Archive for February 26th, 2006

Supreme Court Nominee Could Have Big Impact on IP

My weekly Law Bytes column (Toronto Star version, homepage version) examines new Canadian Supreme Court nominee Mr. Justice Marshall Rothstein, whose lengthy record on patent, copyright, and trademark matters suggests that he may very well challenge the status quo at Canada' s highest court. The column uncovers several speeches by Justice Rothstein that reveal a candid judge who is uncomfortable with incorporating policy into the legal decision making process, who is willing to examine intellectual property laws of other jurisdictions, and who recognizes the limits of intellectual property law.

Justice Rothstein, who appears before a House of Commons committee today, has emerged as a prominent jurist on intellectual property cases at the Federal Court of Appeal.  His best-known decision is the Harvard Mouse case, which addressed the question of whether higher life forms, in this case the "oncomouse", could be patented.  Justice Rothstein ruled that it could, concluding that there was nothing in the definition of "invention" under the Patent Act to preclude such patents.

Justice Rothstein has also presided over leading copyright and trademark cases.  He wrote a concurring opinion in Law Society of Upper Canada v. CCH Canadian, a copyright case that focused on the photocopying of legal decisions.  He sided with the majority in a high-profile trademark battle between Lego and Montreal-based Mega Blocks.

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February 26, 2006 2 comments Columns

Supreme Court Nominee Could Have Big Impact on IP

Appeared in the Toronto Star on February 27, 2006 as Rothstein’s Said A Lot About Tech Law When Prime Minister Stephen Harper’ s nominee to fill a vacancy on the Supreme Court of Canada, Mr. Justice Marshall Rothstein, appears before a House of Commons committee today, intellectual property law issues […]

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February 26, 2006 Comments are Disabled Columns Archive

The Private Copying Levy Distortion

The Copyright Board of Canada last week released its proposed tariff for 2007 for the private copying levy.  The numbers remain unchanged: 21 cents per CD-R.  As prices have dropped, however, the levy now frequently comprises a significant percentage of the retail price.  Consider the purchase of 100 blank Maxell […]

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February 26, 2006 12 comments News

Alberta Privacy Commish Releases Outsourcing Report

On the heels of last week’s discussion over LSAT fingerprinting, Alberta Privacy Commissioner has released a lengthy report on the privacy implications of data outsourcing by public bodies. The report recommends ensuring that a public body has a template or check list in place to ensure that an outsource provider […]

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February 26, 2006 Comments are Disabled News

A Fourth Wireless Carrier?

The Globe and Mail is reporting that the Telecom Policy Review panel may recommend creating a fourth wireless carrier in order to stimulate competition.  Not surprisingly, the established players say it is completely unnecessary.  Number portability would be another way to stimulate competition as would greater attention to the broadband […]

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February 26, 2006 Comments are Disabled News