Your search

For the Encouragement of Learning addresses the contested history of copyright law in Canada, where the economic and reputational interests of authors and th...

This paper assesses the Supreme Court of Canada's elaboration of 'user rights' in two significant copyright law decisions rendered after its landmark ruling in CCH v. Law Society of Upper Canada.

This paper tests the assumptions upon which the Federal Court of Appeal based its decision in Tele-Direct (Publications) Inc. v. American Business Information Inc. Specifically, the author challenges the argument raised by the court that Article 1705 of the North American Free Trade Agreement, dealing with copyright protection for compilations of data, obliged Canada to adopt a "creativity" standard of originality for copyright works akin to the U.S. position in Feist Publications v. Rural Telephone Service. Finally, the author canvasses the relevant copyright decisions rendered subsequent to Tele-Direct, including the controversial Federal Court trial decision in CCH Canadian Ltd. v. Law Society of Upper Canada, in order to demonstrate the distortions created by the application of this tenuous NAFTA argument to the question of the appropriate standard of "originality" for factual compilations.

The Public Knowledge Project's mission is enhancing the diffusion of scholarship through open-source software platforms.5 For many scholars and researchers, The Public Knowledge Project is probably best known for its Open Journal Systems (OJS) platform for the dissemination of scholarly journal articles.6 In the publication of The Intellectual Properties of Learning, Willinsky remained true to his principles; the work was released for free online, as well as in hard copy for purchase. Part One: Monastery and School In this section, we learn of the medieval monastic tradition of scholarship and learning that flourished in Europe and England from the early middle ages to the 11th century, starting with the Roman monk Jerome who first articulated a relationship between authors and their works. The author's treatment of Locke differs from conventional accounts of Lockean copyright in that he situates Locke's philosophy of property within the context of the intellectual properties of learning rather than within the entitlement to property in one's labour. In his treatment of the subject, Willinsky provides longitudinal depth and context for researchers working in areas of intellectual property history, especially in relation to copyright and the advancement of learning.

"Chapter 11: When Intellectual Property Rights Converge – Tracing the Contours and Mapping the Fault Lines ‘Case by Case’ and ‘Law by Law’" published on 28 Nov 2008 by Edward Elgar Publishing.

The arguments raised by opponents of parallel importation can be divided into two broad categories: an economic argument relating to the detrimental effect of intra-brand competition and an intellectual property (IP) argument relating to the interpretation of the relevant IP statutes to prohibit parallel importation. As a vehicle for controlling or prohibiting parallel importation it is not at all clear that IP law was specifically intended to address the issue of parallel importation. Statutory protection of IP did not arise out of any concept of natural justice or any related theory underlying property ownership at common law but rather, out of a conscious policy decision on the part of Government. Increased IP protection has become integral to the US and Canada's perceptions of their future economic growth. The law of restitution68 or the development of misappropriation/unfair competition principles have been suggested as viable means of offering some form of protection to right-holders and distributors without broadening the IP monopoly.

SDG 9 - ‘fostering innovation’ - commits governments to actions to incentivize and support scientific research, the development of new technologies, and innovative entrepreneurship. The ‘adequate, balanced and effective’ protection of intellectual property (IP) is a key element in supporting attainment of this and related SDGs, even though IP is not specifically mentioned in SDG 9. In this chapter, we study the Canadian approach to innovation through the country’s national and provincial innovation and IP strategies. These initiatives generally support the goals of SDG 9, but they do not specifically address the systemic barriers that exist for women inventors and entrepreneurs. Different policy mechanisms are required to achieve gender equity and an inclusive IP and innovation environment. These strategies must fully account for women’s lived experiences and must actively dismantle the structural impediments that prevent these inventors and entrepreneurs from fully participating in the IP system.

Immigrants face significant challenges that impair their ability to access resources that can develop their entrepreneurial potential. Using an action research and case-based approach, we highlight the challenges experienced by immigrant entrepreneurs and in turn discuss practical measures to resolve these challenges through mentoring programmes for nascent entrepreneurs. We profile a unique multi-disciplinary programme involving both business and law students who coordinate and deliver workshops for course credit. Established entrepreneurs and professionals also volunteer their time as mentors. We develop a balanced scorecard to assess and improve the programme. Study results provide a model to enable universities and others to reach out to nascent immigrant entrepreneurs.

We synthesize knowledge about the policy and practices and infrastructure available for technology transfer of student inventions. Our joint consideration of intellectual property protection and business and legal support services has tried to overcome some of the traditional functional and knowledge silos.

Intellectual property (IP) generation and protection have become essential components of entrepreneurial management. The nimble project case study examines students and professors from business, law, and engineering, faculties and a client who participated in a unique management training collaboration. Our qualitative research explores how multi-disciplinary teams working together from the inception of a business idea provide robust capacity for knowledge transfer and the development of IP literacy. Such collaboration develops resilience in both IP strategic skills development and the ability to respond to adversity. We identify four management learning outcomes related to the Nimble experience: 1) communication and knowledge exchange, 2) importance of IP literacy, 3) resilience, and 4) recognition of the professional differences between disciplines. We build new knowledge and context regarding the development of resilience and skills and the development of IP literacy through learning by doing."