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This article provides guidance concerning alternative dispute resolution (ADR) options for ownership disputes of inventions conceived within universities. Focusing on an interest-based approach to mediation, this article begins by summarizing the key principles of interest-based mediation. The objective of the interest-based approach to dispute resolution is to explore options for a negotiated resolution that satisfies the interests of all parties. For a negotiated resolution to be the best option for all parties to the dispute, it must present a resolution more favourable than each party’s best alternative to a negotiated resolution (“BATNA”). A BATNA revolves around the outcomes a legal resolution (i.e., litigation) might provide compared to possible negotiated resolutions. Accordingly, a substantial portion of this article focuses on summarizing some of the legal issues at play in most invention ownership disputes. The article then turns to the university context. One of the central objectives of this article is to highlight how the contemporary university is a unique segment of today’s society, in that it is an eclectic mix of economic, social and legal values. The contemporary university rests on neither end of the economic spectrum. It is neither a marketplace driven solely by free market relationships, nor is it a social institution motivated by public interest only. Approaching university policymaking, and specifically, invention ownership policy, entirely from either end of this spectrum is bound to result in disputes. Accordingly, the paper argues that those interested in seeking creative avenues for mitigating against and resolving ownership disputes of inventions must remain sensitive to this reality. Keywords: patent, mediation
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The Supreme Court of Canada is set to decide whether methods of medical treatment constitute patentable subject matter. The concerns surrounding extension of patent protection to methods of medical treatment, argued almost entirely on the grounds of patentable subject matter, assumes that a physician carrying out such treatment is patent infringer. Canadian jurisprudence has largely taken this assumption to be true. Interrogating the historical jurisprudence supporting the prohibition on patentability of methods of medical treatment, this article demonstrates that this jurisprudence is far from clear as to whether the issue is, or should be, approached as a question of patentability or infringement. An analysis of the case law on both patentability of methods of medical treatment, and what constitutes infringing ‘use’ of an invention, demonstrates that both lines of jurisprudence share similar concepts and underlying concerns. This has generated uncertainty as to whether the issue of extending patent protection to methods of medical treatment has ever clearly been a question of patentability. Rather, examining both lines of jurisprudence side-by-side, this piece demonstrates that concerns underlying extension of patent protection to cover methods of medical treatment have historically been categorized as scope of protection concerns, rather than patentability concerns. As such, the debate surrounding patent protection and methods of medical treatment is best characterized as an infringement issue.
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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.
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The first volume of the Canadian Bar Review (CBR) was published in 1923. In commemoration of the centenary of the CBR, this article briefly reflects on the journal’s history. In doing so, we highlight the CBR’s seminal role as a meeting place for scholarship, practice and legal traditions in Canada.
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