fowlie Award for Intellectual Freedom from the Ontario Library Association in 2009, the Electronic Frontier Foundation’s Pioneer Award in 2008, Canarie’s IWAY Public Leadership Award for his contribution to the development of the Internet in Canada and he was named one of Canada’s Top 40 Under 40 in 2003. In 2010, Managing Intellectual Property named him on the 50 most influential people on intellectual property in the world and Canadian Lawyer named him one of the 25 most influential lawyers in Canada in 2011, 2012, and 2013. The Social Sciences and Humanities Research Council of Canada awarded him the inaugural Connection Impact Award for the impact of his copyright research on public policy. More information can be obtained at http://www.michaelgeist.ca. Publications: (a) Books authored/edited 1. Michael Geist, ed., The Copyright Pentalogy: How the Supreme Court of Canada Shook the Foundations of Canadian Copyright Law, University of Ottawa Press, 2013 (456 pp.) 2. Michael Geist, ed., From “Radical Extremism” to “Balanced Copyright”: Canadian Copyright and the Digital Agenda, Irwin Law, 2010 (652 pp.) (b) Articles 1. The Trouble with the Anti-Counterfeiting Trade Agreement, 30, No. 2 SAIS Review of International Affairs 137-47 (2010) 2. Canada’s Digital Economy Strategy: Toward An Openness Framework, 8 Canadian Journal of Law and Technology 277-98 (2010) (c) Book Chapters 1. Fairness Found: How Canada Quietly Shifted from Fair Dealing to Fair Use, in The Copyright Pentalogy: How the Supreme Court of Canada Shook the Foundations of Canadian Copyright Law, (M. Geist, ed.) (Ottawa, University of Ottawa Press) 157-86 (2013) 2. Canada’s Digital Economy Strategy: An Openness Framework, in The Internet Tree : The State of Telecom Policy in Canada 3.0 (M. Moll and L. Regan Shade, eds.) (Ottawa, Canadian Centre for Policy Alternatives) 218 (2011) 3. The Case for Flexibility in Implementing the WIPO Internet Treaties: An

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Examination of the Anti-Circumvention Requirements, in From “Radical Extremism” to “Balanced Copyright”: Canadian Copyright and the Digital Agenda, (M. Geist, ed.) (Toronto, Irwin Law) 204-46 (2010) 4. Developing Canada’s Intellectual Property Agenda (with Jeremy deBeer) in Canada Among Nations 2007, (J. Daudelin and D. Schwanen, eds.,) (Montreal, McGill-Queen's University Press) 159-180 (2007) (d) Invited Contributions/Technical Reports 1. The Trouble With ACTA: An Analysis of the Anti-Counterfeiting Trade Agreement, European Parliament, Committee on International Trade (2012) (21 pages) 2. Copyright Consultation Submission, 2 Osgoode Hall Rev.L.Pol'y. 59 - 72 (2009). 3. The Case for Flexible Fair Dealing, Industry Canada Intellectual Property Policy Directorate, 2007 (48 pp.) (e) Shorter Opinion Pieces Dozens of IP-related articles in the Toronto Star, Ottawa Citizen, Hill Times Elizabeth Judge [adjunct] Biography: A.B. (English and American Literature; Political Science) (Hons.), magna cum laude, (Brown), M.A. (English Literature) (Toronto), J.D., cum laude, (Harvard), LL.M. (Dalhousie) and Ph.D. (English Literature)(Dalhousie), of the bars of Ontario, California and the District of Columbia, Associate Professor Dr. Elizabeth F. Judge is the Director of the Doctoral Program in Law and an Associate Professor at the University of Ottawa, Faculty of Law, Common Law Section, where she specializes in intellectual property and privacy and is a member of the law and technology group. Her research has focused on the protection of personal information through tort, property and intellectual property law and other property individuals can hold in themselves. She teaches courses on Intellectual Property, Evidence, Privacy, an advanced intellectual property seminar on Property of the Person, and a seminar on Law and Literature. In the graduate program, Professor Judge has taught graduate seminars on the jurisprudence and policy of law and technology and served as faculty coordinator for the Master of Laws with concentration in Law and Technology. She is a founding editor and the Editor-in-Chief and Faculty Advisor for the University of Ottawa Law & Technology Journal, and teaches the Technology Law Internship: University of Ottawa Law & Technology Journal Advanced Legal Research and Editing course in both the LLB and graduate programs. Dr. Judge is the Project Leader of Open Access Law Canada / Libre accès au droit Canada. Dr. Judge has received SSHRC and Killam awards for research in both English literature and law, and has taught in both law and literature. Prior to joining the Faculty of Law, she practised law in Washington, D.C. specializing in tax and complex insurance litigation. Professor Judge is a member of the Law Society of Upper Canada and is admitted to the Bars of the State of California, the District of Columbia and the United States Tax Court. She holds a Bachelor of Arts, magna cum laude, from Brown University (English and American Literature; Political Science) (Hons.), a Juris Doctorate, cum laude, from Harvard

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Law School, a Master of Arts (English) from the University of Toronto, and a Master of Laws and a Doctor of Philosophy in English Literature from Dalhousie University, and is a member of Phi Beta Kappa. In 2001-2002, she served as a law clerk to the Honourable Mr. Justice Ian Binnie at the Supreme Court of Canada. She is an Associate Editor of the Canadian Patent Reporter and a member of the Advisory Boards of the Canadian Internet Policy and Public Interest Clinic (CIPPIC) and the Canadian Privacy Law Review Newsletter. She is the co-author of Intellectual Property: The Law in Canada, with Dr. Daniel Gervais (Carswell) and Le droit de la propriété intellectuelle(Éditions Yvon Blais). Her publications include scholarship in law and literature. Professor Judge’s research interests are in the areas of law and technology, including intellectual property, online privacy, personality rights, the property of personal information, and technology and the courts, as well as evidence, legal history, law and literature, and jurisprudence. Professor Judge is currently engaged in a threeyear research project, "18th-Century Fan Fiction and Copyright Law: The Historical Emergence and Legal Protection of Fictional Characters and 18thCentury Cultural Discourse on Authorship and Originality," which is funded by the Social Sciences and Humanities Research Council of Canada. Publications: (f) Books authored/edited Daniel Gervais and Elizabeth F. Judge, Intellectual Property: The Law in Canada, 2d ed (Carswell, 2011). (g) Articles Elizabeth F. Judge and Saleh Al-Sharieh, “Join the Club: The Implications of ACTA’s Enforcement Measures for Canadian Copyright Law,” (2012) 49:3 Alberta Law Review 677-743 Elizabeth F. Judge and Teresa Scassa, “Intellectual Property and the Licensing of Canadian Government Geospatial Data: An Examination of Geoconnections’ Recommendations for Best Practices and Template Licences,” (2010) 54:3 The Canadian Geographer / Le Géographe canadien 366–374 Elizabeth F. Judge and Daniel Gervais, “Of Silos and Constellations: Comparing Notions of Originality in Copyright Law,” (2009) 27:2 Cardozo Arts & Entertainment Law Journal 375–408 [revised version of “Of Silos and Constellations: Comparing Notions of Originality in Copyright Law,” in Intellectual Property Protection of Fact Based Works: Copyright and Its Alternatives, ed. Robert Brauneis (Edward Elgar, 2009)] Elizabeth F. Judge, “Copyright, Access, and Integrity of Public Information,” (2008) 1 Journal of Parliamentary and Political Law 427-441 (h) Books chapters Elizabeth F. Judge, “Righting a Right: Entertainment Software Association v SOCAN and the Exclusive Rights of Copyright for Works,” in Michael Geist, ed., The Copyright Pentalogy: How the Supreme Court of Canada Shook the Foundations of Canadian Copyright Law (University of Ottawa Press, 2013) Daniel J. Gervais and Elizabeth F. Judge, “Physionomie et problématiques modernes du monopole octroyé par le droit des brevets,” Fascicule 21 in Propriété intellectuelle in JurisClasseur Québec (LexisNexis, 2013)

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3. Elizabeth F. Judge, “Crown Copyright and the Reuse of Government Information: Access and Limitations” in Government Information Management in the 21st Century, Peggy Garvin, ed. (Ashgate, 2011), 211222 4. Elizabeth F. Judge, “Enabling Access and Reuse of Public Sector Information in Canada: Crown Commons Licenses, Copyright, and Public Sector Information,” in From “Radical Extremism” to “Balanced Copyright”: Canadian Copyright and the Digital Agenda, Michael Geist, ed. (Irwin Law, 2010), 598-642 5. Elizabeth F. Judge and Daniel Gervais, “Of Silos and Constellations: Comparing Notions of Originality in Copyright Law,” in Intellectual Property Protection of Fact Based Works: Copyright and Its Alternatives, ed. Robert Brauneis (Edward Elgar, 2009), 74-106 6. Elizabeth F. Judge, “Kidnapped and Counterfeit Characters: EighteenthCentury Fan Fiction, Copyright Law, and the Custody of Fictional Characters,” in Originality and Intellectual Property in the French and English Enlightenment, ed. Reginald McGinnis, Routledge Studies in Eighteenth-Century Literature (Routledge, 2009), 22-68 Chidi Oguamanam Biography: Chidi Oguamanam, LL.B (Ife); BL (Lagos); LLM (Lagos); LL.M, Ph.D. (British Columbia) Dr. Oguamanam joined the Faculty of Law (Common Law Section) University of Ottawa as an Associate Professor in July 2011 where he is affiliated with the Centre for Law, Technology and Society. He teaches Contract law, Intellectual Property and Human Rights, Agricultural Knowledge Systems, Biodiversity and Food Security. Before his academic career, Dr. Oguamanam practised intellectual property and corporate law prior to embarking on graduate studies at the University of British Columbia where he obtained his LL.M. and Ph.D. degrees in law. He began his academic career as a fellow of Canada Institutes of Health Research Program in Health Law and Ethics of Health Research at Dalhousie University in 2003. In 2004, he joined Dalhousie Law School (now Schulich School of Law) where he taught several courses including Contract and Judicial Decision-Making, Commercial Law (Sale of Goods), Law and Technology, Advanced Intellectual Property, Intellectual Property and Commercialization Placement, etc. In 2008, he became an adjunct professor at the Case Western Reserve Law School, Cleveland, OH where he taught Indigenous Peoples, Indigenous Knowledge and International Law. At Dalhousie University, Dr. Oguamanam had administrative responsibility as acting and subsequently the substantive director of the Law and Technology Institute (20072011). He is called to the Bar in Nigeria and Canada and is a member of Nigerian Bar Association and Nova Scotia’s Barristers’ Society. Professor Oguamanam has diverse interdisciplinary research interests in the areas of global knowledge governance in general, especially as manifested in the dynamics of intellectual property and technology law with emphasis on biodiversity, biotechnology, including agricultural biotechnology. He identifies the policy and practical contexts for the exploration of the intersections of knowledge systems, particularly western science and the traditional knowledge of indigenous and local communities within the broader development discourse

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and paradigm. He is interested in the global institutional and regime dynamics for negotiating access and distributional challenges in regard to the optimization of benefits of innovation by stakeholders. He has written and published several articles on international intellectual property law-making, biotechnology in the context of health and agriculture, indigenous peoples, indigenous knowledge, farmers’ rights, access and benefits sharing over genetic resources, environmental law and biodiversity conservation, the policy and legal intersections of traditional and hi-tech agricultural practices, documentation and digitization of local knowledge systems, globalization, complementary and alternative medicine (CAM), medical ethics, nutrition, public health law and policy, colonialism and the legal profession. In addition to public speaking engagements nationally and internationally, Dr. Oguamanam provides technical and expert consulting and support services in his areas of work for states and sub-state actors, intergovernmental bodies, Indigenous and local communities in developed and newly industrializing countries and elsewhere. He is the author of: International Law and Indigenous Knowledge: Intellectual Property, Plant Biodiversity, and Traditional Medicine (University of Toronto Press in 2006) and Intellectual Property in Global Governance: A Development Question (Routledge 2011). Publications: (i) Books authored/edited Intellectual Property in Global Governance: A Development Question (Routledge: New York, 2012), 280 pages. International Law and Indigenous Knowledge: Intellectual Property, Plant Biodiversity and Traditional Medicine (University of Toronto: Toronto, 2006), 416 pages (re-printed 2010). Innovation and Intellectual Property: Collaborative Dynamics in Africa (with J. deBeer, C. Armstrong, T. Schonwetter) (Cape Town, UCT Press, forthcoming in 2013), pages: 404 (j) Journal Articles “Rio+20: Indigenous Knowledge and Intellectual Property in Coastal and Ocean Law” (2013) 27 Ocean Yearbook 121-146. “Toward a Constructive Engagement: Agricultural Biotechnology as a Public Health Incentive for Less Developed Countries” (2011) 7 Journal of Food Law and Policy 257-296. “Beyond Nollywood: In Search of Intellectual Property Policy for Nigeria” (2011) 1:1 Nigeria Journal of Intellectual Property 1-37. “Intellectual Property in Global Governance: A Venture in Critical Reflection” (2011) 2:2 WIPO Journal 196-216. “Genetic Resources, Access and Benefits Sharing: Politics, Prospects and Opportunities for Canada After Nagoya” (2011) 22:2 Journal of Environmental Law and Practice 87-201. “Patents and Pharmaceutical R & D: Consolidating Private-Public Partnership Approach to Global Health Crises” (2010) 13:4 Journal of World Intellectual Property 556-580. “Intellectual Property Education and Training: A Development Perspective” (2010) 31 ICTSD Issues 1-60.

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8. “Canada: Time to Take Access and Benefit Sharing Over Genetic Resources Seriously” (2010) 60 University of New Brunswick Law Journal 139-149. 9. “Beyond Theories: The Intellectual Property Dynamic in the Global Knowledge Economy” (2009) 9 Wake Forest Intellectual Property Law Journal 104-154. 10. “Personalized Medicine and Complementary Alternative Medicine: In Search of Common Grounds” (2009) 15:8 Journal of Alternative and Complementary Medicine 943-949. 11. “Patents and Traditional Medicine: Digital Capture, Creative Legal Interventions and the Dialectics of Knowledge Transformation” (2008) 15 Indiana Journal of Global Legal Studies 489-528. (k) Book chapters 1. “Open Minds: Lessons on Intellectual Property, Innovation and Development from Nigeria,” in K. Reilly and M. Smith, eds., Open Development: Technological, Organizational, and Social Innovation in International Development (Boston: MIT Press, forthcoming 2014) (with J. de Beer) 249-272. 2. “Developing Countries and Legal Institutions at the Intersection of Agricultural Biotechnology and Development” in S.J. Smith, P.W.B. Philips, and D. Castle, eds., Handbook on Agriculture, Biotechnology and Development (Cheltenham, UK: Edward Elgar, forthcoming 2014) 17 pages (6,594 words). 3. “Intellectual Property: The Promise and Risk of Human Rights” in T. Scassa, Courtney B. Daogoo et al., eds., Intellectual Property for the 21st Century: Interdisciplinary Perspectives on Intellectual Property Law (Toronto: Irwin Law, forthcoming 2014) 20 pages (7,715 words). 4. “Geographical Indications: Options for Ethiopian Coffee and Ghanaian Cocoa” in Innovation and Intellectual Property: Collaborative Dynamics in Africa (Cape Town: University of Cape Town Press, forthcoming in Dec. 2013) (with T. Dagne) pp. 79-110. 5. “Innovation, Intellectual Property and Development Narrative in Africa” in Innovation and Intellectual Property: Collaborative Dynamics in Africa (Cape Town: University of Cape Town Press, forthcoming 2013) (with De Beer, Schonwetter) pp. 1-31. 6. “Current Realities of Collaborative Intellectual Property in Africa” in Innovation and Intellectual Property: Collaborative Dynamics in Africa (Cape Town: University of Cape Town Press, forthcoming in Dec, 2013) (with De Beer, Armstrong and Schonwetter) pp. 383-404. 7. “Implementing the International Treaty on Plant Genetic Resources for Food and Agriculture – A Regulatory and Intellectual Property Outlook” in Emily Marden and Nelson Godfrey, eds., Innovation in Agricultural Genomics: Overcoming Complexities in the Intellectual Property Regulatory Complex (Vancouver: UBC Press forthcoming 2014) 25 pages (9,880 words) 8. “Documentation and Digitization of Traditional Knowledge and Intangible Cultural Heritage: Challenges and Prospects” in T. Kono, ed., Intangible Cultural Heritage and Intellectual Property: Communities, Cultural Diversity

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and Sustainable Development (Antwerp: Intersentia, 2009) 357-383. (l) Media 1. “Inside Views: Collaborative Capacity Building in Intellectual Property – Leveraging on African Diaspora Exchange” Intellectual Property Watch (January 2, 2013). 2. “Intellectual Property and the Knowledge Economy” The Guardian (Op-ed, Nigeria) (April 20, 2009). “Our World Needs a Humane Global Intellectual Property Order” Lawyers’ Weekly, (March 3, 2009). Teresa Scassa [adjunct] Biography: B.A. (Conc.), LL.B./B.C.L. (McGill), LL.M. (Mich.), S.J.D. (Mich.) Member, Nova Scotia Barristers’ Society. Teresa Scassa is the Canada Research Chair in Information Law at the University of Ottawa, where she is also a professor at the Faculty of Law. She holds undergraduate law degrees in civil and common law from McGill University, as well as a Masters and a Doctorate in law from the University of Michigan. She is a founder and former editor of the Canadian Journal of Law and Technology, author of the book Canadian Trademark Law (LexisNexis 2010) and co-author of Electronic Commerce and Internet law in Canada (CCH Canadian Ltd. 2012), which received the Foundation for Legal Research’s 2013 Walter Owen Book Prize. She is a member of the External Advisory Committee of the Office of the Privacy Commissioner of Canada, and of the Canadian Government Advisory Committee on Open Government. She has written widely in the areas of intellectual property law, law and technology and privacy. She currently teaches Introduction à la propriété intellectuelle et industrielle and Property Law (National Programme). Dr. Scassa's current research projects include grant-funded work on digital cartography and the law, government-citizen interaction in the geoweb, open government and open data, and trademarks and the freedom of expression. For more information, please visit her blog at:http://www.teresascassa.ca. Publications (m) Books authored/edited Courtney Doagoo, Mistrale Goudreau, Madelaine Saginur and Teresa Scassa. Interdisciplinary Approaches to Intellectual Property Law, Irwin Law, forthcoming in 2013. (In press) Gregory Hagen, Cameron Hutchison, David Lametti, Graham Reynolds, Teresa Scassa and Margaret Ann Wilkinson, Canadian Intellectual Property Law: Cases, Notes and Materials, Emond Montgomery Publications, 2013. 824 pp. Teresa Scassa and Michael Deturbide, Electronic Commerce and Internet Law in Canada, 2d edition, CCH Canadian Ltd., 2012 .Winner, 2013 Walter Owen Book Prize. 728 pp Teresa Scassa, Canadian Trademark Law, LexisNexis (Butterworths) Canada, Inc., 2010. Short-listed for the Walter Owen Book Prize, 2011.

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582 pp. (n) Refereed Articles 1. Scassa, T., “Privacy and Publicly Available Information,” (2013) 11 Canadian Journal of Law and Technology 1-23. 2. Saunders, A., Scassa, T. & Lauriault, T., “Legal Issues in Maps Built on Third Party Base Layers”, 2012 66:4 Geomatica 279-290. 3. Engler, N.J., Scassa, T. & Taylor, D.R.F., “Mapping traditional knowledge: Digital cartography in the Canadian North”, 2013 48:3 Cartographica 189199. 4. Scassa, T., Engler, N.J., and Taylor, D.R.F., “Legal issues in mapping traditional knowledge: Digital cartography in the Canadian North”, forthcoming 2013 Cartographic Journal (in press) 5. Scassa, T., “Trademarks Worth a Thousand W ords: Freedom of Expression and the Use of the Trademarks of Others”, (2012) 53 Les Cahiers de droit 877-907. 6. Scassa, T., “Legal Issues with Volunteered Geographic Information”, (2013) 57:1 Canadian Geographer 1-10, DOI: 10.1111/j.15410064.2012.00444.x. 7. Scassa, T. and Currie, R., “New First Principles? Assessing the Internet’s Challenges to Jurisdiction”, (2011) 42:4 Georgetown Journal of International Law 1017-1082 8. Ellis, D., Scassa, T. & Seguin, B., “Framing Ambush Marketing as a Legal Issue: An Olympic Perspective”, (2011) 14:3 Sport Management Review 297-308. 9. Scassa, T., “Ambush Marketing and the Right of Association: Clamping Down on References To that Big Event with All the Athletes in a Couple of Years”, (2011) 25:4 Journal of Sport Management 354-370, http://journals.humankinetics.com/AcuCustom/SiteName/Documents/Docu mentItem/06Scassa_jsm_2009_0053_354-370.pdf. 10. Scassa, T., “Overbalancing: The Supreme Court of Canada and the Purpose of Canada’s Copyright Act”, (2010) 25:2 Canadian Intellectual Property Review 181-204. 11. Judge, E. & Scassa, T., “Intellectual Property and the Licensing of Canadian Government Geospatial Data: An Examination of Geoconnections’ Recommendations for Best Practices and Template Licences”, (2010) 54:3 Canadian Geographer 366-374 12. Scassa, T., “Faster, Higher, Stronger: The Protection of Olympic and Paralympic Marks Leading up to Vancouver 2010”, (2008) 41 U.B.C. Law Rev.31-68 (o) Non-refereed Articles: 1. Scassa, T., Review Essay: “A Paradigm Shift in Intellectual Property Discourse: Fresh Perspectives on Old Debates”, (2011) 49 Osgoode Hall Law Journal 333-352. (p) Refereed Book Chapters 1. Scassa, Teresa. “Acknowledging Copyright’s Illegitimate Offspring: UserGenerated Content and Canadian Copyright Law”, in M. Geist, ed., The Copyright Pentalogy: How the Supreme Court of Canada Shook the

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Foundations of Canadian Copyright Law, (Ottawa: University of Ottawa Press, 2013) pp. 431-453. This chapter was featured on IP Osgoode’s IPilogue, August 7, 2013, online: <http://www.iposgoode.ca/2013/08/acknowledging-copyrights-illegitimateoffspring-user-generated-content-and-canadian-copyright-law/>. Seguin, B. and Scassa, T. “Ambush marketing legislation to protect Olympic sponsors: A step too far in the name of brand protection?”, forthcoming in 2013 in C. Doagoo, M. Goudreau, M. Saginur & T. Scassa, eds., Interdisciplinary Approaches to Intellectual Property Law, (Irwin Law) (in press). Scassa, T., “Copyright Reform and Fact-Based Works”, in M. Geist, ed. From "Radical Extremism" to "Balanced Copyright": Canadian Copyright and the Digital Agenda, (Irwin Law, 2010), 571-597. Scassa, T., “Faster, Higher, Stronger: The Protection of Olympic and Paralympic Marks Leading up to Vancouver 2010”– edited reprint of refereed article, in Vassil Griginov, ed., The Olympics: A Critical Reader, Routledge, 2010, pp. 344-357 Scassa, T., “Extension of Intellectual Property Rights”, Chapter 1, in M. Boyer, M. Trebilcock & D. Vaver, eds., Competition Policy and Intellectual Property, Toronto: Irwin Law, 2009, pp. 17-145 Scassa, T., “The challenge of trademark law in Canada’s federal and bijural system”, in Ysolde Gendreau, ed., An Emerging Intellectual Property Paradigm: Perspectives from Canada, Queen Mary Studies in Intellectual Property Law, Cheltenham, UK: Edward Elgar, 2008, 3-21 (q) Invited Book Chapters Scassa, T., Goudreau, M., Saginur, M., & Doagoo, B.C., “Interdisciplinary Approaches to Intellectual Property Law”, forthcoming Autumn 2012 in Interdisciplinary Approaches to Intellectual Property Law, Irwin Law, forthcoming in Autumn 2013. (Co-edited with B. Courtney Doagoo, Mistrale Goudreau and Madelaine Saginur.) Engler, N.J. Scassa, T. & Taylor, D.R.F., “Cybercartography and Volunteered Geographic Information” in D.R. Fraser Taylor, ed., Developments in the Theory and Practice of Cybercartography: Applications and Indigenous Mapping (forthcoming, Elsevier 2013). Scassa, T., Taylor, D.R.F., & Lauriault, T., “Cybercartography and Traditional Knowledge: Responding to Legal and Ethical Challenges” in D.R. Fraser Taylor, ed., Developments in the Theory and Practice of Cybercartography: Applications and Indigenous Mapping (forthcoming, Elsevier 2013). (r) Other

1. Scassa, T., “Guilt by Association: the London 2012 Olympics”, invited blog at Free Speech Debate, July 16, 2012, http://freespeechdebate.com/en/discuss/guilt-by-association-the-london2012-olympics/. Scassa, T., “Keyword advertising in trademark law”, Lawyers Weekly, November 26, 2010, p. 11.

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Victor Nabhan

Biography: Professor Victor Nabhan has taught at Laval University (Intellectual Property, Contract law) from 1970 until 1999. During this period, he also served as a consultant to the Quebec Ministry of Culture and acted as legal advisor to the Federal Ministry of Justice for 4 consecutive revisions of Canadian Copyright law. Since 1996 he is also the president of ALAI (Association Littéraire et Artistique Internationale), founded in 1879 by Victor Hugo. ALAI was responsible for the drafting of the Berne Convention for the protection of Litterary and Artistic works, adopted in 1886. From1999 to end of 2005, he was a senior consultant to WIPO ( World Intellectual Property Organisation), advising developing countries in drafting national legislations compliant with international treaties, devising capacity building strategic plans, and participating in training courses and seminars designed to different stakeholders: judges, lawyers, government officials, business community, collective management societies, university students, creators associations, etc. Since 2006, he acts as a freelance, combining activities of : 1) of counsel with the law firm of Kimbrough et Associés in Paris 2 ) teaching IP international law in a number of universities (Canada, France, UK, developing countries) 3) advising developing countries mainly in the Middle East and the Western Balkans in the field of IP.

Peter Cooke [adjunct]

Biography: Peter Cooke is a partner of Ridout & Maybee LLP in the firm’s Ottawa office. His practice covers all areas of trademarks including trade-mark clearance, prosecution of applications for registration, as well as opposition and cancellation proceedings before the Registrar of Trade-marks. Peter also resolves domain name disputes and handles trade-mark licensing, as well as issues arising in corporate transactions. Biography: Philip is an associate at MBM's Ottawa office as a member of the firm's patent legal and trademark groups. His practice focuses on the drafting and prosecution of patent applications in a wide variety of electrical, wireless and mechanical technologies. He has experience representing clients in trademark oppositions and trademark expungement proceedings. Philip graduated magna cum laude from the University of Ottawa in the inaugural class of the Programme de droit canadien. This new curriculum provided Philip competencies in both Canadian common law and Quebec civil law in both official languages. Prior to his legal studies, Philip studied mechanical engineering, obtaining a Bachelor’s degree from McGill University and a Master’s degree from Queen’s University. His graduate thesis focused on the analysis of the airflow though a patented engine by way of numerical simulation techniques and scaled modeling. This work has been presented at international conferences, published in scientific journals and received funding from provincial endowments.

Philip Oliver [adjunct]

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Philip has been a guest lecturer at the University of Ottawa on Animal Law as part of a larger course on intellectual property law as it relates to biotechnology and pharmaceuticals.

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University of Saskatchewan IP Courses Link: http://law.usask.ca/documents/2012-2013%203%20%20long%20course%20descriptions.pdf Intellectual and Industrial Policy (Tom Roberts) The general nature of intellectual and industrial property rights and the present legal framework in Canada for the protection and exploitation of such rights. Traditional and emerging categories and their theoretical underpinnings. The substantive law of patents will be examined. An examination of the developments and problems caused by new technologies and the demands made on the law by a post-industrial, information society. IP Professors Tom Roberts Biography: Dr. Roberts provides legal advice and services to units of the Office of the Vice-President Research and other research, academic and administrative units of the University. His duties involve protection of the University's intellectual property interests, negotiating and drafting contracts involving intellectual property, and various corporate and commercial matters related to the University's research enterprise and technology-based start-up corporations. He consults widely on intellectual property matters and is responsible for coordinating development and changes to University IP policies and procedures. Publications: No recent publications in Intellectual Property-related matters.

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University of Toronto IP Courses Link: http://www.law.utoronto.ca/academic-programs/course-calendar Copyright Law (Ariel Katz) This course offers an intensive study of copyright law. Through analysis of classic and recent case law in Canada and other jurisdictions, students will learn the fundamentals of copyright doctrine, its theoretical justifications, and its enforcement and administration mechanisms. The course will also discuss copyright law’s historic developments and its relationships with technology: from the printing press, to broadcasting, to digital technology, the Internet, and the cloud. The course will also examine some of copyright law’s constitutional foundations, including some of the tensions between copyright, freedom of expression, and free competition. This course is an intensive study of copyright law. It is divided into two main parts. In the first, we will study the fundamentals of copyright doctrine through analysis of both classic and recent case law in Canada and other jurisdictions. Topics to be examined under this rubric include the protection of dramatic, musical, artistic, and literary works (including computer software); the relation between authorship and ownership; originality; the idea/expression dichotomy; moral rights; infringement; the defence of fair dealing; the differences between copyright, trademark and patent protection; and the operations of copyright law in the digital environment (e.g. internet file-sharing, technological protection measures, digital databases). In the second part, we will read selected copyright commentary addressing current and related issues. Topics to be examined may include the varying justifications of copyright law as a distinct juridical order, the definition of concepts central to that order (e.g. work, copy, author, user), the role of the public domain in copyright law, the relation between copyright law and freedom of expression, copyright law and education, copyright law and development, copyright law and appropriation art, and copyright law and human rights. Information is as basic to the knowledge economy as natural resources were to the industrial economy and human resources to the service economy. The greater the dependence of the economy on new information, the more critical are the institutions that manage its creation, use and exchange. Yet the law creates rights over information (known as intellectual property (IP) rights) much differently than it does over goods or services. The rationale and means for IP rights constitute the subjects of this course. The course will focus on the three principal areas of IP law: copyright, patents and trademarks, it will discuss their theoretical foundations and key concepts and doctrines. This course will examine the legal and policy issues that are challenging the producers and distributors of digital works in the

Copyright (Abraham Drassinower)

Intellectual Property: Copyright, Trademark, and Patent (Ariel Katz)

Digital Content and the Creative

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Economy (Richard Owens, Aaron Sawchuk)

entertainment, new media and software industries. The course will move beyond the black letter law to allow students to critically examine the socio-economic policy debates involving intellectual property rights in the digital economy. Course topics will include: the effects of digital rights management technologies on the dissemination of creative content and user rights; open source software and other forms of massively distributed peer production; Canada’s implementation of the WIPO Internet treaties; net neutrality; and, the movement away from market-based compensation to collective licensing levies. The course will focus on the Canadian context, but will also draw heavily on international developments, particularly in the US and EU. Biotechnology besieges existing law and policy like no other development in human history. This course will attempt to come to grips with the challenges posed by the fast-paced advances of biological sciences, how law has responded to them, and how it should respond in the future. We will examine the extraordinary challenges it poses to the process of lawmaking and the achievement of social consensus. The variety of philosophical, religious, political, economic and ethical approaches to the formation of policy will be debated and scrutinised. This course is intended for law students (ideally with some background in life science) and life science graduate students. The course introduces patent law in the first four lectures and then examines the application of this framework through a series of specific examples drawn from commercial examples of biotechnology and medical devices. Patent agents and lawyers working in specific areas of patent protection will participate in the latter part of the course. Lectures, through cases drawn through the industrial application of biotechnology and medical devices, will expand and build upon the legal basics set out in the introduction of the course. Guest speakers will either be patent agents or patent lawyers who work in the area in question. Some significant features of the digital networked environment that faciliate and shape Internet commerce are: the possibility of anonymity; the tremendous reduction of transaction costs and concomitant tremendous increase in speed and granularity of transactions; the trend toward globalization (weakening of legal territoriality and geographical borders); the increase in informal or privatized governance mechanisms; the increased role of digital intellectual property and digital controls in place of tangible property and traditional regulatory oversight. With these overarching Internet features in mind, we will first consider some of the business models prevalent on the Internet. Then we will focus on topics involving particular models, legal issues, and controversies. Competition law is primarily concerned with encouraging competition and restricting market power, while intellectual property laws grant exclusive rights, which often impose limitation on competition. This course will explore the interface and tensions between these areas of law. While it is now widely accepted that these two sets of laws share common goals and are not in inherent conflict, resolving the tension

Law and Policy of Biotechnology Richard Owens

Patent Law for the Life Sciences (Ariel Katz, Jayson Parker)

Topics in Internet Commerce (Margaret Jane Radin)

Competition Law & Intellectual Property (Ariel Katz)

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between them in individual cases is often tricky. Examples of issues that might be discussed include: whether and when IP rights should be regarded as ‘monopolies’; price discrimination; tying and other restrictive terms in IP licenses; refusal to license IP; compulsory licenses; collective administration of copyright; patent pools and standard setting; anticompetitive IP settlements; parallel importation; competition law and the “new economy”; and IP misuse. The first meetings will be dedicated to introducing basic concepts, while in the rest students will be required to present topics of their choice. Copyright, Trademark and Patent (Abraham Drassinower) The aim of the course is to provide the student with the fundamentals of copyright, trade-marks, and patent. Topics to be examined under the rubric of copyright include the protection of dramatic, musical, artistic, and literary works (including computer software); the relation between authorship and ownership; originality; the idea/expression dichotomy; infringement; technological protection measures; and the defence of fair dealing. Our analysis of copyright will deal with issues such as private copying, internet file sharing, digital databases, and appropriation art. Topics to be examined under the rubric of trademarks include the differences between the common law action for passing-off and trade-mark infringement; distinctiveness; use; and the criteria for trade-mark registration. Our analysis of trade-marks will deal with issues such as the status of famous marks, and the relationship between trade-mark protection and freedom of expression. Topics to be examined under the rubric of patent include novelty; nonobviousness; utility; sufficiency; and infringement. Our analysis of patent will deal with pharmaceutical compounds, patenting life issues, and the limits of patent protection. We will throughout endeavour to distinguish between copyright, trade-marks and patent, to explore questions of overlapping protection, and to assess those legal regimes from the point of view of both their normative justification and their policy objectives. The aims and objectives of the course are to provide students with the skills necessary to review and analyse critically intellectual property development and policy in medicine and public health. In particular, the course provides students with a grounding in the relationship between intellectual property, competition law and human rights in the area of public health. In examining significant examples, the course provides students with a critical socio-economic analysis of the relationship between intellectual property frameworks and the various industries contributing to medical innovation and health. The skills obtained in thus reviewing international and comparative developments in this area are invaluable in application not only in the area of public health but also throughout various debates surrounding intellectual property law development and access to knowledge more broadly. The purpose of this seminar is to study the main international intellectual property conventions and jurisprudence in the area of patents, copyright and trademarks, and how they shape domestic intellectual property law. We look at the role of international organizations (e.g. WIPO and the WTO) and other actors in intellectual

Intensive Course: IP, Medicine and Health (Johanna Gibson)

International Intellectual Property Law (Pascale

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Chapdelaine)

property law making. What are the various strategies available at the national level to implement international laws? How do private parties and national courts invoke international IP conventions in domestic disputes? We apply this study to contentious issues that give rise to debates worldwide, including patentable subject matter and traditional knowledge, patents and public health, the legal treatment of recent technology advances and copyright holders’ exclusive rights, the increased protection of geographical indications and the implications of international IP law on the importation/exportation of goods and services. Patents and trade secrets protect commercially valuable inventions and information respectively. As the information age and biotechnology progresses, these legal monopolies and “know-how” have become increasingly important to commerce. This course will examine: protectable subject matter (novelty, non-obviousness, secrecy and the problems with specific technologies such as computer software, business methods and biotechnology); the mechanisms used to obtain protection (nationally and internationally); maintenance, how to read (construe) and how to enforce (litigate) a patent; and licensing. The scope and overlap of patent and trade secret protection will also be studied. The course will examine all facets of trademark law, commencing with a review of the underlying policy rationales for the recognition and protection of trademarks. The common law action for passing off will then be explored, followed by an historical overview of Canada’s statutory regimes for the protection and enforcement of trade-marks. An in-depth review of Canada’s current Trade-marks Act will occupy a significant portion of the course, focusing upon the application, opposition and registration requirements, procedures and practices, the various available actions for the protection and enforcement of registered marks, and the different grounds to invalidate registrations. International developments in the law of trademarks will also be canvassed in so far as their impact and potential impact on Canada. The Innovation Law Clinic is a unique student clinic dedicated to providing high quality business and IP legal services to start up and early-stage businesses. Most clinic clients will be referrals from the MaRS mentorship program to Norton Rose Fulbright (NRF). Students will work directly with NRF lawyers advising and assisting start up clients with the business, IP and employment law issues that need to be addressed, in a way that is commensurate with the stage of the business. Students will get experience in client communication, client consultations, entity formation, drafting basic corporate agreements, employment matters, IP matters, technology. Students will experience the unique features of advising entrepreneurial clients. Goals and Supervision: Students participating in the Innovation Law Clinic will master an array of technical legal skills, including and areas of business, employment, and intellectual property law. Students will work directly with and under the supervision of NRF lawyers in providing basic legal advice to a

Patent and Trade Secrets Law Donald Cameron & Prof. R. Scott MacKendrick

Trademarks Kelly Gill [adjunct]

Clinical Legal Education: Innovation Law Clinic at MaRS: Advising Entrepreneurs and Innovators (Richard Sutin)

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variety of start-up businesses and will be required to confirm that they will abide by Norton Rose Fulbright’s client confidentiality obligations. Students will be encouraged to network in the MaRS community. Training: Throughout the term Norton Rose lawyers will hold seminars on fundamental aspects of business and technology law. Seminars will be monthly, at the MaRS office (101 College Street), on Wednesday nights at 5:00 pm, and students will attend MaRS’ Entrepreneurship 101 lectures immediately following the Innovation Law Clinic seminar. Students will also participate in ongoing continuing legal education that takes place at the law firm. They will develop an understanding of underlying legal principles in advising starting entrepreneurs, and selecting appropriate strategies and options in corporate structure. The Innovation Law Clinic is especially well situated to develop students’ understanding of the obligations lawyers owe to clients starting businesses, especially those surrounding client confidentiality in a commercial setting. Activities and Location: Students will attend client interviews and file meetings. Supervisor meet with students at MaRS and at the offices of Norton Rose Fulbright to monitor progress on work assignments, assist with decision making, counsel students on appropriate next strategies, and review written work. Written Work: Students can expect to prepare or help prepare a variety of legal documents, including client letters, file memos, and basic corporate agreements. Students may be asked to research policy areas, or to help develop client educational materials or presentations. Collective Administration of Copyrights: The Canadian Experience (Ariel Katz) Collective administration of copyrights has proliferated across many areas of copyright. It has been viewed as a way of reconciling two seemingly conflicting goals: providing compensation and incentives to creators, and promoting access to protected works. It has also been touted as a solution to the perceived ills of the copyright system and to the legal challenges posed by the encounter between copyrights and the digital realm, and a better alternative to fair dealing and other exceptions. Dating back to the 1930s, Canada has been one of the first countries to regulate copyright collectives and establish a special tribunal for that purpose, and since the late 1990s, Canada has been experimenting with even more types of collectives and with a Copyright Board that was given an expanded mandate. As a result, Copyright Board proceedings constitute a significant part of copyright practice and lawmaking in Canada, yet the internal workings of the Board, its methodologies, procedures, and how they affect its rulings and their economic outcomes, are largely under-studied and opaque. By combining the study of copyright with the study of economic regulation, this seminar will allow student to closely and critically examine the practice of collective administration. Centre for The Centre for Innovation Law and Policy (CILP) examines the

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Innovation

interface between technology and law. The CILP is at the forefront of the Faculty of Law's commitment to ensuring that its faculty, curriculum and resources are responsive to those social, cultural, economic and technological developments that have consequences for, influence or are shaped by law in its various forms. A multi-faceted and interdisciplinary research centre, the CILP primarily focuses on intellectual property, cyberlaw, and privacy, as well as telecommunications and biotechnology law. The core faculty affiliated with the CILP approach foundational, theoretical and topical issues concerning law and technology through the scholarly rubrics of law, philosophy, political science, economics and cultural studies. The centre sponsors numerous conferences, public lectures, seminars and specific events covering issues of law and policy related to innovation and technology. Each year, the Faculty of Law invites distinguished faculty visitors who write and teach in the primary research areas of the CILP as part of the Distinguished Visiting Faculty Program.

Harold G. Fox IP Moot

Participated in 2012 and 2013. Winner of “Best Factum” in 2012. Winner of “Best Oral Advocate” and “Best Mooter, Non Graduating Year” 2013. Participating this year. Intensive Courses – usually one per year in the field 2013-14 IP, Medicine and Health / Johanna Gibson Clinical Program Clinical Legal Education: Innovation Law Clinic at MaRS: Advising Entrepreneurs and Innovators (LAW485Y1Y) / Richard Sutin Writing/Blogging Opportunities www.innovationlaw.org Student Organizations http://www.tipgroup.ca Artists’ Legal Advice Services Research Opportunities The Centre for Innovation Law and Policy sponsors research opportunities for JD students and five graduate fellowships of up to $25,000 each. IP Professors

Oxford IP Moot Information About Opportunities for Students to specialize in IP including by offering an intensive or clinical program or research opportunities in IP, or an opportunity to write or blog on IP developments, omitted from Summary

Abraham Drassinower

Biography: Abraham Drassinower, B.A., M.A., Ph.D., LL.B. (Toronto) is Associate Professor at the Faculty of Law, Chair in the Legal, Ethical and Cultural Implications of Technological Innovation. He joined the Faculty of Law in 1999, and served as the Director of the Centre for Innovation Law and Policy from 2006 to 2009. He previously held a Postdoctoral

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Fellowship in the Department of Political Science at the University of Toronto (1993-1995), and lectured principally on political philosophy at York University (1993-1995) and at the University of Toronto (19951998). He served as a Law Clerk to Mr. Justice John C. Major of the Supreme Court of Canada (1998-1999). Professor Drassinower's interests include property, intellectual property, legal and political philosophy, critical theory, and psychoanalysis. He has published in the areas of charitable trusts, unjust enrichment, intellectual property, and psychoanalysis and political theory. He is currently working on a book on the public domain in copyright law. Publications: "Copyright Infringement as Compelled Speech" Philosophy and Intellectual Property, Annabelle Lever, ed. (Cambridge University Press) http://www.cambridge.org/us/academic/subjects/law/intellectualproperty/new-frontiers-philosophy-intellectual-property#bookPeople "Copyright is Not About Copying" (2012) 125 Harvard Law Review Forum, 108-119. "A Note on Incentives, Rights and the Public Domain in Copyright Law" Notre Dame Law Review [forthcoming 2011]. "Una Prespectiva sobre la Dicotomía Idea/Expressión Basada en Derechos" (2010) Revista Latinoamericana de Propiedad Intelectual Vol.1 No.1 (Argentina). Language and Copyright (2009) co-edited with Ysolde Gendreau, Yvon Blais/Carswell and Bruylant publishers. "From Distribution to Dialogue: Remarks on the Concept of Balance in Copyright Law" (2009) 34 Journal of Corporation Law 991, special Symposium Issue on Invention, Creation and Public Policy. Reprinted in 06 Anuario Andino de Derechos Intelectuales (Perú, 2010), in press. "Exceptions Properly So-Called" (2009) in Language and Copyright, co-edited with Ysolde Gendreau, Yvon Blais, Carswell and Bruylant publishers. “Canadian Originality: Notes on a Judgment in Search of an Author” (2009) in Ysolde Gendreau, ed., An Emerging Intellectual Property Paradigm: Perspectives from Canada, Edward Elgar Publishers; Reprinted in Audhinarayana Vavili, ed., Creativity and Originality: Copyright Dilemma (India: Amicus Books, Icfai University Press, 2010). http://www.amazon.ca/Emerging-Intellectual-Property-ParadigmPerspectives/dp/1847205976 “Authorship as Public Address: On the Specificity of Copyright vis-à-vis Patent and Trade-Mark” (2008) 1 Michigan State Law Review. Ariel Katz Biography: Ariel Katz is an Associate Professor at the Faculty of Law, University of Toronto, where he holds the Innovation Chair in Electronic Commerce. Professor Katz received his LL.B. and LL.M from the Hebrew University of Jerusalem and his SJD from the University of Toronto. His general area of research involves economic analysis of competition law and

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intellectual property law, with allied interests in electronic commerce, pharmaceutical regulation, the regulation of international trade, and particularly the intersection of these fields. Between 2009 and 2012 Professor Katz was the Director of the Centre for Innovation Law and Policy. Prior to joining the University of Toronto Professor Katz was a staff attorney at the Israeli Antitrust Authority. While there, he litigated several merger appeals and restrictive arrangements cases before the Antitrust Tribunal and negotiated regulatory settlements. Professor Katz currently teaches courses on intellectual property, cyberlaw, and the intersection of competition law and intellectual property, and shares some of his current thoughts on these issues on his blog. Publications: "Beyond Refusal to Deal: A Cross-Atlantic View of Copyright, Competition and Innovation Policies" (Forthcoming, 2012) 78 Antitrust Law Journal (with Paul-Erik Veel). "Beyond Search Costs: The Linguistic and Trust Functions of Trademarks" 2010 BYU Law Review 1555 (2010). "Copyright Collectives: Good Solution, But For Which Problem?", in Working Within the Boundaries of Intellectual Property (R. Dreyfuss, H. First & D. Zimmerman, eds.) (Oxford: Oxford University Press, 2010). "Commentary: Is Collective Administration of Copyrights Justified by the Economic Literature?" in Intellectual Property and Competition Law (M. Boyer, M.J. Trebilcock & D. Vaver, eds.) (Toronto: Irwin Law, 2009). "Substitution and Schumpeterian Effects Over the Life Cycle of Copyrighted Works" (2009) 49 Jurimetrics J. 113. "Pharmaceutical Lemons: Innovation and Regulation in the Drug Industry" (2007) 14 Michigan Telecommunications and Technology Law Review 1. "Making Sense of Nonsense: Intellectual Property, Antitrust, and Market Power" (2007) 49 Arizona Law Review 837. Richard Owens [adjunct] Biography: Richard Owens is a lawyer specializing in business and commercial law, intellectual property and technology. Richard is past chair of the board of directors of the University of Toronto Innovations Foundation, and a member of the advisory committee to the Office of the Privacy Commissioner of Canada. He is a member of the board of the Center for Innovation Law and Policy at the University of Toronto Faculty of Law, and has been a long-serving director of the International Technology Law Association, and has led several of its committees. Richard also teaches courses on the law of information technology and electronic commerce, innovation law and policy, intellectual property, digital content and the interests of the artist, and the law and policy of biotechnology, all at the University of Toronto Faculty of Law, where he also served as the Executive Director of the Centre for Innovation Law and Policy. Richard has written and published widely on the law of information technology, privacy, and the regulation of financial institutions. He has served drug companies and others in regulation,

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technology, intellectual property strategy and patent law, licensing and other areas. He has been repeatedly recognized as one of Canada’s leading technology lawyers. Publications: Richard C. Owens, "Noises Heard: Canada’s Recent Online Copyright Consultation Process—Teachings and Cautions." IP Osgoode 19 (2010). Aaron Sawchuk [adjunct] Biography: Aaron Sawchuk, BA, MA and JD from the University of Toronto and a LLM from Harvard (where he was a Fulbright Scholar). Aaron is the Intellectual Property Enforcement Counsel for Research in Motion. Prior to his position at RIM, Aaron was the Director of Policy, Enforcement and Regulatory Affairs for the Canadian Recording Industry Association. Publications: No recent publications related to Intellectual Property-related matters. Johanna Gibson Biography: Professor Johanna Gibson is Herchel Smith Professor of Intellectual Property Law and Director of the Queen Mary Intellectual Property Research Institute (QMIPRI), Queen Mary University of London, where she researches and teaches in intellectual property law and policy. She consults regularly to industry and the profession and is the Chair of the Expert Advisory Group on Trade and Development for the UK Intellectual Property Office (IPO) as well as an author of the DGResearch and Innovation expert report on international knowledge transfer (2011) and Project Lead on the IPO research into lookalike packaging and consumer protection (2013). Johanna is the author of numerous articles and books and is consultant editor with Lord Hoffmann for the Queen Mary Journal of Intellectual Property. Before moving to academia, Johanna was in commercial practice in intellectual property, media and competition law at a top-tier law firm in Melbourne, Australia. Publications: Creating Selves: Intellectual Property and the Narration of Culture (2006), cited with approval in the Gowers Review Forthcoming: The Logic of Innovation (2013) Community Resources: Intellectual Property, International Trade and the Protection of Traditional Knowledge (2005) Intellectual Property, Medicine and Health (2009) Editor of Patenting Lives: Life Patents, Culture and Development (2008)

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Pascale Chapdelaine Biography: [adjunct] Pascale Chapdelaine, LL.B and B.C.L. (McGill) 1989, LL.M. (K.U. Leuven, Belgium) 1991. Member of Le Barreau du Québec (1992) and of the Bar of Ontario (1999), Ph.D. Osgoode Hall Law School (2013). Pascale is presently Visiting Scholar and Adjunct Professor at the University of Toronto, Faculty of Law and was recently Academic Visitor at the University of Oxford, Faculty of Law (OIPRC, St-Peter’s College, 2012-2013). Pascale practiced law for more than 14 years in the area of intellectual property and corporate/commercial law, mainly in the telecom industry (i.e. between 1995 and 2006). As VicePresident and Executive Director Intellectual Property of Bell Canada and BCE Inc., she was responsible for the overall management of Bell Canada and affiliates intellectual property. Prior to joining Bell Canada, Pascale was an associate with the Montréal-based law firm Lavery, de Billy in the area of corporate, commercial and securities law. Before that, she was a Teaching and Research Associate at the Faculty of Law of the K.U. Leuven, Belgium. Pascale has taught and has conducted research in International Intellectual Property Law in New Zealand as Visiting Senior Lecturer, University of Otago, Dunedin (2007) and in Belgium as Visiting Researcher, Centre for Intellectual Property Rights, KU Leuven (2006-2007). Pascale is the recipient of a Joseph-Armand Bombardier CGS Doctoral Award (SSHRC) and other prizes for her research work and publications. Pascale’s doctoral thesis, The Copyright Consumers’ Bargain, focuses on defining consumers’ rights to commercial copies of copyright works in an ever evolving technological environment. Her research interests include: Copyright Law, International Intellectual Property law, Property Law, Consumer Law and the Regulation of the Legal Profession. Pascale is member of professional associations including IP Osgoode, and is a frequent speaker at conferences and symposiums. Donald Cameron [adjunct] Biography: B.A.Sc., Engineering Science (Toronto) 1975, M.A.Sc. Aerospace Studies (Toronto) 1976, LL.B. (Toronto) 1979, Registered Professional Engineer (Ontario) 1980, was admitted to the Bar of Ontario in 1981. Through his professional corporation, he is a partner of Bereskin & Parr LLP. He practises primarily in intellectual property litigation and protection. He is also an Adjunct Professor of Law at Osgoode Hall Law School, teaching the LL.M. Patents course and Department of Mechanical and Industrial Engineering, teaching "Intellectual Property: Protecting and Exploiting Inventions" in the M.Eng. program. He is editor and a contributor to Carswell’s Canadian Patent Benchbook, editor of the Canadian Trade-Mark Benchbook, author of How to be an Effective Trial Witness and Preparing to be an Expert Witness videos for Canada Law Book and contributed to Jurisdiction, an IP law podcast at iplawpodcast.com. He is a member of numerous organizations including the Intellectual Property Institute of Canada, the Canadian Bar Association, The Advocate's Society, The American Bar Association and the Canadian Aeronautics and Space Institute.

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R. Scott MacKendrick [adjunct]

Biography: B.A.Sc., Chemical Engineering (Toronto) 1982, LL.B. (Queen's) 1985, was admitted to the Bar of Ontario in 1987. He is a partner of Bereskin & Parr LLP, practising primarily in intellectual property litigation, the acquisition of intellectual property rights and the licensing of those rights. He has lectured on intellectual property and information technology topics at the law schools of the University of Toronto, Osgoode Hall Law School and University of Victoria, and has spoken on IP topics at programs at McGill University and the National Autonomous University of Mexico. He has also written extensively on IP topics. He has been vice-chair of the University of Toronto’s College of Electors, and is a recipient of the University’s Arbor Award. He is a member of numerous organizations concerned with intellectual property, including the Intellectual Property Institute of Canada, the Canadian Bar Association, the International Trademark Association and the American Intellectual Property Law Association. Biography: Dr. Jayson Parker is a Lecturer in the Master of Biotechnology Program and the Institute for Biomaterials and Biomedical Engineering at the University of Toronto. His appointment is in the faculty of Biology. His main research interest is in risk assessment of clinical trial design in diverse disease areas. Dr. Parker's teaching interests include clinical trial design, patents, off-label drug use, biologic therapies, medical marketing, implantable medical devices and therapeutic safety. He is also currently a medical/scientific advisor to the hedge fund Burlington Capital Inc, which has a 100 million in assets under management. Most recently, he was a medical liaison for Schering Plough’s biologic infliximab (Remicade) and for Novo Nordisk’s biologic rfVIIa (Novoseven/Niastase). He has been a “buy side” stock analyst covering the life sciences for Investor’s Group and the Director of Medical Science Equities at AIC limited, both prominent mutual fund companies. His research experience includes brain imaging of Alzheimer’s disease (Sunnybrook hospital), animal models of alcohol abuse (Addiction Research Foundation) and animal models of schizophrenia (University of Toronto). His Doctoral work was on brain trauma (sensory map plasticity) and his Master’s research on cocaine addiction (reward pathways). During his MBA he focused on competitive intelligence issues in biotechnology.

Dr. Jayson Parker [adjunct]

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Margaret Jane Radin [visiting, Internet Commerce]

Biography: Margaret Jane Radin, the Henry King Ransom Professor of Law, Univ. of Michigan Law School, teaches courses about contracts and patents, as well as those dealing with property theory, the interaction between property and contracts, and the evolution of property and contracts in the digital era. She authored Boilerplate (Princeton University Press, 2012), which explores the problems posed for the legal system by adhesion contracts and how they might be ameliorated. She also has written two books exploring the problems of propertization: Contested Commodities (Harvard University Press, 1996) and Reinterpreting Property (University of Chicago Press, 1993), and coauthored a casebook, Internet Commerce: The Emerging Legal Framework, Second Edition (Foundation Press, 2005). Prof. Radin has taught at the University of Southern California, Stanford University, Harvard University, University of California, Berkeley (Boalt Hall), and New York University. In 2006-2007, she was the inaugural Microsoft Fellow in Law and Public Affairs at Princeton University. In 2008, she became a fellow of the American Academy of Arts and Sciences. Prof. Radin received her AB from Stanford, where she majored in music, and her MFA in music history from Brandeis University. She was advanced to candidacy for the PhD in musicology at UC Berkeley before she changed her career path to law and received her JD from the University of Southern California in 1976. She remains an avid amateur flutist. Publications: Margaret Jane Radin, Boilerplate: The Fine Print, Vanishing Rights, and the Rule of Law. Princeton, N.J.: Princeton University Press, 2012. Margaret Jane Radin, "Property Longa, Vita Brevis." Wis. L. Rev. (2011): 111. Margaret Jane Radin, "A Comment on Information Propertization and Its Legal Milieu" Clev. St. L. Rev. 54 (2006): 23. Margaret Jane Radin, "The Rule of Law in the Information Age: Reconciling Private Rights and Public Values." JL Phil. & Culture 4 (2009): 83. Margaret Jane Radin, "Copyright Defection." Industrial and Corporate Change 15.6 (2006): 981-993.

Richard S. Sutin [adjunct]

Biography: Senior Partner, Norton Rose Fulbright Richard Sutin handles capital market transactions and mergers and acquisitions for private and publicly traded corporations, provides ongoing corporate and securities law advice to issuers and financial intermediaries, regularly advises boards of directors and special board committees, and mediates shareholder disputes. Mr. Sutin is co-chair of the firm’s Canadian cleantech team and a past member of the advisory committee to the Ontario Securities Commission.

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University of Victoria IP Courses Link: Intellectual Property (Robert G. Howell) A study of the concept of intellectual property and the principles and policies of selected areas of intellectual property law, primarily: (a) registered trademarks and related common law provisions and (b) copyright in its categories of "literary," "dramatic," "musical," and "artistic" works and with a focus upon new technologies such as photocopying, videotaping and computer programming. Includes a brief introduction to the law and policies of patents, industrial designs and confidential information. Where appropriate, attention is drawn to the interrelationship and boundary issues between the categories that together comprise the subject of intellectual property. Explores processes and framework for obtaining, retaining, assigning and licensing selected Intellectual Property Rights (IPRs) including industrial and entertainment-related IPRs. Instruction and evaluation will involve principally the completion of appropriate documentation and will include strategies for protecting, managing and marketing IPRs.

Managing Intellectual Property (Professor Robert Howell : Coordinator Mr Tim Lo, Partner, Smart & Biggar, Vancouver Mr Ted Sum, Partner, Smart & Biggar, Vancouver Mr Brad Danks, Chief Operating Officer, OUTtv, Vancouver , Entertainment Lawyer Mr Jeff Young , Media and Sports Lawyer) Patent Law (Steve Ferance)

A study of the principles and practical implications of patent protection in Canada. Discussions will include the fundamental concepts of patentability, validity, infringement and commercial exploitation of patentable technology, ultimately leading to a focus on the Canadian patent growth area of pharmaceutical and biotechnological product and process protection. There will also be a brief comparative view of the United States' and Japanese systems in contrast to the Canadian patent system. Analyzes copyright law and policy in the United States and Canada. Comparison is also made between “copyright” in Anglo-American common law jurisdictions and droit d'auteur (“author's rights”) in civil law jurisdictions, with France as the example. Legal theories and the relationship of both systems with “traditional knowledge” or cultural property are considered.

Comparative Copyright Law (every second year) (Robert G. Howell)

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Harold G. Fox IP Moot

Participated in 2012. IP Professors

Robert G. Howell

Biography: Professor Howell joined the Faculty of Law as Assistant Professor in 1980 and was promoted to Professor in 1993. From 1977 to 1979, he was a part-time tutor at Victoria University of Wellington, and he was a Teaching Fellow at the University of Illinois from 1979 to 1980. Professor Howell was co-director of the International Intellectual Property Summer Program from 2002-2007 and he currently teaches Property, Intellectual Property, Private International Law (Conflict of Laws), Managing Intellectual Property, Telecommunications, and Internet-related law. His research interests include intellectual property, technology, telecommunications, private international law, and Asia-Pacific issues. He has published extensively and has organized several international conferences and seminars. Publications: Intellectual Property, Private International Law, and Issues of Territoriality: http://www.ipic.ca/reviews/CIPR1314.pdf.

Steve Ferance [adjunct]

Publications: Stephen Ferance is a partner at Smart and Biggar. He has over a decade of experience in patent and industrial design prosecution and drafting, particularly those involving high-tech inventions. Mr. Ferance has in-depth experience with every stage of the portfolio development process, including: meeting with clients to identify their commercial objectives; gathering the necessary information to prepare applications suitable for filing in the jurisdictions of their choice; filing and prosecuting patent applications; preparing responses to Examiners' reports until the applications are allowed and granted; and providing infringement and validity opinions. Mr. Ferance also has experience representing clients in oral hearings before the Patent Appeal Board at the Canadian Intellectual Property Office and the filing and prosecution of applications under the Patent Cooperation Treaty. For domestic clients, Mr. Ferance maintains a hands-on approach to all foreign applications, providing detailed instructions to our associate law firms on how to handle responses to Examiners' reports and other aspects of prosecution. For all types of clients, he provides strategic patent portfolio management advice, including strategies for prosecuting multiple related patent applications while avoiding self-collision and other risks in Canada and other countries of interest. The majority of Mr. Ferance's client activities involve foreign patent law firms acting on behalf of technology companies in the United States, Europe, Japan, Korea, Australia, New Zealand, China and other countries worldwide. He also works with Canadian technology

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innovation companies, Canadian law firms that do not have patent departments, and foreign technology companies. Mr. Ferance's experience teaching patent law at the University of Victoria, his experience with the Electronics and Computer Law Committee of the American Intellectual Property Law Association, and his authorship of numerous articles on Canadian patent law have afforded him unparalleled expertise in the legal requirements for patentability of high-tech inventions in Canada and the United States, particularly in relation to statutory or patent-eligible subject matter. Mr Tim Lo [adjunct] Biography: Timothy Lo is a partner at Smart & Biggar. His practice has focussed on trade-marks and litigation in all areas of intellectual property for over 15 years. Mr. Lo has in-depth experience in preparing and prosecuting trade-marks in Canada, managing trademark portfolios for clients worldwide, performing trade-mark clearance searches, and representing clients in oppositions and section 45 proceedings before the Canadian Trade-marks Office. His litigation experience involves preparing cease & desist letters, and representing clients before the Federal Court of Canada and British Columbia Supreme Court. Mr. Lo also advises clients regarding domain name issues and provides patent infringement and validity opinions. Mr. Lo's client activities involve associate firms from the United States and around the world, large multi-national corporations and small to medium local businesses. Mr Ted Sum [adjunct] Biography: Theodore Sum is a partner at Smart & Biggar. His practice covers all aspects of intellectual property, with particular emphasis on licensing and commercialization, patent and trade-mark prosecution, intellectual property due diligence, online issues including privacy and security and counselling Canadian, U.S. and foreign clients on the strategic management and exploitation of their intellectual property assets. Mr. Sum works with domestic and international clients in numerous industries and with varied technologies and intellectual property, including clients in the high tech, software, energy, clean tech, aerospace, defence, robotics, telecommunications, transportation, mining and forestry industries. He has extensive experience advising on a broad range of intellectual property matters involving the research, development, acquisition, clearance, manufacturing, marketing, distribution, supply and exploitation of products, processes, devices, systems and related intellectual property. Mr. Sum has also built a strong practice in the development and execution of revenue generating licensing programs, including structuring, drafting, negotiating and rendering opinions on license

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agreements for various types of intellectual property-related assets and rights. Mr. Sum is regularly involved in advising on intellectual property matters relating to research and commercial collaborations and joint ventures, strategic alliances, technology transfers, IP-related commercial contracts (including manufacturing, distribution, supply or technical assistance agreements), marketing, advertising and merchandising agreements, and e-commerce and other onlinerelated agreements. Mr. Sum's technical training involved a combined focus on mathematics and computer science. His knowledge of software systems and architectures, computational science, modeling, programming languages, data structures and design, and computer graphics are an additional asset to clients operating in these areas. Mr. Sum is frequently involved in public speaking engagements covering a broad range of intellectual property and information technology issues. Mr. Sum is also the author of several papers on a variety of intellectual property and information technology law issues. Mr. Sum has been an instructor at the University of British Columbia Law School for many years, teaching intellectual property law. He has also been a lecturer on licensing at the University of Victoria Law School. Mr Brad Danks, Chief Operating Officer, OUTtv, Vancouver , Entertainment Lawyer [adjunct] Biography: I come from a legal background where I practiced as an Entertainment lawyer for more than 10 years. For a number of years after practicing law I consulted for a number of entertainment and new media companies regarding matters from financing, business planning and development of new strategies to adapt to the emerging digital distribution universe. I have been the COO of OUTtv for 5 years. I oversee all aspects of the operational side of the business including all corporate and legal affairs, strategy, acquisitions and programming, production, marketing, new media initiatives and joint ventures. OUTtv has more than tripled its subscriber base and quadrupled advertising dollars since 2006. In addition, I have developed and Executive Produced a significant number of feature films and television properties over the past 5 years. Mr Jeff Young , Media and Sports Lawyer) [adjunct] Biography: Jeff Young is an active member of the Law Society of British Columbia, Canada and the State Bar of California, USA. Jeff received his Juris Doctor from the University of British Columbia, where he also studied Commerce. He began his twenty-three year legal career in corporate and real estate law. He ultimately focused

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on intellectual property, new media, sports and entertainment, particularly in film/TV and music. Companies that have received his legal work include Fox Family Channel, the OutTV Network, the Vancouver Whitecaps, Shavick Entertainment, the Shaw Rocket Fund, and the Vancouver Organizing Committee for the 2010 Olympic and Paralympic Winter Games (click here to view the participation medal and certificate). During his successful legal career, Jeff has negotiated with major entertainment and media corporations including Virgin, BMG, Disney, Sony and Warner/Chappell. He acted for and advised a Grammy and other award winning artists, and was a managing partner of an entertainment law boutique that represented international, local major, and independent film and TV clients. He currently acts for a number of Vancouver music publishers, film companies, sports franchises and live entertainment venues in negotiating business deals involving media, film, music, sports and entertainment. As a post-secondary educator, Jeff currently teaches Film Law and New Media Law in the Faculty of Business, School of New Media at the British Columbia Institute of Technology and was the founding Head of the Entertainment Business Management Diploma Program at the Vancouver Film School. Jeff was also formerly the head instructor of the Public Speaking program at the University of British Columbia Faculty of Commerce and taught and wrote adjunct curriculum for the Continuing Legal Education Society of British Columbia.

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University of Western Ontario IP Courses Link (General): http://www.law.uwo.ca/academic_programs/course_offerings.html Link (IP & IT): http://www.law.uwo.ca/academic_programs/course_offerings.html#intellectual property and IT Intellectual Property (Margaret Ann Wilkinson) This course consists of a survey of the law of confidential information, patents, trademarks, copyright and related intellectual property protections. The course will emphasize development of the ability to select and explain the most appropriate legal devices to protect various aspects of marketing and business names, information, works in various media, commercial products and technology A study of selected topics in copyright, trademark, industrial design and specialized protection regimes. Topics could include collective administration of copyright, copyright administration in the online environment, moral rights in the international context, domain name administration, the conduct of trademark opposition proceedings, and the convergence of distinguishing guise in trademark with industrial design and copyright. This course presents a comparative analysis of the Canadian Copyright Act with the laws of other selected jurisdictions. Emphasis will be placed on current issues and problems in the formation, implementation and evaluation of copyright policies, including critical analysis of pending legislation and the impacts of international treaties and agreements. The course deals with the nature and sources of international protection for patents, trademarks and copyright. It covers treaties and international organizations that deal with these subjects, particularly the World Intellectual Property Organization (WIPO), the World Trade Organization (WTO), and the United Nations Conference on Trade and Development (UNCTAD). It also examines plurilateral and multilateral agreements in the field. Prerequisite: Intellectual Property. Three credits, one term. This course aims to provide students with an understanding of the legal, policy and business issues which animate the entertainment industry and which confront lawyers practicing in this area. The primary elements of the Canadian "entertainment" industries will be covered, using a modular approach which focuses on the primary facets of the industry in which clients require representation, including film and television, music, book publishing and reporting. The impact of digital delivery mechanism on law business models will be assessed and discussed throughout. While rooted in practical examples, the course also explores the theoretical and ethical issues which inform the law and practice. Course materials will include precedent contracts, industry reports and critical assessments of business practices. Three credits, one term.

Advanced Intellectual Property (David Schnurr and Jason Hynes)

Comparative copyright (Samuel Trosow)

International Protection of Intellectual Property (Margaret Ann Wilkinson)

Entertainment Law (Bob Tarantino)

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Franchise Law (Larry Weinberg)

This course will deal with the legal and business issues that arise in the field of franchising and distribution. Topics of study will include: the pros and cons of franchising as a business model; the legal definition and regulation of franchising; the nature and structure of the franchisor/franchisee relationship; franchise agreements and documents; different methods of franchising; disclosure requirements; franchise associations and advisory councils; intellectual property and competition issues in franchise law; franchise litigation, dispute resolution and remedies; transactions within franchise law; and international franchise law. Two credits, one term The course will focus on Canadian media law. Media law brings together elements from a number of different areas - most prominently criminal law, constitutional law and the law of torts. Media law applies equally to all media of communication. The course is organized around four key concepts: freedom of expression and the Constitution, State security and public order, free expression and the courts, and free expression and private rights. Three credits, one term. (None Available)

Media Law (Samuel Trosow)

Censorship, Privacy and Secrecy in the Information Age (Amy ter Haar) IP Specialization

Western Law has an Area of Concentration in Intellectual Property, Information and Technology Law through which JD students can obtain a notation of completion on their transcripts upon graduation. There are a number of components to the area: Intellectual Property is required and is therefore offered annually. International Protection of Intellectual Property is also required and therefore offered annually. Administrative Law is required and offered 2x each year. Participated in 2012 and 2013. Winner of “Best Mooting Team” and “Best Mooter, Non Graduating Year” in 2012. IP Professors

Harold G. Fox IP Moot

Margaret Ann Wilkinson

Biography: Awarded the Ontario Library Association Les Fowlie Intellectual Freedom Award 2012, “for her tireless effort in advocating for the principles of balance, user rights and fair dealing on behalf of the Canadian Library community.” Faculty Scholar and Director of the Area of Concentration in Intellectual Property, Information and Technology Law. Professor Wilkinson, prior to her graduate studies (supported, inter alia, by a Social Science and Humanities Research Council doctoral fellowship), practiced law in Toronto for several years. She first joined the Faculty of Law in 1991. In 1992, she became jointly appointed to the Faculty of Law and the then Graduate School of Library and

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Information Science, now the Faculty of Information and Media Studies. She retains her supervisory status for doctoral students in Library and Information Science and her supervisory status in the Graduate Program in Law, but is, since 2007, fully appointed to the Faculty of Law. Her thesis on "The Impact of the Ontario Freedom of Information and Protection of Privacy Act, 1987 upon Affected Organizations", won the American Society for Information Science Doctoral Dissertation Award. Professor Wilkinson has spoken and published in the areas of intellectual property, information and media law, and information policy, including health information policy, as well as in the areas of management, professionalism and professional ethics Publications: Wilkinson, M.A., 2013 "The Context of the Supreme Court's Copyright Cases," chapter 3 in Michael Geist (ed) The Copyright Pentalogy: How the Supreme Court of Canada Shook the Foundations of Canadian Copyright Law (Ottawa: University of Ottawa Press), 71-92. Available at http://www.press.uottawa.ca/the-copyright-pentalogy Hagen, G., Hutchison, C., Lametti, D., Reynolds, G., Scassa, T., and Wilkinson, M.A., 2013. Canadian Intellectual Property Law: Cases and Materials. Toronto: Emond Montgomery, available at http://emp.ca/canadian-intellectual-property-law-cases-andmaterials.html. Wilkinson, M.A., 2013. "The Confidentiality of Seclusion: Studying Information Flows to Test Intellectual Property Paradigms," in Mistrale Goudreau and Teresa Scassa (eds) Intellectual Property for the 21st Century: Multidisciplinary Perspectives on Intellectual Property Law; forthcoming. Wilkinson, M.A., 2013. "Prior Art Collaboration: Re-balancing public and patent through peer participation” in Graeme Dinwoodie (ed) Methods and Perspectives in Intellectual Property (Edward Elgar); forthcoming. Wilkinson, M.A., "Rights, not gifts, for trusted intermediaries for 1st Theme: Access, Identification, Circulation & Re-Use" (Address, delivered at The Memory of the World in the Digital Age: Digitization and Preservation, UNESCO Conference, Vancouver, 26 September 2012), [unpublished] Wilkinson, M.A. 2011 “Access to Digital Information: Gift or Right?,” chapter 14 in Mark Perry and Brian Fitzgerald (eds) Knowledge Policy for the 21st Century: A Legal Perspective (Toronto: Irwin Law), 313340. Perry, M., and Wilkinson, M.A. 2010. " The Creation of University Intellectual Property: Confidential Information, Data Protection, and Research Ethics," Canadian Intellectual Property Review 26: 93-122. Wilkinson, M.A. 2010. "Copyright, Collectives, and Contracts: New Math for Educational Institutions and Libraries" in Michael Geist (ed.) From "Radical Extremism" to "Balanced Copyright": Canadian Copyright and the Digital Agenda (Toronto: Irwin Law, 2010), 503-540

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Wilkinson, M.A. 2010. "Confidential Information and Privacy-Related Law in Canada and in International Instruments" in Chios Carmody (ed.) Is Our House In Order? Canada's Implementation of International Law (Montreal & Kingston: McGill -Queen's University Press, 2010), 275-311. Wilkinson, M.A., and Nilsen, K. 2010. "Information Policy and the Canadian Library Association," Felicitor 56(2): 64-67. Wilkinson, M.A., and Gerolami, N. 2009. "The Author as Agent of Information Policy: the Relationship between Economic and Moral Rights in Copyright,"Government Information Quarterly 26: 321-332 Wilkinson, M.A. 2008. "Battleground between New and Old Orders: Control Conflicts between Copyright and Personal Data Protection," in Ysolde Gendreau (ed.) Emerging Intellectual Property Paradigm -Perspectives from Canada [Queen Mary Studies in Intellectual Property series edited by Uma Suthersanen] (Cheltenham (UK): Edward Elgar, 2008), 227-266. David Schnurr Biography: David is a lawyer and partner in Miller Thomson’s Waterloo office. He is a Registered Canadian and U.S. Patent Agent, having passed the Patent Agent Examinations on his first attempt. David is also a Registered Canadian and U.S. Trade-mark Agent. David’s practice focuses on Intellectual Property and Information Technology law, and includes the provision of legal services in respect of patents, trade-marks, copyright, and industrial designs, including the preparation, filing, prosecution, registration and maintenance of such applications, the preparation of patentability and trade-mark registrability opinions, IT outsourcing projects, trade-marks opposition and cancellation proceedings, and domain name disputes. Notably, David has prosecuted hundreds of patent and trade-mark applications around the world and manages significant IP portfolios for several of the firm’s global clients. Publications: No recent publications in Intellectual-Property related matters. Samuel Trosow Biography: I am jointly appointed to the Faculty of Information and Media Studies (FIMS) and to the Faculty of Law. I am currently a Network Investigator and Theme Leader with the GRAND NCE. At FIMS I have taught Perspectives in LIS, Information Policy, Legal Issues for Information Professionals, Legal Information Sources and Services, International Documents, Political Economy of Information and a graduate seminar entitled "Copyright, Creativity, Technology and the Music Industry" which is a joint listing between Media Studies, LIS and the Popular Music and Culture program. At the law school, I have taught Intellectual Property, International Protection of Intellectual Property, Information Law, Advanced Copyright Seminar,Urban Law, Comparative Copyright, Media Law and the Graduate Seminar in Legal Theory. In 2012-13 I will be teaching Perspectives in LIS and an

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undergraduate version of Copyright, Creativity, Technology and the Music Industry (to be jointly listed between Music and MIT). In the law school I will be teaching Media Law and Comparative Copyright. Publications: Forthcoming: “Fair Dealing in Canadian Digital Environments – a Historical Introduction” in Dynamic Fair Dealing: Creating Canadian Culture Online (Rosemary J.Coombe, et. al., eds, University of Toronto Press.), http://www.utppublishing.com/Dynamic-Fair-Dealing-CreatingCanadian-Culture-Online.html Samuel Trosow, Michael B. McNally, Laura E. Briggs, Cameron Hoffman, Cassandra D. Ball, Adam Jacobs, and Bridget Moran. “Technology Transfer and Innovation Policy at Canadian Universities: Opportunities and Social Costs” SSHRC Knowledge Synthesis Grant Report (May 15, 2012) “The copyright policy paradox: Overcoming competing agendas within the digital labour movement” Ephemera: Theory and Politics in Organization Volume 10, issue 3/4. Mobilizing User-Generated Content for Canada’s Digital Advantage (co-authors Jacquelyn Burkell, Nick Dyer-Witheford, Pamela McKenzie, Michael B. McNally, Caroline Whippey and Lola Wong) Final Report for SSHRC Knowledge Synthesis Grant (Dec 1, 2010). Canadian Copyright Law: A Citizen’s Guide (co-authored with Laura Murray, Between the Lines, 2007) Jason Hynes [adjunct] Biography: Jason’s patent practice focuses on mechanical, telecommunications and software innovations. Prior to joining Bereskin & Parr LLP, Jason gained valuable industry experience in litigation and patent preparation while working for a worldwide mobile communications company. Jason is Vice-Chair of the Intellectual Property Institute of Canada's (IPIC) Information Technology Committee and a member of their Trade Policy Committee. He is also the Chair of the Kitchener-Waterloo Intellectual Property Group (KWIPG). Biography: Karen is a member of the Intellectual Property Practice at Tory’s and has her PhD in pharmacology and toxicology. Her practice focuses on pharmaceuticals, biotechnology, food and drug law and intellectual property issues. She has substantial experience in all aspects of patents, including prosecution, and regulatory issues relating to acquiring, maintaining and defending patent rights. Karen also has significant expertise in advising on risk management of intellectual property and regulatory matters. She also assists clients interested in investing in life science companies in evaluating technologies and intellectual property portfolios. Karen is a registered patent agent in the United States. Biography: Megan's practice at Bereskin & Parr LLP focuses on trademarks, related litigation, licensing and marketing and advertising law. Megan

Karen Townsend [adjunct]

Megan Langley Grainger [adjunct]

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is a member of the Intellectual Property Institute of Canada’s (IPIC) Anti-Counterfeiting and Forums & Seminars committees. Prior to attending law school, Megan spent several years gaining valuable industry experience in the field of consumer packaged goods marketing while managing national brands. Elliott Gold [adjunct] Biography: Elliott Gold is a partner of Ridout & Maybee LLP in the firm's Toronto office. His practice covers a range of intellectual property areas including the preparation and prosecution of patent applications, trademark prosecution and opposition proceedings, as well as drafting and negotiating licensing agreements. Elliott is also active in the information technology practice area, particularly with the negotiation and drafting of agreements relating to the licensing and distribution of technology, and assisting with related litigation matters. Biography: Krishna serves as a Senior Director in the IP department at Cisco Systems. Cisco is the worldwide leader in networking technology that is transforming how people connect, communicate and collaborate. I am responsible for overall patent strategy at Cisco and aim to shape the portfolio to generate additional value through a variety of new initiatives. Krishna began his career with Research In Motion now known as BlackBerry when it was still a start-up. He organized and developed RIM's Patent Department from the ground up as its first inhouse patent counsel while also managing trademark, licensing and litigation responsibilities. Biography: Mark is a Partner at Norton Rose Fulbright. He practises exclusively in the area of intellectual property law, with an emphasis on acquisition, protection, commercialization and exploitation of patents, trade-marks and industrial designs. Before practising law, he worked as an engineer in the nuclear industry. Biography: Melissa practices at Polishuk Camman & Steele in London, Ontario. Melissa's practice focuses on serving the needs of owner operated corporations. She has worked locally in the area of business and with foreign investment in Ontario; particularly German investment, as she speaks it fluently. She has worked in Germany at an international law firm as well as in southwestern Ontario. Melissa is also completing a Master of Laws degree at the University of Western Ontario in the area of trademarks. Biography: Anita is an entertainment lawyer and the Founder and President of Studio Entertainment. She launched her career at Goodmans in Toronto, then relocated to the New York office of Morgan Lewis LLP, the fourth largest law firm in the U.S., where she practiced entertainment finance. Anita negotiated multi-million dollar financing arrangements on behalf of banks such as JPMorgan Chase for

Krishna Pathiyal [adjunct]

Mark Sajewycz [adjunct]

Melissa Loucks [adjunct]

Anita Sharma [adjunct]

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companies such as Lions Gate, Artisan and Revolution Studios. That experience gave her a strong understanding of entertainment law, intellectual property law and finance. Eventually her entrepreneurial spirit and desire to be a hands-on producer led to her starting her own entertainment law practice. Studio Entertainment Inc. continues to seek out and develop an active slate of projects on all platforms. Steven Ehrlick [adjunct] Biography: Steven Ehrlick has over 20 years’ experience practicing law within the music industry. He was the V.P. of Legal & Business Affairs at two major record companies in Canada, BMG and EMI as well as The Enclave, a US based label in New York where he also served, at times, as the general manager, head of new media and head of finance. Steven also managed the Human Resources departments at both EMI and The Enclave. The first ten years of Steven's career were spent in private practice as a sole practitioner and at the firms Hinkson & Associates and Miller Mills & Associates, concentrating his practice primarily in the music and film industries. Biography: Larry practices franchise law at Cassels Brock, with specific experience in all forms of franchising, licensing, trademarks, the distribution of goods and services and providing all necessary legal services to clients in the franchise industry. Larry is currently Chair of the Ontario Bar Association's Franchise Law Section, having been a founding member of the Section’s Executive. Larry is an active member of the American Bar Association Forum on Franchising, the International Bar Association Committee on Franchising, and the Canadian Franchise Association. Biography: Lorian Hardcastle, JD with Health Law and Policy Specialization Certificate (Dalhousie) 2004, LLM (University of Toronto) 2006, SJD (University of Toronto) expected 2012, is a Visiting Scholar and Adjunct Professor at the University of Toronto. Her primary areas of research include health systems organization and financing, patient safety, health sector governance and accountability, and hospital and governmental liability. Prior to her current appointment, Lorian was a Fellow at the O’Neill Institute for National and Global Health Law at Georgetown University Law Center. She has held several positions in the health sector, including Senior Policy Advisor with the Health System Strategy and Policy Division of the Ontario Ministry of Health and Long-Term Care, Associate in the health law practice group at Miller Thomson LLP, and researcher in the Calgary Health Region Legal Department. Biography: Harj, BSc Hons. (Medical Biophysics), LLB is a registered trade-mark agent and had practiced law in the Province of Ontario since 1999 with firms in Toronto before joining Anissimoff Mann Professional Corporation. He specializes in commercial and intellectual property litigation. He has conducted litigation at the Superior Court of Justice

Larry Weinberg [adjunct]

Lorian Hardcastle [adjunct]

Harj Mann [adjunct]

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and appeals at the Divisional Court of Ontario and Court of Appeal and has appeared before the Ontario Court of Justice and the Federal Court of Canada and Federal Court of Appeal. In 2012 Harj was called to the Bar of Alberta. Bassem Awad [adjunct] Biography: Dr. Awad, a specialist in intellectual property, is a Counselor and Judge at the Judicial Department of Abu Dhabi, United Arab Emirates. He also works as a tutor for the Academy of the World Intellectual Property Organization [WIPO] and as an Adjunct Professor at several universities. He has been working for several years as a Consultant for the African Union [AU] on Intellectual Property themes and is a Chief Judge at the Egyptian Ministry of Justice specialized in cases related to commercial law and intellectual property (copyright, patents and trademark). Dr. Awad obtained his Ph.D. and LL.M degrees in Intellectual Property from the University of Montpellier in France where he focused on the role of Patents in today's economy and their impact on developing countries. He also has an LL.M in International Business Law from University of Paris I (Panthéon-Sorbonne). He published several papers on copyright and access to knowledge; Copyright flexibilities in the Arab region; Patents and clean energy technology innovation; Patents and access to medicines; Intellectual property and consumer protection; Intellectual property in the digital environment; Enforcement of intellectual property rights.

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University of Windsor IP Courses Link: http://www.uwindsor.ca/law/academic-coordinator/system/files/2012-13%20Course%20Descriptions.pdf Copyright (Myra Tawfik) This course will provide a comprehensive look at Canadian copyright law, the venerable body of law designed to protect the products of human creative endeavour and to foster their dissemination ‘for the encouragement of learning’. This course takes a broad, practical approach to “Internet Law” and concerns itself with the legal issues that have arisen from the interconnection of computers and technology generally. The course covers broad themes such as intellectual property issues, jurisdictional issues, contracting, and privacy however; due to the eclectic nature of the course, the specific topics covered will vary from year to year. This course will introduce students to the basics of patent law. We will cover patentable subject matter, novelty, utility, non-obviousness, validity, infringement, and remedies. No technical background is required The purpose of this course is to examine and assess some of the legal doctrines commonly referred to as trademarks and unfair competition law. We will study the body of Canadian jurisprudence which establishes and defines the legal doctrines by which a trader's business reputation is established and protected - both at common law and by statute. We shall attempt assessment in light of the trade mark owners' interest in the commercial value of the trade mark and goodwill, the public interest in informative, honest trading and the consumer interest in the availability of quality goods from numerous sources at lower prices. No description available.

Internet Law (Emir Crowne)

Patent Law (Emir Crowne) Trademarks and Unfair Competition (Wissam Aoun)

Advanced IP/Business Law Practicum (Wissam Aoun) Harold G. Fox IP Moot

Participated in 2012 and 2013. Winner of “Best Oral Advocate” in 2012. IP Professors

Myra Tawfik

Biography: B.A Hons. (McGill), LL.B (McGill), B.C.L (McGill), LL.M (Queen Mary College, London-Intellectual Property Law), of Osgoode Hall, Barrister-atlaw, also of the Bar of Quebec (1986-2000) A former Associate Dean (1998-2000) and more recently, Acting Dean (JulyDecember 2011), Professor Tawfik currently teaches Copyright Law, Trademark Law and the Advanced IP/Business Law Practicum (the CEL course). She is the Director (Law) of the Centre for Enterprise and Law (CEL), a partnership with the Odette School of Business offering legal and business support to local entrepreneurs.

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Publications: Myra J. Tawfik, International Copyright Law, Access to Knowledge and Social Justice – S. Ilcan, ed., Mobilities, Knowledge and Social Justice (McGill-Queen’s University Press - in press) http://www.mqup.ca/mobilities-knowledge--and-social-justice-products-9780773541290.php Myra J. Tawfik, The Future of International Intellectual Property Law: Remembering the Past -(2012) 89 UDM LAW Review 373 Myra J. Tawfik, International Trademark Law (Chapter 14) in B. Amani, C. Craig Trademarks and Unfair Competition: Cases, Materials and Commentary (Toronto: Carswell, 2011) Myra J. Tawfik, History in the Balance: Copyright Law and Access to Knowledge in Geist M., ed From "Radical Extremism" to Balanced Copyright (Toronto: Irwin Law, 2010) Sukanya Pillay and Myra J Tawfik, Internet Law, the Canadian Encyclopedic Digest (Toronto: Westlaw Carswell, 2008) Myra J. Tawfik, When Intellectual Property Rights Converge: Tracing the Contours and Mapping the Fault Lines 'Case by Case' and 'Law by Law' in An Emerging Intellectual Property Paradigm: Perspectives from Canada, Gendreau Y., ed., (London: Edward Elgar, 2008) Myra J. Tawfik, No Longer Living in Splendid Isolation: The Globalization of National Courts and the Internationalization of Intellectual Property Law (2007) 32 Queen's LJ (no. 2) 573-601 Emir Crowne Biography: Emir Aly Crowne has been a member of the Faculty of Law since 2007. His research interests include all aspects of Intellectual Property (domestic, comparative and international), Information Technology Law (broadly defined), the Legal Profession (in particular, issues of Access, Diversity and Equity), Legal Education & Mooting, Human Rights, Gaming Law and Contract Drafting / Negotiation. Professor Crowne has worked in-house for several publicly traded IT companies and negotiated and managed several multi-million dollar contracts. He has also drafted and filed several dozen patent and trade-mark applications, in Canada, the US and Europe. Publications: Patent Law in Canada (to be co-authored with the firm of Ridout & Maybee LLP), bound student edition (forthcoming 2012) and practitioner’s loose-leaf (forthcoming 2013). Canada Law Book: Toronto, Ontario. “The Patentability of Professional Skills and Business Methods in Canada”, Journal of Intellectual Property Law & Practice (Oxford), Vol. 5, No. 2, 2010. “DRM Roll Please: Is Digital Rights Management Legislation Unconstitutional in Canada?”, jointly authored with Yonatan Rozenszajn, Journal of Information Law & Technology (JILT), 2009 (2).. “Parody as fair dealing in Canada: A guide for lawyers and judges”, Journal of Intellectual Property Law & Practice (Oxford), Vol. 4, No. 7, 2009. “Moral Rights and Mortal Rights in Canada”, Journal of Intellectual Property Law & Practice (Oxford), Vol. 4, No. 4, 2009. “Playing Games With The Jurisprudence: Are Casino Games Patentable In

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Canada?”, Gaming Law Review and Economics, Vol. 12, No. 6, 2008. Wissam Aoun [adjunct] Biography: Wissam Aoun is a corporate-commercial lawyer with a focus on technology and intellectual property law, specifically, patents, trademarks, confidential information, privacy and scientific research and experimental development (SR&ED). Having worked at one of Canada’s leading intellectual property boutique firms, Wissam is experienced in patent drafting, application and prosecution, trademark application and prosecution, and preparing all forms of licensing and contractual agreements. Wissam is particularly interested in public/private ventures including collaborative research between universities and private entities, as well as the specialized intellectual property needs of small-to-medium enterprises (SMEs) and technology start-up companies. Publications: No recent publications in Intellectual Property-related matters.

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York University, Osgoode Hall Law IP Courses Link:
https://apps.osgoode.yorku.ca/myosgood2.nsf/0/E33820D0907F18A485257A17006D1FBE/$FILE/2012_Osgoode_SyllabusV 2-Oct25.pdf

Copyright (Carys Craig)

This course is a study of the limited statutory monopoly granted to the authors of musical, literary, dramatic and artistic works under the Canadian copyright regime. From art and entertainment to education and information, copyright law affects almost every aspect of our lives. Through analysis of the Copyright Act and cases, the course aims to introduce students to substantive copyright law while critically assessing the copyright system in terms of its justifications and its public policy objectives. The course will examine the requirements for copyright protection, the kinds of works that qualify for protection (including computer software), and the scope of the rights granted to the copyright owner. Among the subjects to be explored are the nature of the owner’s ‘right’ in her work, the role of the public interest and the public domain, the meaning of authorship and originality, the dichotomy between protected expression and unprotected ideas, and the freedom of users to deal fairly with copyrighted works. By the end of the course, students will be familiar with the fundamentals of copyright law and the theoretical and political controversies that surround copyright in the modern age. This course deals with the law of patents in Canada. Patent law is one of the main headings of intellectual property law (along with copyrights and trademarks); trade secrets arise from a combination of contracts, equity and property law. The regime of patents protects inventions by granting inventors a limited monopoly of twenty years in exchange for disclosing the invention to society. The essential justification of the patent system is that it enables and rewards innovation. Arguments may also be made that patents afford a secure means by which inventions may be put to commercial use by investors. The course will examine the statutory basis of patent law in Canada, the judicial construction and interpretation of both primary and subsidiary regulations of Canadian patent law. The course will also locate developments in Canadian patent law in the context of international and regional transformations in the field. In this context, the course will explore contemporary controversies over the expansion of patent rights in biotechnology (from patenting mousetraps to patenting mice), and the shift from copyright protection to patent protection for computer programs. It is expected that at the end course, students would have a solid understanding of Canadian patent law as well as how international developments shape and influence Canadian patent law. The seminar explores the theory surrounding the protection of creative and commercial intangibles under the legal category of ‘intellectual property’ (IP). The emphasis is upon exploring the fundamental theoretical premises, principles, and policies that underpin IP systems. Over the last two decades, the power of IP rights-holders has expanded dramatically. It is important, therefore, to analyze the justifications for IP rights and their limits. The various theoretical foundations and critiques of IP include theories based in: Lockean

Patents (Ikechi Mgbeoji)

Intellectual Property Theory (Carys Craig)

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labour-desert, German idealist personality rights, economic utilitarianism, democratic governance, cultural studies, feminism, human rights, and poststructuralism. Legal Values: Reforming Copyright & Design Law (David Vaver) This seminar aims to provide students with a deep understanding of current copyright and designs legislation and policy and the challenges to reform. It will do so by examining the structure, content and language of current laws and attempting to develop an integrated copyright and designs code that is logically structured, user friendly, and attuned to the needs of a modern economy. The seminar will first consider the justifications for this branch of the law and the legal and political constraints in reforming it. Students will then take individual responsibility for reforming a field of copyright or designs law. They will write a preliminary memorandum on that field’s shortcomings in the context of an integrated intellectual property code, and how to address them. After feedback and any consequent revision of their memorandum, they will produce possible model provisions for that field. After further feedback, a final version of the proposed legislation will be produced. This seminar aims to provide students with a deep understanding of current patent and trade-mark legislation and policy and the challenges to reform. It will do so by examining the structure, content and language of current laws and attempting to develop an integrated patent and trade-mark code that is logically structured, user friendly, and attuned to the needs of a modern economy. The seminar will first consider the justifications for this field and the legal and political constraints in reforming it. Students will then take individual responsibility for reforming an area of patent or trade-mark law. They will write a preliminary memorandum researching that field’s shortcomings in the context of an integrated intellectual property code, and how to address them. After feedback and any consequent revision of their memorandum, they will produce possible model provisions for that field. After further feedback, a final version of the proposed legislation will be produced. This course will provide students an opportunity to survey all areas of IP: copyright, trade-marks, patents, trade secrets. It will also touch on privacy. As this course is meant to be an introductory course to IP, students wishing to specialize in IP are also open to take more specialized courses in Copyright, Patents, Trade-marks, as well as the other courses and seminars available in this area. There are no pre-requisites for this course and this course is not a pre-requisite for any of the other IP courses. The primary goal of this course is to examine the core doctrinal areas of IP through an analysis of the jurisprudence and legislation in these areas. The course will also provide students with a basic understanding of the justificatory and regulatory framework to the IP system, the often overlooked interplay among the various areas of IP and IP’s relationship to other core areas of the law. While Canada will be the main focus, students will be exposed to the international dimensions of IP and will learn about comparative approaches where relevant. This course is a study of the protection of ‘trade identity’ afforded by the exclusive right to use a trade-mark that indicates the source of a product or service. In other words, the course offers students the opportunity to learn about the legal protection of the logos and brands that are such an essential feature of today’s consumer culture, and so of modern marketing practices and the creation of commercial value. The focus is on the federal Trademarks Act

Legal Values: Reforming Patent & Trade-mark Law (David Vaver)

Intellectual Property (Barry Sookman/ Steven Mason/ Daniel Glover) [Adjuncts]

Trademarks (Kelly Gill) [adjunct]

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and its impact on private rights to regulate trademark use and unfair competitive practices. Topics to be examined include the common law action for passing off, the criteria for trademark registration, the basis for opposing an application or expunging a registration, distinctiveness, use and infringement. As well as familiarizing students with the substantive law in the area, the course seeks to assess trademark law from the point of view of its normative justifications and policy objectives. We will inquire into the basis of the rights protected and their appropriate limits, and examine the law in light of the various interests at stake: from the entrepreneur’s interest in preventing ‘freeriding’ to the competitor’s interest in free competition; and from the consumer’s interest in receiving good information and avoiding confusion to the public's interest in free expression Legal Values: Copyright in the Digital Age (Carys Craig) For creators and publishers of original works, new technology from the printing press to the phonograph to the blank cassette to the VCR has posed both new opportunities and new challenges. For the most part, copyright law has evolved to address these challenges. But how well do traditional copyright principles, developed in the heyday of the printing press, apply in the digital millennium? Building on the introductory course in Copyright Law, the objective of this new course is to examine some of the many issues and problems that the law must confront in this age of information and technological innovation. The question of copyright in the digital world implicates, in addition to the letter and spirit of the Canadian Copyright Act, issues of international law, policy, economics and new technology. New products and services are changing the way Canadians interact with creative content. In the digital marketplace, copyright law is a significant factor in determining whether creative content will be remunerated. The Government of Canada is concluding a decade long process of copyright reform. Does this reform facilitate new business models and tools for creators in the distribution of content or does it frustrate the expectations of consumers? In an age of file sharing, what protections do the music, motion picture, video game and book publishing industries have? How do rights holders negotiate amongst themselves for their share of the pie? How do the users of creative works navigate copyright clearance and royalty payments systems? As both legal advocate and lobbyist, what role do lawyers play in the digital economy? This course examines the international regulation of intellectual property rights. It also deals with the legal principles governing the domestic application of international law on intellectual property rights. The objective is to advance an understanding of the interaction between domestic and international law on matters of intellectual property law.

Law & Social Change: Law & The Creative Industries (Prof. Chauhan) [Adjunct]

International Aspects of Intellectual Property (Dr. Carys Craig/Prof. Mgbeoji) International and Comparative Copyright Law - Genest Global Faculty Program

This course includes a presentation of the international legal framework of copyright and related rights protection, with a comparative law approach. Its purpose is to allow an understanding of the origins, foundations, evolution and basic principles of the international intellectual property system. Attention will be devoted to the following treaties: Berne Convention, Rome Convention, TRIPS, WCT, WPPT, Beijing Treaty. Also current issues debated at international level will be discussed, such as exceptions and the needs of educational institutions, access to information of the visually impaired, the

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(Prof. Victor Nabhan) Entertainment and Sports Law (Professor Tony Duarte) [Adjunct]

adequacy of the current regime vis-à-vis the needs of developing countries, etc. A wrap up exercise will consist in acting as a prospective advisor for a developing country with respect to the compliance of its domestic Copyright law with international obligations. This seminar will cover issues of substantive law in the practice of entertainment and sports law, with a focus on the application of these principles to the film and television industry. The seminar will review relevant legal concepts in the areas of copyright, trade-mark, confidential information, defamation, and rights of privacy and personality as applied to entertainment and sports transactions. We will study typical contracts in which these legal concepts are applied as well as contractual customs and practices that impact the negotiation process across a spectrum of entertainment and sports industry agreements. This will include a review of legal issues presented in a book and life story rights acquisition agreement, scriptwriter agreement, performer agreement, sports standard player agreement, personal endorsement agreement, trade-mark license, music license, music publishing contract, book publishing contract, and live theatre license. The legal issues that arise in commercial trade in the industry will also be studied by an examination of key concepts in sales and distribution agreements, such as the exclusivity of markets; cross collateralization; royalties and other gross and net revenue participations; accounting transparency; and the pyramiding of fees. We will extend this to a study and in-class negotiation of the financing structure for a motion picture project from the perspectives of the many parties involved including investors, media licensees, bank lenders, completion guarantors, insurers, and producers. In this regard, we will also touch on issues in other substantive areas of law including secured lending in connection with intellectual property, legislation and regulations that govern production tax credits, the Canadian content certification process, and international co-production treaties. This will inform an understanding of the business and legal models for production and distribution of traditional media, such as film and television, as well as newer entertainment media, such as video gaming and social media.

Legal Values: Commercializi ng Intellectual Property (Professors Ed Fan and Loreto Grimaldi) Adjunct

Legal issues are crucial to the commercialization of new technologies. This course will focus on issues related to the creation, development, protection and exploitation of intellectual property rights as a business asset for both high- growth start-ups and established businesses. We will examine the entire process of creating, capturing, protecting, leveraging and transferring technology and ideas, including internal strategies designed to incent scientists and engineers engaged in innovation and idea generation; deciding whether, what, where, and how to obtain IP registrations and the related economics; the development of a commercialization strategy (selecting the target market and application for the idea) and business model; drafting and negotiation of technology transfer/licensing agreements; offensive and defensive IP strategies; assessing competitive IP; negotiating and interpreting IP sensitive contracts including licenses, confidentiality agreements and noncompetition agreements; transactional IP protection, with discussion on China, India and other emerging markets; and key technology specific legal issues relating to software, digital communications and data processing, mobile devices and social media, financial services and life sciences. The

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course will also address the financing options available to the high-growth start-up, including crowd-sourcing and other modern financing techniques. Media coverage of current developments will be introduced to enrich class discussions. This course will leverage the experiences and challenges from leading experts in the field and employ a variety of case-studies, including one of Ontario’s largest angel -funded start-up organizations, PharmaTrust (now MedAvail), a rapid-growth start-up in the pharmacy automation business. Intellectual Property Law and Technology Intensive Program (“IP Intensive”) (Director: Professor D. Vaver/Directo r: Professor Giuseppina D’ Agostino The IP Intensive provides students with training in intellectual property law (patents, trade-marks, copyright, industrial designs, trade secrets, etc.), technology, computer and Internet law, privacy and other areas. The first two weeks of classes feature workshops and lectures from prominent members of the IP community. These classes cover a range of topics aimed at teaching students fundamental aspects of substantive and procedural law applied in the day-to-day practice of IP law. Students are expected to participate in a variety of IP Osgoode events and projects as coordinated by the Director of the program. A key component of this clinical program is an 11-week internship with a member of the judiciary, a government agency, industry (e.g. a hightechnology company), or a public interest or other organization that is heavily involved with IP matters (e.g. a copyright collective society). The internship, together with periodic discussions and seminars, a major research paper, blogging exercises, and a seminar presentation, provides students with a comprehensive examination of important practical aspects of intellectual property law and technology. Launched in 2011, the IP Osgoode Innovation Clinic is a needs-based innovation to market legal clinic staffed by law students from Osgoode Hall Law School, and is run in collaboration with the Ontario Centres of Excellence’s Centre (OCE), who refers clients to the Innovation Clinic, and Torys LLP, the legal supervisory team that oversees the work of our student volunteers. No other IP program in Canada has founded a clinic with this type of public sector collaboration. The Innovation Clinic serves a clientele that is needs-based, under-serviced and often neglected in the IP community. The Innovation Clinic’s clients are individuals or start-up companies who do not have the resources to hire a lawyer, patent agent, or other advisors. Our student volunteers provide legal assistance to start-ups and by working pro bono, serve to minimize the client’s legal costs. The Innovation Clinic operates all year round and provides Osgoode students with practical training and work experience in IP law during the academic term as well as during the summer months. About 10 to 12 student volunteers are recruited every September to staff the Innovation Clinic during the academic term, and about 5 to 8 student volunteers are recruited every January to staff the Innovation Clinic during the summer months. Since the launch of the clinic in 2011, 30 Osgoode students have been recruited as volunteers at the clinic. Once recruited the student volunteers attend an orientation session run by the Innovation Clinic Director and Clinic Supervisor, and a 3 hour long training session run by the supervising lawyers at Torys LLP. By volunteering at the Innovation Clinic, students gain hands-on practical training and work experience in IP law under the training and supervision by

IP Osgoode Innovation Clinic Director: Professor Giuseppina D’ Agostino

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lawyers who have broad technical expertise and who are experts in the IP field. The Innovation Clinic offers intellectual property work within the jurisdiction of Ontario in the following four areas: (i) reviewing basic issues in business transactions involving IP; (ii) assisting with various steps early in the patent prosecution process (conducting basic prior art searches, reviewing basic provisional patent specifications); (iii) performing basic freedom to operate and clearance searches; and (iv) assisting with various steps early in the trademark prosecution process. Professional LLM in Intellectual Property Law (Directors: Professor Carys Craig and Martin Kratz, Q.C.,) Blogging Opportunitie s for students The two-year, part-time Professional LLM in Intellectual Property Law gives students the opportunity to strengthen their analytical and problem-solving skills, to deepen their understanding of the policies and principles that underlie intellectual property laws, and to broaden their knowledge of the social, economic, and technological considerations presented by emerging legal issues in this rapidly changing field.

The IPilogue (www.iposgoode.ca) is IP Osgoode’s Online Journal of IP Law and Technology. The IPilogue publishes analysis and commentary on current pressing intellectual property, technology, privacy and related legal issues. The IPilogue is known for its unbiased, evidence based discussion and informative presentation of current intellectual property law news and issues. The IPilogue has a wide-ranging following in Canada and internationally from government, industry, academia and from other expert groups and members of the general public. The IPilogue’s daily blog posts are written by an editorial team consisting of students from Osgoode Hall Law School and other Canadian and international law schools. The program engages law students in a rigorous learning experience, requiring in-depth research and writing on a weekly basis, including feedback to the students, and contributes to the richness of the intellectual property law and technology program at Osgoode Hall Law School and its attractiveness to students. No other IP program in Canada has created a successful student-focused IP blog like this. Since the blog’s inception in 2007, approximately 55 students have been recruited for the IPilogue editorial team. IPilogue Editors who have graduated continue to check the website and contribute to the IPilogue creating a strong and vibrant IP Osgoode community. Our reach extends across Canada and around the world in addition to law students from Osgoode Hall Law School, the IPilogue editorial team have consisted of law students from the University of Toronto, the University of Ottawa, McGill University, Dalhousie University, Western University, University of Victoria, Université de Montréal, University of Alberta, University of Saskatchewan, Thompson Rivers University, National Law University of India, and Ludwig Maximilians University of Munich. In 2012, the IPilogue received the 2012 Canadian Weblog award and was also named third most popular IP/tech blog in Canada by Barry Sookman. IP Osgoode and the Intellectual Property Institute of Canada (IPIC) run Canada’s IP Writing Challenge each year. The aim of the

Canada’s IP Writing

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Challenge

competition is to further enhance intellectual property public policy research and discussion. This competition is open to three categories of entrants: JD students, LLM and PhD students, and practitioners. As a reward, each winner in the three categories of entrants receives a $1,000 gift and their articles are considered for publication in the Canadian Intellectual Property Review (CIPR) and the Intellectual Property Journal (IPJ). A student may receive up to a total of nine hours of academic credit for three credit hour research papers under the supervision of full-time faculty members, during their second and third years. Research papers will normally carry a credit value of three credit hours, but the Assistant Dean or Associate Dean may, in the appropriate case, grant permission for a student to pursue a research paper that carries a credit value of two or four credit hours.

Supervised Research Papers

Harold G. Fox IP Moot

Participated in 2012 and 2013. Winner of “Best Mooting Team” and “Best Factum” in 2013. IP Professors

Dr. Carys Craig

Biography: Professor Carys Craig has been a member of the Osgoode faculty since 2002, and Academic Director of the Osgoode Professional Development LL.M. Program in Intellectual Property since 2009. A two-time recipient of Osgoode Hall’s Excellence in Teaching Award, Dr. Craig teaches J.D. and graduate courses in Copyright Law, Trademark Law, and International Aspects of Intellectual Property, as well as seminars on Intellectual Property Theory and Copyright in the Digital Era. She researches and publishes in the fields of domestic, comparative and international intellectual property law and policy, with an emphasis on public interest theory and the public domain. Her recently published monograph, Copyright, Communication & Culture: Towards a Relational Theory of Copyright law (Northampton, MA: Edward Elgar Press, 2011) critically examines the assumptions of possessive individualism embedded in modern copyright law. Her award-winning work has been cited with approval by the Supreme Court of Canada. Dr. Craig holds a First Class Honours Bachelor of Laws (LL.B. Hons.) from the University of Edinburgh in Scotland, a Master of Laws (LL.M.) from Queen’s University in Kingston, Ontario, and a Doctorate in Law (S.J.D.) from the University of Toronto, where she was a graduate fellow of the Centre for Innovation Law and Policy. Publications: Books Copyright: Cases and Commentary on the Canadian and International Law, Second Edition with Barry Sookman and Steven Mason (Toronto, Canada: Carswell, Thomson Reuters, 2013). Copyright, Communication and Culture: Towards a Relational Theory of Copyright Law (Cheltenham, UK, Northampton, Mass: Edward Elgar Publishing, 2011). Trademarks & Unfair Competition Law in Canada: Cases and Commentary, coedited with Bita Amani (Toronto, Canada: Carswell, Thomson Reuters, 2011).

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Book Chapters “What, Where and to What End? The Canadian Public Domain” in Rosemary Coombe and Darren Wershler (eds), Dynamic Fair Dealing: Creating Canadian Culture Online, (Toronto: University of Toronto Press, forthcoming 2013 (manuscript accepted: 40 pages) “Out of Tune: Why Copyright Law Needs Music Lessons” in Intellectual Property for the 21st Century: Multidisciplinary Perspectives on Intellectual Property, Teresa Scassa and Mistrale Gendreau, eds. (forthcoming, 2013) (manuscript accepted: 30 pages) [R] “Technological Neutrality: (Pre)serving the Purposes of Copyright Law” in Michael Geist (ed.), The Copyright Pentalogy: How the Supreme Court of Canada Shook the Foundations of Canadian Copyright (Ottawa, Canada: University of Ottawa Press, 2013), 271-305. [R] “Locking Out Lawful Users: Fair Dealing and Anti-Circumvention in Bill C-32”, in Michael Geist (ed.) in From ‘Radical Extremism’ to ‘Balanced Copyright’: Canadian Copyright and the Digital Agenda, Michael Geist (ed.) (Toronto: Irwin Law, 2010), [R] “The Changing Face of Fair Dealing in Canadian Copyright Law: A Proposal for Legislative Reform”, in In the Public Interest: The Future of Canadian Copyright Law, Michael Geist (ed.) (Toronto: Irwin Law, 2005) Journal Articles “What’s Feminist about Open Access: A Relational Approach to Copyright in the Academy” (with Joseph Turcotte and Rosemary Coombe), (2011) vol. 1, no. 1 feminists@law (keynote essay in first issue of new open access journal) [R] “Digital Locks and the Fate of Fair Dealing in Canada: In Pursuit of ‘Prescriptive Parallelism’”, (2010) 13 Journal of World Intellectual Property 503-539. [R] “The Canadian Public Domain: Where, What, and to What End?”, (2010) 7 Canadian Journal of Law & Technology 221-241. [R] “Resisting Sweat and Refusing Feist: Rethinking Originality After CCH”, (2007) 40:1 University of British Columbia Law Review 69-120. “Reconstructing the Author-Self: Some Feminist Lessons for Copyright Law”, (2007) 15:2 American University Journal of Gender, Social Policy, and the Law, 207268.

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[R] “Putting the Community in Communication: Dissolving the Conflict Between Freedom of Expression and Copyright Law” (2006) 56 University of Toronto Law Journal 75-114. [R] “The Evolution of Originality in Canadian Copyright Law: Authorship, Reward and the Public Interest” (2005) 2 University of Ottawa Law & Technology Journal 425-445. [R] “Locke, Labour, and Limiting the Author’s Right: A Warning Against a Lockean Approach to Copyright Law” (2002) 28 Queen’s Law Journal 1–60. Awarded the David Watson Annual Memorial Award Ikechi Mgbeoji Biography: Following five years of practice in civil litigation specializing in Commercial Litigation and Intellectual Property Law, Professor Mgbeoji enrolled in the graduate program of Dalhousie University where he graduated, summa cum laude, with an LLM in 1999. A recipient of the Governor-General's Gold Medal for the highest academic standing at the graduate level in Dalhousie University, he undertook his doctoral research in Patent Law, graduating, summa cum laude, in 2001. Throughout his academic career, Professor Mgbeoji has won numerous academic awards, scholarships and fellowships including the Killam Scholarship and the Carl Duisberg Gesellschaft Award. His teaching and research interests are in Patent Law, Trademarks, Copyrights, Trade Secrets, International Law on the Use of Force, International Environmental Law, Biotechnology and Law, Comparative Intellectual Property Law, Indigenous Peoples, and Anthropology. Professor Mgbeoji is the author of two books – Collective Insecurity: The Liberian Crisis, Unilateralism, & Global Order and Patents and Indigenous Peoples – and he is the co-author of Environmental Law in Developing Countries: Selected Issues. Prior to joining Osgoode in July 2003, he taught at the University of British Columbia Faculty of Law Publications: RESEARCH & PUBLICATIONS (a) Forthcoming and in progress publications 1. International Law, Chiefly as Interpreted and Applied in Canada, 9th Edition (Co-editor) 2. Bio-cultural Knowledge and the Challenges of Intellectual Property Rights Regimes for African Development (Dalhousie Law Journal, 2013, forthcoming) 3. Jim Poling, Jnr, Smoke Signals: The Native Takeback of North America’s Tobacco Industry, [Book Review], Literary Review of Canada, (2013, forthcoming) 4. “The Compradors are Here! Rethinking the Continued Foreign Control of African IPRs Practice, Policy, and Structure”, in Daniel Gervais, ed, Intellectual Property, Trade and Development, 2nd Edition (Oxford, Oxford University Press, 2014, forthcoming) 5. “Unfit for Purpose? Patent Offices and Non-Examination of Applications for

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Patents in Africa,” in, Matthew David & Deborah Halbert, eds; SAGE Handbook of Intellectual Property (2014, forthcoming) (b) Authored Books: 1. To Do Justly: The Court Years of Mr. Justice Dahiru Musdapher, 1979-2012 (Pied Piper Press, 2012) 2. Global Biopiracy: Patents, Plants, and Indigenous Knowledge (Vancouver: UBC Press, 2005) 336 pages. 3. Collective Insecurity: The Liberian Crisis, Unilateralism, & Global Order (Vancouver: UBC Press, 2003) 200 pages. 4. Environmental Law in Developing Countries: Selected Issues [with Isabel Martinez, Wang Xi & Nazrul Islam] (Cambridge: IUCN, 2001)167 pages. (c) Chapters in Books: 1. “African Patent Offices Unfit for Purpose” in, J. DeBeer, C. Armstrong, & C. Oguamanam, eds, African Innovation: The Value of Collaboartive IPRs (University of Cape Town Press, 2013) 2. “The Civilized Self and the Barbaric Other: Imperial Delusions of Order and the Challenges of Human Security” in Taylor Owen, ed, Human Security, (SAGE Publications, New Delhi, 2013) 3. “The Civilized Self and the Barbaric Other: Imperial Delusions of Order and the Challenges of Human Security” in Columba Peoples & Nick VaughanWilliams, eds, Critical Security Studies (Critical Concepts in Military, Strategic and Security Studies) (Routledge, 2012) 4. “Making Space for Grandma: The Emancipation of Traditional Knowledge and the Dominance of Western-Style Intellectual Property Rights Regimes” in Balakrishna Pisupati & Suneetha Subramanian, eds, Traditional Knowledge in Policy and Practice: Approaches to Development and Human Well-being (UNU Press, Japan: 2010) pages 130-146 5. “On the Shoulders of the “Other’ed”: Intellectual Property Rights in Intangible Cultural Heritage and the Persistence of Indigenous Peoples’ Texts and InterTexts in a Contextual World” in Toshi Kono, ed, Intangible Cultural Heritage and Intellectual Property: Communities, Cultural Diversity and Sustainable Development, (Intersentia, Antwerp: 2009) 6. “The Colonial Origins of Intellectual Property Regimes in Africa,” in Handbook of International Law, edited by David Armstrong (Routledge Publishers, London, 2009) 7. “The Civilized Self and the Barbaric Other: Imperial Delusions of Order and the Challenges of Human Security” in R. Falk, B. Rajagopal & J. Stevens, eds,

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International Law and the Third World (Routledge- Cavendish, London/New York, 2008) 151-166. 8. “An Overview of African Indigenous Knowledge Systems and the Patent Regime” in Indigenous Knowledge Systems and Sustainable Development: Relevance For Africa” (edited by Emmanuel Boon and Luc Hens) Kre Publishers, Delhi, India (2007) 9. “Patent First, Litigate Later! The Scramble for Speculative and Overly Broad Genetic Patents: Implications for Access to Health Care and Biomedical Research” in Veena, (ed.,) Biotech Patent Law (The ICFAI University Press, Hyderabad, India, 2007) 10. “TRIPS and TRIPS Plus Impacts in Africa” in Daniel Gervais, ed., Strategies to Optimize Economic Development in a TRIPS Plus Era (Oxford: Oxford University Press, 2007) 259-296. 11. The Origin and Development of the Patent System” in Akira Iriye & PierreYves Saunier, eds., The Palgrave Dictionary of Transnational History (London: Palgrave Macmillan Limited, 2007) 12. “Lost in Translation? The Rhetoric of Protecting Indigenous Peoples’ Knowledge in International Law and the Omnipresent Reality of Biopiracy” in Peter Phillips & Chika Onwuekwe, eds., Accessing and Sharing the Benefits of the Genomics Revolution (Dordrecht: Kluwer/Springer Publishers, 2007) 13. “Environmental Law in Post-Colonial Societies: Aspirations, Achievements and Limitations” (with B. Richardson & F. Botchway) in B. Richardson & S. Wood, eds., Environmental Law for Sustainability (Oxford: Hart Publishing, 2006) 413-444. 14. “Patents and Plant Resources-Related Knowledge: Towards a Regime of Communal Patents for Plant Resources-Related Knowledge” in Wang Xi, et al, eds., Environmental Law in Developing Countries: Selected Issues (Cambridge: IUCN Press, 2001) 79-116. (d) Articles in Scholarly Journals 1. “Adventitious Presence of Patented GMO’s on Private Premises: Is Intent Necessary for Actions in Infringement Against the Property Owner’? (2007) 4 Bulletin of Science, Technology, and Society 314-321. 2. “Talking Past Each Other: Genetic Testing and Indigenous Populations”, [2007] (April) ActionBioscience 1-10. 3. “The Civilised Self and the Barbaric Other: Imperial Delusions of Order and the Challenges of Human Security,” (2006) Vol. 27 # 5 Third World Quarterly 855-869. 4. “Is the Devil in the Details? The Convention on Biological Diversity and the Antinomy Between Global Governance and State Sovereignty Over Plant

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Resources” 2006: 13 South African Journal of Law and Policy 61-82. 5. “Beyond Patents: The Cultural life of Native Healing and the Limitations of the Patent System as a Protective Mechanism for Indigenous on the Medicinal Uses of Plants” (2006) 5 [1] Canadian Journal of Law and Technology 1-12. 6. “The Bearded Bandit, The Outlaw Cop, and the Naked Emperor: Towards a Third World (de)Construction of the Contexts of International Law’s (dis)Engagement With Terrorism” (2005) 41 [1-2] Osgoode Hall Law Journal 105-135. 7. “Reluctant Warrior, Enthusiastic Peacekeeper: Domestic Legal Regulation of Canadian Participation in Armed Conflicts” (2005) 14:2 Constitutional Review 717. 8. “The Terminator Patent and Its Discontents: Rethinking the Normative Deficit in Utility Test of Modern Patent Law” (2004) 17 [1] St. Thomas Law Review 95122. 9. “(Under)Mining the Seabed? Between the International Seabed Authority Mining Code and Sustainable Bioprospecting of Hydrothermal Vent Ecosystems in the Seabed Area: Taking Precaution Seriously” (2004) 18 Ocean Yearbook 413-452. 10. “Beyond Rhetoric: State Sovereignty, Common Concern, and the Inapplicability of the Common Heritage Concept to Plant Genetic Resources” (2003) 16 [4] Leiden Journal of International Law 821-837. 11. “Patent First, Litigate Later! The Scramble for Speculative and Overly Broad Genetic Patents: Implications for Access to Health Care and Biomedical Research” (2003) 2 [2] Canadian Journal for Law and Technology 83-98. 12. “The Juridical Origins of the International Patent System: Towards a Historiography of the Role of Patents in Industrialization” (2003) 5 Journal of the History of International Law 403-422. 13. “Prophylactic Use of Force in International Law: The Illegitimacy of Canada’s Participation in ‘Coalitions of the Willing’ Without United Nations’ Authorization and Parliamentary Sanction” (2003) 8 [2] Constitutional Review Studies 169202. 14. “Patents and Traditional Knowledge of the Uses of Plants: Is a Communal Patent Regime Part of the Solution to the Scourge of (e) Research Monographs and Consultancy Reports: 1. Issue Scan Paper on Intellectual Property, Privacy and Access to Information Law Relevant to the Potential New Regulation for Novel Aquatic Organisms in Canada, Report commissioned by Department of Fisheries, Canada (coauthored with Prof. Chidi Oguamanam of Dalhousie University) 2010

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2. “Indigenous Populations and Intellectual Property Rights Regimes”, Report for WIPO, Geneva, 2006. 3. 2008 Census Report on Great Lakes States, Southern Sudan, for the United Nations Population Fund/MOC, Sudan, May 2008 (with Dr. Karim Juma) 4. 2006 Census Report on Oyo State for the European Union/MOC Nigeria, April 2006 (with Dr. Tayo Oke). 5. “Analysis of Claims of Unauthorized Access and Misappropriation of Genetic Resources and Associated Traditional Knowledge”, Mandated Research Report for IUCN, Bonn, Germany (March 2006) 6. Report on Alternative Medicine and HIV/AIDS: Policy Implications for Nigeria, submitted to the National Democratic Institute, NDI, June 2006. 7. Report on Agriculture and HIV/AIDS: Creating Linkages for Sustainable Growth, submitted to the National Democratic Institute, NDI, June 2006. David Vaver Biography: David Vaver is Emeritus Professor of Intellectual Property & Information Technology Law in the University of Oxford, Emeritus Fellow of St Peter’s College, Oxford, and former Director of the Oxford Intellectual Property Research Centre. He was previously a faculty member at Osgoode (1985-98), UBC (1978-85), and the University of Auckland (1972-78). He rejoined Osgoode in 2009. Professor Vaver has spoken and written extensively on national and international intellectual property law and policy. Besides authoring Intellectual Property Law: Copyright, Patents, Trade-marks (2nd ed. 2011), Copyright Law (2000), and (as co-editor) Competition Policy and Intellectual Property Law (2009), all published by Irwin Law, he has edited a five-volume compilation, Intellectual Property Rights: Critical Concepts in Law (Routledge, 2006). He is editor-in-chief of the Intellectual Property Journal, which he founded in 1984. Professor Vaver is an associate member of the Chambers of Michael Silverleaf QC (11 South Square, Gray’s Inn) and was, until recently, a board member of the Intellectual Property Institute (London), and a member of the UK government’s IP Advisory Committee (2001-05). His inaugural Oxford address Intellectual Property Law: The State of the Art appears at (2000) 116 LQR 621. In 2012 he gave the Harold G Fox QC memorial lecture on Intellectual Property: Is It Still a 'Bargain'?. In 2012 he was also awarded the Pattishall medal for Teaching Excellence of Trademark and Trade Identity by INTA (the International Trademark Association).

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Publications: • Intellectual Property Law: Copyright, Patents, Trade-marks, 2nd ed. (Irwin Law, Toronto, 2011), 835 + xxviii pp. (replacing 1st edition, 1997, 347 + xx pp.). • Competition policy & intellectual property (Irwin Law, Toronto, 2009). Coeditor (with Profs. M.J. Trebilcock & M. Boyer), of commissioned papers at the request of the Canadian federal Commissioners of Patents and Competition, and the Departments of Canadian Heritage and of Industry. • Intellectual Property Rights: Critical Concepts in Law (Routledge, 2006). Sole editor of 5 volumes of key IP writing from a historical, conceptual, comparative and cross-disciplinary perspective (including Dickens, Macaulay, Abraham Lincoln as well as contemporary academic writing), with an opening overview chapter written by the editor. 2004 + xxv pp. (including index). • Intellectual Property in the New Millennium (Cambridge U.P., October, 2004). Co-editor (with Prof. Lionel Bently, Cambridge) of papers in honour of William R. Cornish. Twenty essays from leading IP academics, lawyers and judges in Europe, US, Australia and Israel, to commemorate Professor W.R. Cornish QC’s retirement from the Herchel Smith chair in intellectual property law, Univ. of Cambridge. 307 + xiv pp (including index). • Principles of Copyright Law (World Intellectual Property Organization, Geneva, 2002). With Profs. P. Sirinelli (Univ. of Paris I) & H. Loufti (Univ. of Cairo). A casebook on copyright commissioned by WIPO, incorporating sections on Commonwealth and United States caselaw with connecting text (written and selected by me), civil law (Sirinelli), and Arabic law (Loufti). My contribution, 159 pp. • Copyright Law (Toronto: Irwin Law, 2000), 355 + xx pp. Work in progress • Co-author (with Dr Giuseppina D’Agostino), Copyright Law, 2nd ed. (Irwin Law, to be published). • Intellectual Property Law: Copyright, Patents, Trade-marks: 3rd ed. (Irwin Law, to be published). Intellectual property: chapters in books • Ownership of Medical Images in E-Science Collaborations: Overture or Central Plot? (with Tina Piper) in W. Dutton & P.W. Jeffreys (eds.), World Wide Science: Reshaping the Sciences and Humanities (MIT Press, 2010). • To Serve and Protect: The Challenge for Intellectual Property Law in L. Boy, J. Drexel, C. Godt, R. Hilty & B. Remiche, eds., Technology and Competition Technologie et Concurrence: Liber Amicorum Hanns Ullrich (Eds. Larcier, Brussels, 2009). • Does intellectual property have personality? in R. Zimmerman & N. Whitty (eds.), Rights of personality in Scots law: a comparative perspective (Univ. of Dundee Press, 2009), ch.8. • Brand culture: trademarks, marketing and consumption - responding legally to Professor Schroeder’s paper, in L. Bently, J. Davis & J. Ginsburg, (eds.), Trade Marks and Brands: An Interdisciplinary Critique (Cambridge UP, 2008), ch. 8. • Does the public understand intellectual property law? Do lawyers? Chapter 1 in Meredith Lectures 2006: Intellectual Property at the Edge: New Approaches to IP

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in a Transsystemic World (Yvon Blais & Faculty of Law, McGill Univ., 2007); • reprinted in K. Grau-Kuntz & D. Borges Barbosa, eds., Ensaios sobre o Direito Imaterial: Estudos Dedicados a Newton Silveira (Essays on Immaterial Right: Studies Dedicated to Newton Silveira) (Editora Lumen Juris, Rio de Janeiro, 2009), 375. • Overdose de medicaments brevets: l’Europe dans un ‘TRIPS’ depuis dix ans in B. Remiche & J. Kors (eds.), “L’Accord ADPIC: dix ans après” (Éds. Larcier, Brussels, 2007), 129 (third party French translation of article: Popping Patented Pills: Europe and a Decade’s Dose of TRIPs (see below)). • General Introduction, in D. Vaver (ed.), Intellectual Property Rights: Critical Concepts in Law (Routledge, 2006) + short introductions to each section (see above). • Le concept d’invention en droit des brevets: bilan et perspective, in M. Vivant & J.-M. Bruguière (eds.), Protéger les inventions de demain: Biotechnologies, logiciels et méthodes d’affaires (Institut National de la Propriété Industrielle, la Documentation française, Paris 2003), 271 (a third party translation of an earlier version of Defining and rewarding invention: see following entry). • Defining and rewarding invention: a review and a modest proposal for patent law, in P. Mirfield & R. Smith (eds)., Essays for Colin Tapper (Lexis/Nexis, 2003), 182. In modified article form, see below. • Copyright Developments in Europe: The Good, The Bad and the Harmonized in N. Elkin-Coren & N.W. Netanel (eds.), The Commodification of Information (Kluwer Law Int’l, 2002), 223. • Issues of Current Concern in European Intellectual Property Law published in English and in Japanese translation in Institute of Intellectual Property & St Catherine’s College, Issues of Current Concern in European and Japanese Intellectual Property Law [English translation of Japanese] (Tokyo, 1999). • Rejuvenating Copyright, Digitally, in Symposium of Digital Technology and Copyright (Min. of Public Works & Services Can. 1995, Ottawa), 1 (French version published in same volume as Le Rajeunissement du droit d'auteur dans une perspective numérique, p. 1). • Commentary, in Proceedings of the Colloquium on The Collective Administration of Copyright, (1995, Copyright Board of Canada, Ottawa), 161. • Report on Moral Rights: Canada, in Association Littéraire et Artistique Internationale, Le droit moral de l’auteur/The moral right of the author, Congress of Antwerp 19-24 September 1993 (ALAI, Paris,1994), 207. • Intellectual Property: Copyright and New Technologies (with Prof. V. Nabhan): in Canadian Comparative Law Association/Institute of Comparative Law, Contemporary Law/Droit Contemporain: Canadian Reports to the 1990 International Congress of Comparative Law, Montreal 1990 (Yvon Blais, Québec, 1992), 361. • What is a Trade Secret? Chapter 1 in R. Hughes (ed.), Trade Secrets (Law Society of Upper Canada, Toronto, 1990). • Canada. In M.B. Nimmer & P.E. Geller (eds.), International Copyright Law and Practice, 2 vols. (Matthew Bender, N.Y., 1988, updated annually until 1998; now continued by Prof. Y. Gendreau, Univ. Montreal).

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• New Zealand. In H. Dawid (ed.), Pinner's World Unfair Competition Law: An Encyclopedia 4 vols., (Sijthoff & Noordhoff, Alphen aan de Rijn, 1978). Sole editor for New Zealand. Entries on the law dealing with, inter alia, trademarks, competition, and consumer protection. • What's In a Name? Rights in Respect of the Commercial Exploitation of Real and Fictional Characters [1979] Annual of Industrial Property Law 211. Intellectual property: periodical articles and notes • Copyright Defenses as User Rights, 60 Jo. Cop. Soc U.S.A. 601 (2013): invited. • Best Mode Disclosure in Canadian Patents (2013), 25 IPJ 303. • User Rights (2013), 25 IPJ 105. • The Intellectual Property Judgments of Mr Justice Harms (2013) 76 Jo. Contemporary Roman-Dutch Law (Tydskrif vir Hedendaagen Romeins-Hollandse Reg) 41; a special issue commemorating the retirement of Deputy President Harms of the Supreme Court of Appeal of South Africa. A modified version will appear in (2013) 26 I.P.J. 000. • Harmless Copying (2012) 25 IPJ 19. • Venturing into Intellectual Property Jointly and Confidentially (2012), 25 IPJ 11. • Intellectual Property: Still A “Bargain”? [2012] EIPR 579; Harold G Fox QC memorial lecture 2012 as Intellectual Property: Is It Still A “Bargain”? (2012), 24 IPJ 143; by invitation, in modified version, Intellectual Property: “Bargain” Or Not? 89 Univ. Detroit Mercy Law Review 381 (2012). • Snooping, Privacy and Precedent in Ontario (2011) 23 IPJ 243. • Clerical Errors in the Patent Office (2011) 23 IPJ 131. Consent or No Consent: The Burden of Proof in Intellectual Property Infringement Suits (2011) 23 IPJ147. • Sprucing Up Patent Law (2011) 23 IPJ 63. • Recent Copyright Law Developments: More Reform? (2010) 22 IPJ 1. • Being Old and Obvious: Apotex v Sanofi-Synthelabo in the Supreme Court (2010) 2 Osgoode Hall Rev.L. Pol’y 3; online, www.ohrlp.ca. • Reforming Intellectual Property Law: An Obvious and Not-so-obvious Agenda [2009] 1 IPQ 143; • abridged version (2009) 38 CIPA Jo (No 1) 25; available at www.iposgoode.ca/events-archive/; http://www.ip-institute.org.uk/ • On the importance of intellectual property rights for e-science and the integrated health record, 14 Health Informatics Jo 95 (2008) (with G. D’Agostino, C. Hinds, C. Meyer, T. Piper & M. Rahman). • Copyright and the Internet: From Owner Rights and User Duties to User Rights and Owner Duties? 57:3 Case Western L.Rev. 731 (2007); •Webcast at www.law.case.edu/centers/lta/webcast.asp?dt=20061110&type=wmv&a=1. • Publishers & copyright: rights without duties? (2006), 40(6) Bibliotheksdienst, 743 (Jo. German Library & Information Assn: Bundesvereingung Deutscher

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Bibliotheks und Informationsberbände); • available online at www.zlb.de/aktivitaeten/bd_neu/heftinhalte2006/Recht020606.pdf. • published in French (trans. Prof. Ejan Mackaay, Univ. Montreal) as L’image publique des éditeurs et du droit d’auteur in (2007), 19:1 Les Cahiers de Propriété Intellectuelle (“CPI”) 303. • Advertising using an Individual’s Image: a Comparative note (2006) 122 LQR 362. • Popping Patented Pills: Europe and a Decade’s Dose of TRIPs [2006] EIPR 282 (with research assistant Shamnad Basheer); • reprinted in N. Sundarshan (ed.), Public Health and Law (ICFAI Law Books, India, 2008); • in French translation as Overdose de medicaments brevets: l’Europe dans un ‘TRIPS’ depuis dix ans (see above). • Recent Trends in European Trademark Law: Senses, Shapes and Sensation (2005) 95 Trademark Reporter 895. • Unconventional and Well-Known Trade Marks [2005] Singapore Jo. Legal Studies 1. • Reprinted in Dr A.V. Narsimha Rao, Trademarks: Concepts and Contexts (ICFAI University Press, Hyderabad, 2009), ch 1. • The Problems of Biotechnologies for Intellectual Property Law (2004), CPI (Hors Série): Mélanges Victor Nabhan), 375; • reprinted as “Los problemas de las biotecnologías para el derecho de la propiedad intellectual,” in E. Leon Robayo, ed., Propiedad Intelectual: Reflexiones (Centro Editorial de la Universidad del Rosario, Bogotá, 2011). • Canada’s Intellectual Property Framework: A Comparative Overview (2003) 17 IPJ 125; • available on the internet from 2005: http://strategis.ic.gc.ca/epic/internet/inippddppi.nsf/vwapj/01- EN%20Vaver.pdf/$file/01-EN%20Vaver.pdf • Invention in Patent Law: A Review and A Modest Proposal (2003), 11 International Journal of Law & Information Technology 286 (“IJLIT”). • slightly modified version published in Mirfield & Smith, eds., Essays for Colin Tapper(Lexis/Nexis, 2003), above. • Need Intellectual Property Be Everywhere?: Against Ubiquity and Uniformity (2002) 25 Dalhousie L.J. 1. • The Copyright Mixture in a Mixed Legal System: Fit for Human Consumption? [2002] Juridical Review 101; • (2001), 5:3 Electronic Jo. of Comparative Law <www.ejcl.org/52/art52-3.html> • Creating a Fair Intellectual Property System for the 21st Century (2001) 10 Otago LR 1;• modified version published as Recreating a Fair Intellectual Property System for the 21st Century (2001) 15 IPJ 123 • reprinted in Spanish (trans. M. Medina, M. Pérez, L Flóreza & L. Sánchez) as “Recreando un sistema de propiedad intelectual para el siglo XXI”, in E. Leon Robayo, ed., Estudios de propiedad intelectual (Centro Editorial de la Universidad del Rosario, Bogotá, 2011), ch 1.

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• Intellectual Property Law: The State of the Art (2000), 116 LQR 621; • republished in (2001), 32:1 VUWLR 1 (Special Issue on Intellectual Property). • republished in Frankel & Smith (eds.) Essays on Intellectual Property Law and Policy (Victoria Univ. Law Review, 2001), 1; • www.nzlii.org/nz/journals/VUWLRev/2001/2.html; • published in Chinese (trans. Prof. Li Yufeng) in (2007:4) Wan Huida (Intellectual Property), vol. 17, no. 100, p. 88-96 (ISSN 1003-0476). • Moral Rights: The Irish Spin (1999), 3:3 Irish IP Rev. 3 (partly based on Moral Rights Yesterday, Today and Tomorrow; see below). • Copyright in Europe: The Good, The Bad and the Harmonised (1999), 10 Australian IP Jo. 185. • Moral Rights Yesterday, Today and Tomorrow (1999), 7 IJLIT 270; •http://eprints.ouls.ox.ac.uk:81/inttec/hdb/Volume_07/Issue_03/abstracts/07027 0.sgm • Taking Stock [1999] EIPR 339. • Copyright Law: Recent Canadian Developments (1998), 16 Austl. Bus. L.R. 412. • The Copyright Amendments of 1997 (1997), 12 IPJ 53. • Copyright in Canada: The New Millennium (1997), 12 IPJ 117; • French translation (by É. Guéry) as La loi sur le droit d’auteur au Canada: le troisième millénaire (1997), 10 CPI 91. • Copyright and the State in Canada and the United States (1996), 10 IPJ 187. • Rejuvenating Copyright (1996), 75 CBR 69. • Available at http://www.cba.org/cba_barreview/. • Record and Software Rentals: The Copyright Spin (1995), 10 IPJ 109. • The Exclusive Licence in Copyright (1995), 9 IPJ 163. • Copyright Inside the Law Library (1995), 53 The Advocate 355. • Abridgments and Abstracts: Copyright Implications [1995] EIPR 225. • Clipping Services and Copyright (1994), 8 IPJ 379. Limitations in Intellectual Property: “The Time is out of Joint” (1994), 73 CBR 451. • Available at http://www.cba.org/cba_barreview/ • Tripping through TRIPs: Canada and Copyright (1994), 22 Canadian Law Newsletter 53, Summer 1994 (ABA, Canadian Law/Section of International Law & Practice). • Translation and Copyright: A Canadian Focus [1994] EIPR 159. • Copyright in Legal Documents (1993), 31 OHLJ 661. • Keeping Secrets, Legally Speaking (1992), 13 Adv Q’ly 334. • Can Intellectual Property be Taken to Satisfy a Judgment Debt? (1991), 6 Banking & Finance Law Review 255. • Dramatic and Musical Reproductions and Performances: Copyright and Performers’ Rights and their Implications for Educators (1991), 6 IPJ 239. • Copyright Phase 2: The New Horizon (1990), 6 IPJ 37; • translated into French as Le droit d’auteur, phase 2: De nouveaux horizons

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(1989), 2 CPI 83. • Intellectual Property Today: Of Myths and Paradoxes (1990), 69 CBR 98. • reprinted with modifications as Some Agnostic Observations on Intellectual Property (1991), 6 IPJ 125; • reprinted in K.R.G. Nair & Ashok Kumar (eds.), Intellectual Property Rights (Allied Publishers Ltd, India, 1994), 238; • reprinted in P. Drahos (ed.), Intellectual Property (Ashgate, Dartmouth, 1999), 485 ff. • Canada Starts Reforming its Copyright Law (1989), 10 Jo. Media Law & Practice 58. • Authors’ Moral Rights and the Copyright Law Review Committee’s Report: W(h)ither Such Rights Now? (1988), 14 Monash ULRev 284. • Authors’ Moral Rights - Reform Proposals in Canada: Charter or Barter of Rights for Creators? (1987), 25 OHLJ 749. • Copyright in Foreign Works: Canada's International Obligations (1987), 66 CBR 76. • The National Treatment Requirements of the Berne and Universal Copyright Conventions (1986), 17 International Review of Industrial Property and Copyright Law 577 (“IIC”) (Part I); 715 (Part II); • German translation (by T. Dietz) as Die Inländerbehandlung nach der Berner Übereinkunft und dem Welturheberrechtsabkommen (1988), Gewerblicher Rechtsschutz und Urheberrecht Internationaler Teil [GRUR International] 191. • Infringing Copyright in a Competitor’s Advertising: Damages “At Large” Can Be Large Damages (1984), 1 IPJ 186. • Summary Expungement of Registered Trademarks on the Ground of Non-Use (1983), 21 OHLJ 17. • Snow v. The Eaton Centre: Wreaths on Sculpture Prove Accolade for Artists’ Moral Rights (1983), 8 CBLJ 81. • Authors’ Moral Rights in Canada (1983), 14 IIC 329. • What’s Mine is Not Yours: Commercial Appropriation of Personality under the Privacy Acts of British Columbia, Manitoba and Saskatchewan (1981), 15 UBCLR 241. 100pp. • Civil Liability for Taking or Using Trade Secrets in Canada (1981), 5 CBLJ 253. • Trade Secrets: A Commonwealth Perspective [1979] EIPR 301. • The Protection of Character Merchandising - A Survey of Some Common Law Jurisdictions (1978), 6 IIC 541. • Copyright in the Commercial World [1974] New Zealand Recent Law (“NZRL”) 20. • Copyright - Literary Work (Note) [1974] New Zealand Law Jo. (“NZLJ ”) 515. Intellectual property: working & unpublished papers • The Enforcement of Copyright and Related Rights under the TRIPs Agreement and The Dispute Settlement Mechanism of the World Trade Organization, working paper No. 1, April 2000 (Oxford IP Research Centre). • Venturing into Intellectual Property Jointly and Confidentially. WP 02/99, OIPRC Electronic Journal of Intellectual Property Rights,

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www.oiprc.ox.ac.uk/EJWP0299.html. • Introduction to Issues of Current Concern in European Intellectual Property law, WP 08/99, OIPRC E-Jo. IPR, www.oiprc.ox.ac.uk/EJWP0899.html • The Future of Intellectual Property Law: Japanese and European Perspectives Compared, WP 09/99, OIPRC E-Jo. IPR, www.oiprc.ox.ac.uk/EJWP0999.html • Intellectual Property: Where’s the World Going?,, OIPRC seminar paper No. S01/99, OIPRC E-Jo. IPR, www.oiprc.ox.ac.uk/Seminar0199.html • Internationalizing Copyright Law: Implementing the WIPO Treaties, OIPRC working paper No. 01/99 (Nov. 98), www.oiprc.ox.ac.uk/EJWP0199.html Commercial & contract law: periodical articles • Unsettling Insurance Settlements: Of Unconscionability and Other Things (1992), 50 The Advocate 749. • Unconscionability: Panacea, Analgesic or Loose Can(n)on? (1988), 14 CBLJ 40. • Developments in Contract Law: The 1985-86 Term (1987), 9 SCLR 181. • Developments in Contract Law: The 1984-85 Term (1986), 8 SCLR 109. • Chief Justice Laskin and the Law of Contracts (1985), 7 SCLR 131. • Contracts for the Sale of Goods in Canada (1982), Juristo No. 762, p. 119 (translated into Japanese). • “Battle of the Forms”: A Comment on Professor Shanker's Views (1980), 4 CBLJ 277. • Contracts for the Sale of Land: Recent Developments [1978] NZRL 78, 124, 163, 202, 235. • Sale of Land to Purchaser or his Nominee [1974] NZLJ 531 (note). • Contracts - Validation of Illegal Contracts [1974] NZLJ 149 (note). • Real Estate Agent - Agent for Whom? [1974] NZLJ 57 (note). • Motor Vehicle Accident Insurance - A Question of Safety [1974] NZLJ 58 (note). • Illegal Contracts - Validation [1973] NZLJ 383 (note). • Real Estate Agent - Commission [1973] NZLJ 287 (note). • Car Leasing - Those Hire Purchase Regulations Again! [1973] NZLJ 156 (note). Law of evidence: periodical articles • Law Reform: Professional Privilege in New Zealand [1977] NZRL 336. • “Without Prejudice” Communications - Their Admissibility and Effect (1974), 9 UBCLR 85. • Medical Privilege in New Zealand (1969), 1 Auck. ULRev 63.

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Victor Nabhan [visiting]

Biography: Victor Nabhan has taught at Laval University as a full time professor until 1999 (Subjects: Intellectual Property, Contract law, Consumer Protection). He has also lectured in a number of universities in France and Canada as a guest professor. He has advised the Canadian Government with respect to the drafting of four revisions of the Copyright Act, as well as the Quebec Ministry of Culture on Copyright matters. From 1999-2005, he served also as a WIPO consultant and as such has assisted a number of developing countries in drafting their Copyright laws in compliance with TRIPS or /and WCT and WPPT. Since 2005, he is a guest professor at Ottawa University (Canada), Institut des Etudes Politiques (Paris) and Nottingham University (UK). He also acts as a consultant with different organisations and developing countries. He is also Of Counsel with the law firm of Kimbrough and Associés (Paris) Since 1996, Victor is Chairman of ALAI (Association Littéraire et Artistique Internationale). He has authored a number of articles and publications and has exhibited as an occasional artist.

Publications Articles The Teaching of copyright in countries with a common-law tradition Copyright Bulletin; XXII, 1-2 Publ: 1988; p. 49-54 The Status of performances of audio-visual works for educational purposes as reflected in Canadian copyright law Copyright Bulletin; XXI, 4 Publ: 1987; p.1018 “Intellectual Property: Copyright and New Technologies” (with David Vaver), in Canadian Comparative Law Association/Institute of Comparative Law, Contemporary Law/Droit Contemporain: Canadian Reports to the 1990 International Congress of Comparative Law, Montreal 1990 (Yvon Blais, Québec, 1992), 361 Le droit international privé québécois de la protection du consommateur (1973) Revue du Barreau (avec J. Talpis). [Private international law aspects of consumer protection in Québec] La photocopie et le droit d’auteur au Canada, (1979) Revue internationale du droit d’auteur [Photocopying and Copyright law in Canada] Problèmes juridiques posés par la vidéoreproduction: l’affaire Betamax et ses répercusions au Canada, (1981) Revue internationale du droit d’auteur. [Legal problems pertaining to videoreproduction activities: the Betamax case and its ramifications in Canada] La publicité et les droits intellectuels, (1981) Revue du Barreau,Travaux de l’Association H. Capitant tome XXXII. [Advertising and intellectual property law] La câblodistribution et le droit d’auteur au Canada, (1982) Revue canadienne du droit d’auteur. [Cable distribution and copyright law in Canada] Reprographie et Éducation, (1982) Revue Canadienne du droit d’auteur. [Reprography and Education in Canada] Les satellites et le droit d’auteur au Canada, (1983) Revue internationale du droit d’auteur. [Satellites and Copyright law in Canada]

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The legal status of representations of audio-visual works for teaching purposes, in the light of Canadian Copyright law Intellectual Property Journal, vol.2 no3 [Le statut des représentations d’oeuvres audio-visuelles pour fins d’enseignement au regard du droit d’auteur, published in Bulletin du droit d’auteur, vol.XXI.] La situation de la reprographie au Canada (1986) Actes du Congrès international de l’A.L.A.I à l’occasion du Centenaire de la Convention de Berne [Reprography and Copyright law in Canada] Les nouveaux moyens de reproduction, papiers, sonores, audio-visuels, with D.Vaver (1986), Travaux de l’Association H. Capitant Tome XXXVII. [New means of reproduction: audio, visual and by paper] Aspects généraux du droit d’auteur, (1987) Cahier de la 7ème Conférence des avocats et notaires de la Fonction Publique, Ministère de la Justice, Gouvernement du Québec. [General aspects of Copyright Law] L’enseignement du droit d’auteur dans les pays de tradition juridique de common law (1988) Colloque international sur l’enseignement de la propriété intellectuelle, organisé par l’Unesco. Bulletin du droit d’auteur, vol.XXII. [Teaching copyright in Common Law countries] Coup d’oeil sur les modifications à la loi sur le droit d’auteur au Canada, (1989) Revue internationale du droit d’auteur. A glance over the amendments to Canada’s copyright law, (1990) Journal of Law and Arts, Columbia University. Le droit d’auteur face aux nouvelles technologies (avec D.Vaver) (1991) Rapport canadien au Congrès international de droit comparé. [Copyright and the challenge of new technologies] La position du Canada en matière de propriété intellectuelle au regard du Gatt, (1991) Actes des journées d’études de l’A.L.A.I. en Finlande. [Canada’s position concerning intellectual property with respect to Gatt] Le droit d’exposition des oeuvres artistiques au Canada (1993) Revue internationale du droit d’auteur. [The right of exhibition of artistic works in Canadian copyright law] Modes non contentieux de résolution des conflits en matière de propriété intellectuelle (1993) Chapitre d’un ouvrage collectif sur Les solutions de rechange en matière de règlements de conflits. [Alternative means of dispute settlement in intellectual property] L’accord de libre-échange nord-américain et sa mise en oeuvre en matière de droit d’auteur (1993) Cahiers de la propriété intellectuelle. [The North American Free Trade Agreement and its implementation in Canadian Copyright Law] La protection des idées en dehors des contrats, (1994) Actes du Congrès international de l’A.L.A.I. tenu à Barcelone. [The protection of ideas outside the scope of copyright] Les droits d’auteur et les droits voisins dans l’accord de libre-échange nordaméricain, (1994) Actes de la journée d’études organisée par l’A.L.A.I. Canada. [Copyright and neighbouring rights in the framework of Nafta] Le droit d’auteur et l’ALENA: perspective canadienne (1994) Revue internationale du droit d’auteur. [Copyright and NAFTA: a Canadian

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perspective] The TRIPS Agreement and its impact on Copyright and Related Rights: published by WIPO (1997). Copyright, Neighboring Rights and the Cultural Industries : published by WIPO (1997). Books and Monographs Le droit d’auteur dans le monde de l’éducation (avec C.Vincke), (1977) Éditeur Officiel, Québec [Copyright issues pertaining to the educational environment] Limitations and Exceptions to copyright in Canadian law (with professor D. Magnusson) (1982), Government Publication of Canada. Droit d’auteur et banques de données dans l’administration publique (1992) Publications du Québec. [Copyright and data bases in the context of public administration]. Editor and coauthor of «Principles of Copyright, Cases and Materials», with the collaboration of professors D. Vaver, P. Sirinelli, H . Lotfi (2002, WIPO Publication). Giuseppina D'Agostino Biography: Professor Giuseppina D’Agostino joined the Osgoode Hall Law School faculty in 2006 and brings creativity and passion to her role as Founder and Director of IP Osgoode, the Intellectual Property Law and Technology Program at Osgoode. She is the Founder and Editor-in-Chief of the IPilogue (www.iposgoode.ca), the first IP law blog of its kind, and Founder and Director of Osgoode’s IP Intensive and the Innovation Clinic. Before her appointment at Osgoode, she was recruited by the federal government’s Recruitment of Policy Leaders (RPL) program for the Department of Canadian Heritage and worked at the Copyright Policy Branch. She completed her doctoral and masters studies with distinction at the University of Oxford where she was a Lecturer in Law and the recipient of various scholarships including a SSHRC fellowship. She is the Deputy Editor for the Intellectual Property Journal (IPJ) and previously was an associate at a large firm in Toronto. Her research interests in the intellectual property law field are wide-ranging and she is highly sought after as a public speaker and consultant. She is a cited authority at the Supreme Court of Canada and is regularly called on by foreign and Canadian federal and provincial governments for advice. In December 2010 she testified before Parliament’s Legislative Committee on Canada’s ongoing copyright reform initiatives. She publishes on a range of issues and her two books, Copyright, Contract, Creators: New Media, New Rules (Cheltenham: Edward Elgar 2010), and The Common Law of Intellectual Property: Essays in Honour of Professor David Vaver (edited with Catherine Ng and Lionel Bently) (Oxford: Hart Publishing 2010) are widely available. In 2011, the Italian Chamber of Commerce of Ontario honoured Professor D’Agostino as one of 34 Canadians in the book The Next Generation, Made in Canada: The Italian Way. In 2012, she was awarded two SSHRC grants for her work, “Triggering Innovation: Transnational Partnership for the Mobilization of Intellectual Property Policy and Practices” and “Fostering Innovation in Canada through Intellectual Property Law.” Professor D’Agostino is currently working with Professor David Vaver on

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the second edition of Copyright Law published by Irwin Law. Publications: Refer eed Contributions Theses • Towards a Balanced Copyright Treatment of Freelance Authors in the Digital Era (University of Oxford, St Peter’s College, DPhil Thesis, Bodleian Law Library 2004) • Copyright Treatment of Freelance Work in the Digital Era (University of Oxford, St Peter’s College, MSt in Law Thesis, Bodleian Law Library 2002) Books • Copyright, Contracts, Creators: New Media, New Rules (Edward Elgar Cheltenham 2010) 320 pages • The Common Law of Intellectual Property: Essays in Honour of David Vaver (Hart Publishing Oxford 2010)(edited with Lionel Bently and Catherine Ng) 452 pages (work divided 1/3 equally) nd • Copyright Law in Canada 2 ed (accepted, Irwin Law Toronto 2014) (with David Vaver) 1000pgs (in progress; work is shared evenly) • Intellectual Property Law in Canada (accepted, Irwin Law Toronto 2011) (with David Vaver, Catherine Ng, Tina Piper) 1000pgs (in progress; work is shared evenly) • A Mosaic of Intellectual Property: A Collection from Leading Voices on Issues in IP (proposal accepted by Irwin Law, expected submission September 2014) Articles • “The Arithmetic of Fair Dealing at the Supreme Court of Canada” in M. Geist, The Copyright Pentalogy: How the Supreme Court of Canada Shook the Foundations of Canadian Copyright Law (Ottawa: University of Ottawa Press, 2013) 187-211. • “Copyright Exceptions and Limitations and the Copyright Board of Canada” in Canadian Literary and Artistic Association, The Copyright Board of Canada: Bridging Law and Economics for Twenty Years (Cowansville, Quebec: Éditions Yvon Blais 2011) 195-221. • Les exceptions et limitations en matière de droit d’auteur et la Commission du droit d’auteur du Canada” (2011) 23:3 Les Cahiers de Propriete Intellectuelle 1185-1214 • “The History of Copyright Contract in Relation to the Freelancer” (2010) 22 I.P.J. 2 • “The Challenges of the Patent System” (prepared for the UK Strategic Advisory Board of Intellectual Property, June 2010) published in the Intellectual Property Journal Vol. 25 No. 1, December 2012, pp. 57-74 • “Diagnosing Our Health Records in the Digital World: Towards a Legal Governance Model for the Electronic Health Record in Canada” (with Dionne A. Woodward) (2010) 22 I.P.J. No. 1, 127-154 (lead author from conception stage to research and writing)

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• “Healing Fair Dealing? A Comparative copyright Analysis of Canada’s Fair Dealing to UK Fair Dealing and UK Fair Use” (2008) 53 McGill L.J. 3 • “On the Importance of Intellectual Property Rights for eScience and the Electronic Health Record” (2008) 14:2 Informatics Health Journal 95-111 (with C Hinds, M Jirotka, C Meyer, T Piper, M Raham, D Vaver) (ranked among the top 50 read articles in the Informatics Health Journal) • “Copyright in Sound Bites: Bidding for or Against the Public Interest?” (2008) 43 Supreme Court Law Review 413 • “Same Issues, Different Treatment: Common Law and Civilian Approaches to the Copyright Treatment of Freelance Works” (2008) 2 Int’l J IP Mgmt 88 • “Not All Sides Are Represented in Debate on Copyright Bill” Toronto Star, June 19, 2008 • “Canada’s Robertson Ruling: Any Practical Significance for the Copyright Treatment of Freelance Authors?” [2007] 2 European Intellectual Property Rights Journal 66 • “IP Rights in Medical Data in a Grid Environment (IMaGE): Challenges to Copyright Law and Database Law” in Knowledge Rights – Legal, Societal and Related Technological Aspects (Oesterreichische Computer Gesellschaft 2006) 41 (with C Hinds, M Jirotka, C Meyer, T Piper, M Raham, D Vaver) • “En attendant Robertson : Définir la possession du droit d'auteur sur les œuvres des pigistes dans les nouveaux médias” (18)(1) Cahiers de Propriété Intellectuelle (2006) tr “Anticipating Robertson: Defining Copyright Ownership of Freelance Works in New Media” 163 • “IP Rights in Medical Data in a Grid Environment (IMaGE): Challenges to Copyright Law” in S Kiekergaard (ed) Legal, Privacy, and Security Issues in Information Technology Vol 1 (ed) (Instititutt for rettsinformatikk Oslo 2006) 185 (with C Hinds, M Jirotka, C Meyer, T Piper, M Raham, D Vaver) • “Copyright Treatment of Freelance Authors in the Digital Era: Advancing Judicial Tools in Common Law and Civilian Jurisprudence” in S Kiekergaard (ed) Legal, Privacy, and Security Issues in Information Technology Vol 1 (ed) (Instititutt for rettsinformatikk Oslo 2006) 177 • “Freelance Authors for Free: Globalisation of Publishing, Convergence of Copyright Contracts and Divergence of Judicial Reasoning” in F Macmillan (ed) New Directions in Copyright (Edward Elgar Cheltenham 2005) • “Copyright Treatment of Freelance Work in the Digital Era” (2002) 19 Santa Clara Computer and High Technology LJ 37 • “The Globalisation of Copyright: A Comparative Analysis of the AngloAmerican and Continental European copyright laws in relation to the Author” (2001) 2 Hibernian LJ 35 Book Chapters • “Copyright Exceptions and Limitations and the Copyright Board of Canada” in Canadian Literary and Artistic Association, The Copyright Board of Canada: Bridging Law and Economics for Twenty Years (Cowansville, Quebec: Éditions Yvon Blais 2011) 195-221. • “Freelance Authors for Free: Globalisation of Publishing, Convergence of Copyright Contracts and Divergence of Judicial Reasoning” in F Macmillan (ed)

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New Directions in Copyright (Edward Elgar Cheltenham 2005) 166. Non-refereed Contributions Books - Co-authored Copyright Law in Canada 2nd edn (Irwin Law Toronto) (with David Vaver) 1000 pages (in progress) Intellectual Property Law in Canada (Irwin Law Toronto) (with David Vaver, Catherine Ng, Tina Piper) 1000 pages (in progress) Articles (and op-eds) The ‘Notice and Notice’ Enforcement System: A Uniquely Canadian Approach to ISP Liability [published in leading China-based publication July 2013] http://magazine.caixin.com/2013-07-30/100562983.html 15 pages (100% of work) IP Osgoode, various pieces written on wide-ranging issues (see IPilogue.ca) e.g. “2012 IP Year in Review: Hollywood Couldn’t Make an Action Movie this Good” (http://www.iposgoode.ca/author/gdagostino/page/3/) (January 16, 2013) “Federal Election 2011: Innovation and Canada’s Future” IP Osgoode (http://www.iposgoode.ca/2011/05/federal-election-2011-innovation-andcanadas-future/#more-12057) (May 3, 2011) “2012 IP Year in Review: Hollywood Couldn’t Make an Action Movie this Good” (http://www.iposgoode.ca/author/gdagostino/page/3/) (January 16, 2013) “Federal Election 2011: Innovation and Canada’s Future” IP Osgoode (http://www.iposgoode.ca/2011/05/federal-election-2011-innovation-andcanadas-future/#more-12057) (May 3, 2011) “There is No Two without Three: Bill C-32 is Dead” IP Osgoode (http://www.iposgoode.ca/2011/03/there-is-no-two-without-three-bill-c-32-isdead/#more-11546) (March 26, 2011) “It’s a Copyright Summer Sizzler Again” IP Osgoode (http://www.iposgoode.ca/2010/06/its-a-copyright-summer-sizzler-again/) (June 2, 2010) and LaunchLabfortheWorld (http://launchlabfortheworld.com/?p=101 (June 3, 2010) “Canadian Copyright’s Just Three Things” The Hill Times, Policy Briefing Special Issue: Communications & Intellectual Property Law (Nov 2, 2009) 30 “The Varieties of Property in the Knowledge Society” Continuum, Winter 2009, 8 “Healing Fair Dealing? A Comparative Copyright Analysis of Canadian Fair Dealing to UK Fair Dealing and US Fair Use” (September 13, 2007) CLPE Research Paper No 28, 2007 at http://ssrn.com/abstract=1014404 “Canada's Robertson Ruling: Any Practical Significance for Copyright Treatment of Freelance Authors?” (February 2007). CLPE Research Paper No. 5/2007 Available at SSRN: http://ssrn.com/abstract=967501 “A look at the Supreme Court’s decision on Robertson” Ontario Bar Assoc Entertainment, Media and Communications Newsletter 16(3) March 2007 “Not all Sides Represented in Debate on Copyright Bill” Toronto Star, June 19, 2008, AA8 (available at http://www.thestar.com/comment/article/445688) “Let’s Make a Closer Connection between Creators and Copyright” Straight Goods, June 25, 2008 (available at

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http://www.straightgoods.ca/Front08/080625.cfm “Copyright Fight Far From Over” Masthead Jan/Feb 2007 “Do Private Interests override Public Interests in Top Court?” January 18, 2007 TheCourt.ca at http://www.thecourt.ca/2007/01/18/do-private-interests-overridepublic-interest-in-top-court/ “Should Freelancers Keep their Copyrights in the Digital Era?”(2004) 8:4 Copyright & Media Newsletter 6 “Canadian Privacy law” IP Bulletin (Stikeman Elliott Toronto 2000) 3 Barry Sookman [adjunct] Biography: Barry Sookman is a partner with McCarthy Tétrault. He is the former Chair of its Intellectual Property Group and Co-Chair of its Technology Law Group. He is one of Canada's foremost authorities in the area of information technology and intellectual property law. Publications: Sookman: Computer, Internet and E-Commerce Law (six volume treatise) (Carswell 1999-2013), available at http://www.carswell.com/productdetail/sookman-computer-internet-and-electronic-commerce-law-cd/. Sookman: Computer Law: Acquiring and Protecting Information Technology (three volume treatise)(Carswell 1989-1999) Sookman: Computer, Internet and E-Commerce Terms: Judicial, Legislative and Technical Definitions (Carswell 2001-2013), available at http://www.carswell.com/product-detail/computer-internet-and-electroniccommerce-terms-judicial-legislative-and-technical-definitions-2013/. Copyright Cases and Commentary on the Canadian and International Law (Carswell, Second Edition) (co-authored with Steven Mason and Prof. Carys Craig ), available at http://www.carswell.com/product-detail/copyright-cases-andcommentary-on-the-canadian-and-international-law-second-edition/. Intellectual Property: Cases and Commentary on the Canadian Law (2nd. Ed. Carswell, 2012) (co-authored with Steven Mason and Dan Glover), available at http://www.carswell.com/product-detail/intellectual-property-law-in-canadacases-and-commentary-second-edition/. Understanding Flava Works v MyVidster: Does online linking infringe copyright? (2012) 59 J. Copyright Soc'y 723 Fordham 21st Annual Conference on Intellectual Property Law and Policy: Performance Rights in Copyright: Public, Private or “Digital”? Cablevision: How It and Its Doctrines Have Fared Around the World (2012) Copyright Reform for Canada: What Should We Do? Woodrow Wilson International Center for Scholars, Issue 11, September, 2009 Barry Sookman, Copyright Reform for Canada: Consultation Submission (2009) 2 Osgoode Hall Rev. L. Pol’y 73; also published at 22 IPJ 1.

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Why Canada Should Not Adopt Fair use: A joint Submission to the Copyright Consultations, (with Dan Glover) (2009) 2 Osgoode Hall Rev. L. Pol’y 55, also published at 22 IPJ 29 Case comment on the CCH v. Law Society Case (in the Computer Technology Law Reporter) Case Comment: Society of Composers, Authors and Music Publishers of Canada v. Canadian Association of Internet Service Providers (Canadian Journal of Law & Technology) ‘‘TPMs’’: A Perfect Storm for Consumers: Replies to Professor Geist (Canadian Journal of Law & Technology) Barry Sookman “The SAC Proposal for the Monetization of the File Sharing of Music in Canada: Does it Comply with Canada’s International Treaty Obligations Related to Copyright? 21-2 I.P.J. 159 – 189; also (2008) 1 Osgoode Hall Rev. L. Pol’y. 101 Barry Sookman “Facebook Fair for Copyright of Canada: Replies to Prof. Geist (2008) 1 Osgoode Hall Rev. L. Pol’y. 198 Barry Sookman “The Challenges to Privacy Posed by Technology” in Barbara McIsaac’s The Law of Privacy in Canada (Carswell, 2000 – 2001) Barry Sookman “Legal Framework for E-Commerce Transactions” [2000] C.T.L.R. 85 Barry Sookman “Protection of Databases” in Copyright in Cyberspace (Otto Cramwinckel, 1997) Barry Sookman “Copyright and Technology” in Henderson’s Copyright Law of Canada (Carswell, 1994) Barry Sookman “Protecting Intellectual Property Rights in Computer Products and Related Technology” in George S. Takach’s The Software Business in Canada (McGraw-Hill Ryerson Limited 1997) Barry Sookman “Knowledge-Based Businesses: The Business of the Future” in Business Law & Litigation: Trend Spotting for the 21st Century (for the 1999 Isaac Pitblado Lectures) Barry Sookman “E-Commerce, Internet and the Law: A Survey of the Legal Issues” Vol. 48, UNB L.J. 119 (1999) Barry Sookman “Copyright and the Information Super Highway: Some Issues to Think About” 11 I.P.J. 123 (1997) (Part 1) and 11 I.P.J. 265 (1997) (Part 2) Barry Sookman et al “International Trade in Computer-Related Technology: The Impact of GATT and NAFTA” in Computer Law & Practice, Vol. 10, No. 3, (1994)

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Barry Sookman “Developments in Information Technology Law” [1997] 5 C.T.L.R. 209 Barry Sookman “The North American Free Trade Agreement and Computers: A Summary,” Vol. 1, No. 5 Focus Americas (August, 1995) Barry Sookman “International Differences and Copyright Protection for Software,” [1995] 5 C.T.L.R. 137 Barry Sookman “Canadian Computer Litigation: Where Are We and Where Are We Going?” Vol. 10, No. 11, Software Protection (April 1992) Barry Sookman “Computer-Assisted Creation of Works Protected by Copyright” 5 I.P.J. 165 (1990) Barry Sookman “Création Assistée par Ordinateur d’Oeuvres Protégeés par Le Droit D’auter, Vol. 2, No. 2, Les Cahiers du Propriété Intellectuelle (Jan. 1990) Barry Sookman “Liability of Geographic Information System Providers” International Computer Law Advisor, (February 1990) Barry Sookman “ALAI National Report on Computer-Assisted and ComputerGenerated Works” in L’informitique et Le Droit D’auteur, (Les Editions Yvon Blais Inc., 1989) Daniel Glover [adjunct] Biography: Daniel Glover is an associate with McCarthy Tétrault LLP in the Intellectual Property Group. His practice focuses on intellectual property management, acquisition, and protection, including by way of litigious disputes. He has a particular interest in all aspects of media law, including Internet law, copyright and trade-mark protection, and privacy and advertising compliance Publications: Intellectual Property: Cases and Commentary on the Canadian Law (2nd. Ed. Carswell, 2012) (co-authored with Steven Mason and Barry Sookman), available at http://www.carswell.com/product-detail/intellectual-property-law-in-canadacases-and-commentary-second-edition/. Why Canada Should Not Adopt Fair use: A joint Submission to the Copyright Consultations, (with With Barry Sookman) (2009) 2 Osgoode Hall Rev. L. Pol’y 55, also published at 22 IPJ 29 More Fickle than Fair: Why Canada Should Not Adopt A Fair Use Regime (with Barry Sookman) The Lawyers Weekly Steven Mason [adjunct] Biography: Steven Mason is a partner in the Litigation Group at McCarthy Tétrault in Toronto. His practice includes all areas of litigation, with a particular focus on intellectual property and related disputes. Publications:

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Intellectual Property: Cases and Commentary on the Canadian Law (2nd. Ed. Carswell, 2012) (co-authored with Dan Glover and Barry Sookman), available at http://www.carswell.com/product-detail/intellectual-property-law-in-canadacases-and-commentary-second-edition/. Copyright Cases and Commentary on the Canadian and International Law (Carswell, Second Edition) (co-authored with Barry Sookman) http://www.carswell.com/product-detail/copyright-cases-and-commentary-onthe-canadian-and-international-law-second-edition/. Kelly Gill [adjunct] Biography A partner at Gowlings since 1999, Kelly Gill is best known for his intellectual property litigation practice, particularly in the areas of trade-marks and unfair competition. Kelly is leader of the firm’s Trade-marks Group and interim leader of the Intellectual Property Litigation Group. Kelly is ranked as a leading IP lawyer by some of the world’s foremost legal directories, such as the Canadian Legal Lexpert Directory, Who’s Who Legal, Chambers Global and the Best Lawyers in Canada. The 2012 World Trademark Review 1000 ranks him as one of the top-seven trade-mark litigation counsel in Canada, stating that he “has an outstanding knowledge of trademark law and is extremely strong and robust in trial.” In 2011, Kelly received an honourable mention from Intellectual Property Magazine for its “International IP Lawyer of the Year” award, which is presented to an individual who has shown outstanding technical skill and innovation, a commitment to quality advice, entrepreneurial spirit in enabling their clients to get the right commercial result, and an ability to contribute to strategy. Kelly has appeared before all levels of court in Canada and served as counsel on two of the Supreme Court of Canada’s most important trade-mark and copyright decisions: Masterpiece Inc. v. Alavida Lifestyles Inc. (2011 SCC 27) and CCH Canadian Ltd. v. Law Society of Upper Canada (2004 SCC 13). Kelly is the author of numerous publications, most notably Fox on Canadian Law of Trade-Marks and Unfair Competition (4th edition). This two-volume text, first published in 2002 and updated each year since, is considered the leading trademark law authority in Canada. It has been cited by every level of court, including the Supreme Court of Canada in all of its trade-mark judgments since publication. Kelly currently sits on the IP Osgoode Advisory Board at Osgoode Hall Law School. Kelly is recognized in Chambers Global: The World's Leading Lawyers for Business 2013 for Intellectual Property: Litigation. Publications Kelly has written extensively in his area of expertise and is co-author of Fox on Canadian Law of Trade-Marks and Unfair Competition, 4th edition. Considered by many to be the leading text on trade-mark law in Canada, this 4th edition

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published in 2002, is now a looseleaf service that is updated twice yearly. The new text was recently cited with approval numerous times by the Supreme Court of Canada in Kirkbi AG v. Ritvik Holdings Inc. (the “LEGO case”). Kelly is an author of Trial by Survey: Survey Evidence and the Law, numerous chapters in different specialized texts, and articles on different facets of IP. He has sat on the editorial boards of the Canadian Intellectual Property Review and Patent World (London), and regularly lectures at such law schools as the University of Western Ontario and the University of Toronto and various conferences sponsored by such entities as ALI-ABA and the CBA. Kelly is also a Canadian contributing editor of the European Intellectual Property Review. Sundeep Chauhan [adjunct] Biography: Designated by the Law Society of Upper Canada as a Certified Specialist (Intellectual Property: Copyright), Sundeep Chauhan has extensive experience with respect to intellectual property issues relating to the entertainment, broadcasting, new media and retail sectors. Sundeep has represented both users and creators of copyright protected works in proceedings before the Supreme Court of Canada, Federal Court of Appeal, the Copyright Board of Canada and has appeared before Parliamentary Committees with respect to Copyright. Mr. Chauhan has particular expertise with respect to the collective administration of copyright and the establishment of copyright tariffs. Sundeep has been invited to speak at numerous domestic and international events. Mr. Chauhan is currently Counsel to the Motion Picture Association - Canada (MPA-Canada). He joined MPA- Canada after practicing with an intellectual property firm in Toronto, Canada where he offered transactional advice and litigation counsel on matters relating to Intellectual Property (Copyright & Trademarks), Corporate Commercial and Administrative Law. Sundeep also represented clients before governmental departments and agencies. Mr. Chauhan's previous professional roles have also included Vice-President & General Counsel to a music licensing company and Policy Analyst with the Canadian Government in regards to Copyright. Publications: “Bill C-32 : What have we heard so far?” eLawNetwork.com (http://www.elawnetwork.com/Blog-BillC32.html#!) (March 7, 2011) “The Supreme Court of Canada Copyright Pentalogy” eLawNetwork.com (http://www.elawnetwork.com/BlogSupremeCourtofCanadaCopyrightPentalogy.html#!) (December 7, 2011) “2012 Copyright Tariff Report Vol.1 - CSI files its Tariff Proposals with the Copyright Board of Canada” eLawNetwork.com (http://www.elawnetwork.com/Blog- CMRRASODRAC%28CSI%29Tariffs.html#!) (May 2, 2011) “2012 Copyright Tariff Report Vol.3 – AVLA/SOPROQ, ACTRA PRS/MROC, and ArtistI file Tariff Proposals with the Copyright Board of Canada”

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eLawNetwork.com (http://www.elawnetwork.com/BlogAVLASOPROQACTRAMROCARTISTITariffs2012.html#!) (May 26, 2011) “2012 Copyright Tariff Report Vol.4 - The Society of Composers, Authors and Music Publishers of Canada (SOCAN) files its Tariff Proposals with the Copyright Board of Canada” eLawNetwork.com (http://www.elawnetwork.com/Blog- SOCANTariffs2012.html#!) (June 2, 2011) “2012 Copyright Tariff Report Vol.2 - Canadian Private Copying Collective (CPCC), Educational Rights Collective of Canada (ERCC), and The Society for Reproduction Rights of Authors, Composers and Publishers in Canada (SODRAC) file Tariff Proposals with the Copyright Board of Canada” eLawNetwork.com (http://www.elawnetwork.com/BlogCPCCERCCSODRACTariffs.html#!)(May 2, 2011) “Content is Key: Supreme Court rules ISPs are not “Broadcast Undertakings” eLawNetwork.com (http://www.elawnetwork.com/BlogSupremeCourtofCanadaISPBroadcastUndertaking.html#!) (February 9, 2012) “Crown Not Immune to Copyright Tariffs: Copyright Board of Canada issues reasoning in Access Copyright – Provincial and Territorial Governments Tariffs (2005-2014)” eLawNetwork.com (http://www.elawnetwork.com/BlogAccessCopyrightCrownImmunity.html#!) (March 20, 2012) Ed Fan [adjunct] Biography: Edward Fan's practice focuses on the acquisition, enforcement and exploitation of intellectual property, and issues relating to technology transfers. In addition to advising on issues relating to portfolio management, Edward is also involved in negotiating and crafting intellectual property and other technology-related licenses and agreements. He regularly advises clients on the acquisition and exploitation of intellectual property portfolios in different industries. Edward is a registered patent agent in Canada and the United States, and a trademark agent in Canada. Recognitions Best Lawyers in Canada 2014—Leading lawyer in intellectual property Professional Involvement Before joining Torys, Edward practiced technology, communications and intellectual property law at another major Toronto firm. Prior to his legal career, Edward was a certified DB2 database administrator and application developer.

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Selected Publications and Presentations IT Maintenance and Support Agreements Speaker, Federated Press: Mastering IP & IT Transactions, Toronto | October 17, 2013 Patent Prosecution - Procedures and Rules at the CIPO Lecturer, York University, Osgoode Hall Law School |September 4, 2013 & August 30, 2011 Patents as a Competitive Strategy Co-lecturer, Federated Press: Toronto | June 19, 2012 Taking a Business Online: IP Issues in Online Businesses and Transactions Westlaw Journal: Intellectual Property, vol.19, issue 4 | June 13, 2012 United States Converts to First-to-File Patent System Westlaw Journal: Intellectual Property, vol. 18, issue 21 | February 8, 2012 Roundtable Discussion on the United States Patent Office Moderator, Intellectual Property Institute of Canada: Annual General Meeting, Chicago | September 16, 2011 Introduction to Intellectual Property and Regulatory Issues for Drug Products in Canada Lecturer, University of Waterloo, School of Pharmacy (Health Sciences) | March 28, 2011 Topics in Intellectual Property For The Computer Scientist Lecturer, University of Toronto, Department of Computer Science | December 7, 2010 Canada Now Permits Business Method Patents Co-author, PatentCafe's ipFrontline.com | October 19, 2010 Bilski, Amazon and Patentable Subject Matter Speaker, Intellectual Property Institute of Canada: Annual General Meeting, Quebec City | October 15, 2010 Drafting Complex Licensing Agreements Speaker, Federated Press: Mastering IP & IT Transactions, Toronto | October 12, 2010 Bilski: U.S. Supreme Court Provides Little Guidance to Patent Applicants Intellectual Property Bulletin | July 30, 2010 Patents and Patent Litigation Lecturer, University of Waterloo, School of Pharmacy | June 14, 2010 Avoiding Complications When Utilizing Trademarks and Copyright Protected Materials in Advertising Advertising & Marketing Law & Compliance for Financial Institutions, The

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Canadian Institute, Toronto | April 30, 2010 Intellectual Property Issues in Computer Science Lecturer, University of Toronto, Department of Computer Science | March 31, 2010 Introduction to Intellectual Property and Regulatory Issues for Drug Products in Canada Lecturer, University of Waterloo, School of Pharmacy (Health Sciences) | March 22, 2010 Patentees May Request Recalculation of U.S. Patent Term Intellectual Property Bulletin | February 3, 2010 Amendments to Canada’s Patent Rules Will Simplify Declarations of Entitlement for Applicants Intellectual Property Bulletin | January 28, 2010 CIPO's New Draft Guidelines Could Result in Higher Disclosure Standards for Canadian Patents Intellectual Property Bulletin | November 25, 2009 Canadian Patent Appeal Board Rejects Amazon's "One-Click" Business Method Patent Torys Intellectual Property Bulletin | May 11, 2009 Also republished in Internet and E-Commerce Law in Canada, vol. 10, no. 2, June 2009 Understanding Patents Lecturer, University of Waterloo, School of Pharmacy (Health Sciences) | March 9, 2009 Patentability of Business Methods: U.S. Court Decides Bilski Intellectual Property Bulletin | October 31, 2008 Protection of Trade Secrets and Confidential Information Author, PatentCafe's ipFrontline.com | June 21, 2008 Protection of Trade Secrets and Confidential Information 8th Annual IT Law Spring Training Program of IT.Can and the Law Society of Upper Canada, Toronto | May 1, 2008 Is Canada's Climate Improving for Patentability of Business Methods? American Lawyer Media’s Law.com | April 11, 2007

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Loreto Grimaldi [adjunct]

Biography: As CEO and General Counsel of MedAvail Technologies Inc., Mr. Grimaldi has overall executive responsibility for MedAvail's Legal, HR and IP functions as well as global regulatory matters. Among his operational responsibilities are Real Estate and Field Services. Before joining MedAvail, he was Vice-President at Symcor Inc., a Canadianbased international technology and BPO services company, where he was responsible for the commercial legal team and US expansion. He spent the earlier part of his legal career at Stikeman Elliott LLP, specializing in corporate M&A, intellectual property, technology, outsourcing and M&A matters. Loreto has extensive experience in the healthcare/pharmacy industries, having served in a senior advisory capacity to several North American pharmacies and other healthcare service providers. Loreto Grimaldi is a member of the American Society for Pharmacy Law, the American Bar Association (Health Law and Business Law Sections), and the Association of Corporate Counsel. He holds an Honours Bachelor of Business Administration and an M.B.A. from Toronto's Schulich School of Business at York University, and an LLB from the University of Western Ontario. Loreto is a 2013 candidate for the ICD.D Designation from the Institute of Corporate Directors and Rotman School of Business and is an Adjunct Professor of Business Law at the Schulich School of Business. He serves on the Board of Governors of Villanova College in King, Ontario. Mr. Grimaldi is fluent in French and Italian.

A.H. (Tony) Duarte [adjunct]

Biography: Mr. Duarte practices exclusively in the area of entertainment law. He is the author of CANADIAN FILM & TELEVISION BUSINESS & LEGAL PRACTICE, a comprehensive loose leaf legal text published by Canada Law Book in 2000 with regular updates. Mr. Duarte was awarded Memorial University's medal in political science upon completing his undergraduate degree. Upon completion of his law degree from Osgoode and articling with Telefilm Canada, he began his legal career in 1986 as Legal Counsel and later Vice- President of Business and Legal Affairs for Allegro Films Inc., a producer and distributor of theatrical feature films. In 1990, Mr. Duarte became Legal Counsel to the Ontario Film Development Corporation (now Ontario Media Development Corporation) for its many film and television investments and loans. Since 1992, Mr. Duarte has been in private practice representing producers, institutional investors, distributors, and others in the film and television industry. He has been legal counsel on numerous productions including theatrical feature films (HIDDEN, LESLIE: MY NAME IS EVIL, HOW SHE MOVE, BEOWULF & GRENDEL, MONKEY WARFARE, POOR BOY'S GAME, LOVE COME DOWN, TOUCH OF PINK, BETWEEN STRANGERS, THE RED VIOLIN) and television movies and mini-series (KIDS IN THE HALL: DEATH COMES TO TOWN, DIAMONDS, GUNS, ONE DEAD INDIAN, LIVES OF THE SAINTS, TWITCH CITY).

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Publications: Canadian Film & Television Business & Legal Practice, Carwsell A practical reference that pulls together the legal and business issues of Canadian film and television development, production, finance, and distribution, in a single source. This is a loose-leaf service first published in 2000 and regularly updated. It was last updated December 2012. In 2012 Bob Tarantino joined this publication as Contributing Editor. James Williams [adjunct] Biography: James Williams is a computer scientist and senior software engineer at Google’s Mountain View campus, where he works on distributed computing, privacy engineering and legal informatics. A graduate of the University of Victoria’s Faculty of Law, he has extensive experience with information security and privacy law. In addition to his standing as a doctoral candidate in computer science at the University of Toronto, he has published numerous peer-reviewed research papers, including articles on health information systems, software engineering, health law and privacy. His current research interests include algorithms, simulation, machine learning, simulation and scientific computing. In the past, he has been funded by the Privacy Commissioner of Canada to produce deliverables on First Nations privacy, as well as consumer health informatics applications. He has also worked with Health Canada on regulatory approaches to personal health records systems. At the time of writing, he is collaborating with a project team at the Stanford Design School on legal information systems, working with civil engineering researchers on large-scale system simulation, and designing a new course on legal informatics for Osgoode. On the side, he is working on papers in the areas of capital market regulation, resilience engineering and complex adaptive systems science. Publications: Research Papers Law: James Williams, Craig Kuziemsky, Institutional Liability in the E-Health Era, Canadian Journal of Law and Technology, December, 2011. James Williams, Megan Vis-Dunbar, Jens Weber, First Nations Privacy and Modern Health Care Delivery, Indigenous Law Journal, Volume 10, Issue 1, 2011. James Williams, Jens Weber, The Regulation of Personal Health Records in Canada, Canadian Journal of Law and Technology, Volume 8, Issue 2, 2010. James Williams, Jens Weber, Medical Device Regulation and Patient Management Software, Health Law Journal, Volume 18, 2010. Health Informatics: Craig Kuziemsky, Jens Weber, James Williams, Engineering the Healthcare

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Collaboration Space, International Conference on Software Engineering (ICSE), 2012. Jens Weber, James Williams, Beyond Privacy Policies – a Method for Gauging Trust in Consumer Health Services, in Proc. of the 2011 IEEE Conference on Privacy, Security, Trust, Montreal, Canada. Craig Kuziemsky, James Williams, Jens Weber, Towards electronic health record support for collaborative processes, Proceedings of the 3rd Workshop on Software Engineering in Health Care, ICSE 2011. James Williams, Jens Weber, Social Networks for Health Care: Addressing Regulatory Gaps with Privacy-by-Design. Proceedings of the IEEE conference on Privacy Security and Trust, Ottawa, Ontario, 2010. Jens Weber, James Williams, The Smart Internet as a Catalyst for Health Care Reform – Opportunities and Challenges. Smart Internet Technologies, Lecture Notes in Computer Science, Vol. 6400, Springer, 2010. James Williams, Social networking applications in health care: threats to the privacy and security of health information, in Proceedings of the 2010 ICSE Workshop on

Harold G. Fox Moot Participation 2012 Osgoode Hall Law School Participation 2013 Osgoode Hall Law School (Best Mooting Team) (Best Factum) Queen’s University University of Toronto (Best Oral Advocate) (Best Mooter, Non Graduating Year) Western University University of Windsor

Queen’s University University of Alberta

University of Ottawa University of Toronto (Best Factum) University of Victoria Western University (Best Mooting Team) (Best Mooter, Non Graduating Year) University of Windsor (Best Oral Advocate)

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