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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."