Architectural Drawings, Drafting Software, and the Scope of Copyright Protection-

Photo of Dragana Bukejlovic standing in front of brick wall.

  June 21, 2017   Technological advancement has had a substantial impact on many industries throughout the last century.  Computer software has enabled professionals and every day users to perform their work in a more efficient way. Drafting software has had an impact on the architectural industry in particular. Gone are the days of architectural technologists and architects manually drafting hundreds of pages of blueprints or manually constructing 3D models of proposed buildings. Prior to attending Windsor Law, I worked as a Junior Mechanical Estimator. I was trained to read mechanical drawings, and while I am now in law school, I have taken opportunities to bridge my previous work experience with areas of the law I am exploring. This experience served as the inspiration for thi ...

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To Scan or Not to Scan

In 2012, the Copyright Modernization Act came into force, adding “education” to the list of fair dealing purposes that do not infringe copyright. Concordia University’s Centre for Expanded Poetics [the “Centre”] appears to have either relied on the expanded definition of fair dealing, or on their licence agreement with a copyright collective; since as early as 2015, the Centre has scanned books written by poets and made these texts available online for students and the general public to access for free. This activity went unnoticed until earlier this year, when the Writers’ Union of Canada and The Globe and Mail contacted the publishers of the texts reproduced online and asked if the Centre had requested their permission. They hadn’t. This prompted the publishers to complain to the Centre ...

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A Pivotal Technology in the Development of Gene Therapy: The ongoing CRISPR-Cas9 patent battle

On February 15,2017, the United States Patent and Trademark Office (USPTO decided to uphold the patents from both Feng Zhang and Jennifer Doudna regarding the CRISPR-Cas9 gene editing technology. The USPTO rejected Doudna’s claim that Zhang’s patents, had interfering claims with her earlier patents on the CRISPR-Cas9 technology. These patents cover biotechnology which could be adopted for gene therapy procedures in hospitals. Gene therapy procedures have the potential for curing many diseases like cancer and Alzheimer’s which we are currently unable to adequately treat using drug therapy. Due to their implications in medicine. patent battles over technology capable of being used in gene therapy are extremely important in the search for cures to such diseases. The CRISPR-Cas9 patent battle ...

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Blockchain has the potential to remake the internet landscape. Are we ignoring the legal and regulatory risks?

By Muharem Kianieff, Associate Professor University of Windsor Faculty of Law   Satoshi Nakamoto[1] is a name that most people associate with the development of Bitcoin, the famous crypto-currency payment system that promises to make direct peer to peer payments between individuals without the use of an intermediary.  While Bitcoin has yet to displace traditional payment mechanisms as means of transacting, the underlying infrastructure of Bitcoin, the Blockchain, may prove to be Nakamoto’s most enduring invention.  It is this underlying internet infrastructure that is said to be ushering in what some commentators have referred to as the Internet of Value as distinct from the first iteration of the Internet, the Internet of Information.[2]   The Blockchain is a sophisticated netwo ...

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Technological Neutrality: Tension and Limitations

By Pascale Chapdelaine, Associate Professor University of Windsor Faculty of Law In this post, Professor Chapdelaine reflects on the principle of technological neutrality as applied to copyright law in recent judgments by the Supreme Court of Canada. While intuitively appealing, in particular in how the Supreme Court has applied technological neutrality to balance the competing interests of copyright holders and users, Professor Chapdelaine points to the inherent limitations and tensions that lie at the heart of the principle of technological neutrality. Technological neutrality has been defined in the context of Canadian copyright law as the principle that the law should ‘apply equally between traditional and more technologically advanced forms of the same media,’[1] allowing the relevant ...

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