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"The past few decades have been witness to a number of important developments with respect to the global intellectual property (IP) system, which defined broadly encompasses the network of international and regional treaties, constitutional documents, national laws, court decisions, and local practices that make up the substantive and procedural body of IP law worldwide. These developments include the movement away from multilateralism towards bilateralism/regionalism; growing recognition of the various ways in which IP intersects with and impacts areas including human rights, development, trade, and social justice; broad acknowledgement of the economic worth of many IP rights; and important theoretical interventions that have challenged the principles and values underlying the global IP system, including through critical IP theory and the theory of new constitutionalism. These developments have occurred alongside a number of other events, changes, and crises that have changed the landscape of our global communities. Chief among them are climate change; armed conflicts; the COVID-19 pandemic; economic changes to work; and technological shifts including those relating to the internet and artificial intelligence, and their role in society. These economic, environmental, and technological changes have occurred alongside a growing recognition of the inequities that exist within and between societies as well as the ways in which these inequities are reinforced and maintained through systemic discrimination and ongoing colonialism. Given these developments, events, changes, and crises, what is the future of the global IP system? To what extent will the enactment of new treaties (or the reform or implementation of existing treaties) shape IP law over the coming years? What role, if any, will constitutional documents (including bills of rights) play in the context of the global IP system? Will today’s transformations lead to substantive reform of areas of IP law including copyright, trademark, and patents, and if so, which reforms will be given priority? What principles and values will animate the global IP system moving forward? This book is grounded in the belief that there are many possible futures for the global IP system. Countless pathways lay ahead of us, that can be followed or pursued, leading to a multiplicity of outcomes. These futures can materialize in many different ways. Social movements can reach into and through IP to effect change and to embed new values and perspectives. An idea can emerge (sometimes in multiple places at the same time) and, through the hard work of individuals and collectives, both change the way in which individuals perceive a body of law and reshape the law itself. Technological change can create a set of futures that otherwise might not have been available or even imagined."-- Provided by publisher

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.

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

In response to the Canadian government consultation process on the modernization of the copyright framework launched in the summer 2021, we hereby present our analysis and recommendations concerning the interaction between copyright and the Internet of Things (IoT). The recommendations herein reflect the shared opinion of the intellectual property scholars who are signatories to this brief. They are informed by many combined decades of study, teaching, and practice in Canadian, US, and international intellectual property law.In what follows, we explain:•The importance of approaching the questions raised in the consultation with a firm commitment to maintaining the appropriate balance of rights and interests in Canada’s copyright system, within the broader framework of the Constitution;•That the modernization of the Copyright Act requires a careful examination of the copyright framework within larger observable trends of dominant positions in the marketplace and anti-competitive practices, of the extraction of big (personal) data, and of market and legal infrastructures’ heavy reliance on non-negotiated standard form contracts;-That the growing prevalence of the IoT shows more clearly than ever before why Technological Protection Measures (TPMs) need to be recalibrated in keeping with the objectives of copyright, the Constitution, property rights, and of promoting competitive markets.As such, we recommend: -To narrow the scope of the TPM prohibitions under the Copyright Act, whereby the circumvention of access controls or copy controls for non-copyright-infringing purposes would be lawful, with a non-exhaustive list of such purposes to provide greater legal certainty. The same treatment would apply to the dealing in TPM circumvention technology enabling the exercise of non-copyright-infringing purposes.In the alternative, the Copyright Act should be amended to:-Introduce a new exception that would confirm that the TPM provisions (and other relevant exclusive rights in the Copyright Act) do not apply to the right to repair, including for maintenance and diagnostics purposes. -Introduce a new exception to encourage follow-on innovation. -Additionally, just as copyright holders should not be allowed to contract out of exceptions to copyright infringement through non-negotiated standard form agreements, neither should they be allowed to opt out of exceptions to TPM prohibitions by contract.

In response to the Canadian government consultation process on the modernization of the copyright framework launched in the summer 2021, we hereby present our analysis and recommendations concerning the interaction between copyright and artificial intelligence (AI). The recommendations herein reflect the shared opinion of the intellectual property scholars who are signatories to this brief. They are informed by many combined decades of study, teaching, and practice in Canadian and international intellectual property law. In what follows, we explain:- The importance of approaching the questions raised in the consultation with a firm commitment to maintaining the appropriate balance of rights and interests in Canada’s copyright system, consistent with a robust principle of technological neutrality.- The importance of ensuring that text and data mining (TDM) activity can be undertaken in Canada without the threat of potential copyright liability. We therefore propose both an opening up of Canada’s fair dealing doctrine to better accommodate TDM activities, and the enactment of a specific statutory provision to confirm that uses of copyright works and other subject matter for TDM (whether commercial or non-commercial) do not infringe copyright. - The importance of resisting calls to extend copyright protection to AI-generated outputs. We therefore propose maintaining and confirming the existing principled requirements of human authorship and original expression as preconditions of copyright protection, and we caution against any move to establish new neighbouring or sui generis rights in respect of AI outputs. Works generated by AI should remain in the public domain. As such, we recommend:- Enacting a broad statutory provision confirming that use of a work or other subject matter for TDM does not infringe copyright. This specific exception should be available to all users, apply to commercial and noncommercial uses, permit the retention and sharing of copies, and be protected from contractual override. - Amending section 29 of the Copyright Act to make the list of purposes an illustrative list (“for purposes such as”) and adding TDM or data/informational analysis as an enumerated purpose therein.- Confirming in section 2 of the Copyright Act that “author” means a human being/natural person; and confirming in section 5 of the Copyright Act that copyright shall not subsist in a work created without a human author.

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.

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."

In a brief submitted to the standing committee on industry, science and technology, 11 Canadian intellectual property scholars urged Parliament to maintain a balanced, distinctly Canadian copyright system that guards against external...

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.

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.

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.

"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.