The Online Civil Rights Project and New Collaboration between Spark LLP and Windsor Law

Adrin ShojaieWindsor Law LTEC Lab Student WriterJD, 2020 Windsor Law and Spark LLP are joining their efforts through the “Online Civil Rights Project” to address issues of social injustice in online environments and in emerging areas of law. Spark LLP will expand its pro bono service offerings to victims of various online activities, and the partnership with Windsor Law will create various research and experiential learning opportunities for Windsor Law students and faculty. The Reclaim Pro Bono Project, will examine the state of the law in Canada and other jurisdictions regarding the unauthorised online disclosure of intimate or sensitive photographs, videos, and other materials. The examination will be used to understand the novel legal issues that emerge in these forms of disclosur ...

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Trademark Triage: An EPICentre Event for Start-ups

Pani SarkisStudent Writer, Windsor Law LTEC LabJ.D. Candidate, 2019 On March 29th, 2019, the University of Windsor’s on-campus business incubator, the EPICentre, in conjunction with Windsor Law, hosted the “Trademark Triage” at the Joyce Entrepreneurship Centre. The event was by invitation only and was aimed at start-ups participating in the EPICentre’s Discovery and RBC Founders programs, as well as those identified by the EPICentre as being close to having their businesses up and running. These programs exist to help University of Windsor students and alumni turn their business ideas into a reality by providing them with a number of different services, such as funding, mentorship and office space. The day began with a round table discussion for all Discovery ...

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Dope Tech: Cannabis, Innovation, and the Impact on Consumers

Ellen Xu, LTEC Lab Student WriterJD Candidate, 2019  On Wednesday, March 20, 2019, Windsor Law LTEC Lab and the Technology and Intellectual Property student club (“TIP”) hosted a panel discussion: Dope Tech: Cannabis, Innovation, and the Impact on Consumers, featuring three panelists with diverse knowledge and expertise in the field. The panelists were Bill Bogart, Distinguished University Professor and Professor of Law, University of Windsor, Faculty of Law; Laurence MacPhie, Partner, Bereskin & Parr LLP; and Jovana Mitich, Auditor and Consultant, Animal Welfare, Food Safety, and Quality. Aaraf Dewan, Windsor Law Dual JD Candidate 2019 and President of TIP, moderated the discussion with other TIP members. The panel addressed various issues relating to the rece ...

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Is the Promise Doctrine No More?

Michelle VinitskyWindsor LawJ.D. Candidate, 2020 The promise doctrine has been criticized for its rigidity in requiring each and every promise made in a patent specification to be fulfilled at the relevant date. In AstraZeneca, the Supreme Court of Canada put the application of this doctrine to rest when it comes to assessing the “utility” requirement of patentability, while leaving the door open for some reformulation of the promise doctrine in other spheres of patent law. Recent lower court judgments have shown little appetite so far towards any reformulation of the promise doctrine.  What is Utility? The Supreme Court of Canada’s 2017 ruling of AstraZeneca Canada Inc v Apotex Inc(“AstraZeneca”)[1]is a landmark judgement in patent law on the question of patent utility. Acc ...

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Consumer Protection in the Age of E-Commerce, Algorithms and Big Data

Pani SarkisStudent Writer, Windsor Law LTEC LabJ.D. Candidate, 2019 On February 6th, 2019, Windsor Law LTEC Lab, led by Professor Pascale Chapdelaine, hosted a panel discussion: “E-commerce, Algorithms, Big Data, Consumer Deception and Protection.”The panel brought together scholars, public agency analysts and officers, and experts in privacy, e-commerce, consumer protection, technology and competition law, to engage in a spirited discussion on a number of issues relating to the current e-commerce practices, with a focus on the best practices in protecting consumers. Nowadays, artificial intelligence, big data and algorithms utilizing these technologies are everywhere, from healthcare services to retail. As with any disruption, this one brings with it both promise and potential peril. Alth ...

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Professor Wissam Aoun’s Spy Watch Invention as a Catalyst to Student Learning

Drawing of Spy Watch prototype

Pani Sarkis Student Writer, Windsor Law LTEC Lab J.D., 2019   Professor Wissam Aoun is the Director of the International Intellectual Property Law Clinic and a Law Professor at the University of Detroit Mercy School of Law. In a recent interview with Windsor Law LTEC Lab, he discussed the patent grant that he recently received for a spy watch, how he used the patent application process of this invention as an important learning tool for students, and his innovations in intellectual property education more generally.                                                                                                                                                                         What is the spy watch invention?   The spy-watch invention is essentially a watch that has a series ...

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Canadian Copyright Reform– Maintaining Copyright’s Legitimacy and Credibility for the 21st Century

Pascale Chapdelaine Chair, Windsor Law LTEC Lab Associate Professor, University of Windsor, Faculty of Law   Professors Pascale Chapdelaine and Myra Tawfik, and nine other Canadian intellectual property scholars [1] recently co-signed a brief submitted to the Standing Committee on Industry, Science and Technology in the context of the Statutory Review of the Copyright Act. [2] Animated by guiding principles of the need to maintain a balanced, distinctly Canadian copyright system, and to steer clear of “copyright exceptionalism,” the brief contains several recommendations of amendments to the Act. Here are excerpts from the brief and a summary of its key elements.   Moving away from “copyright exceptionalism” entails that “the Act must comply with the Canadian Charter of Rights an ...

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Two Windsor Law Students invited to present their research at Global Affairs Canada Digital Inclusion Lab

Nimisha Dubey (J.D., 18) and Kiran Kingra (J.D., 19)   On April 18, 2018, Global Affairs Canada’s (“GAC”) Digital Inclusion Lab and the Canadian Institute for Advanced Research brought together students from across the country in a student symposium aimed at developing policy options in response to the impacts of Artificial Intelligence (“AI”) on human rights. Two students from Windsor Law, Nimisha Dubey (JD ‘18) and Kiran Kingra (JD ‘19), were selected to participate in this Symposium under the supervision of Professor Kristen Thomasen.   The mix of academic backgrounds, such as law, communication studies, international relations and computer science, facilitated an exchange of ideas on the very cutting-edge of public-policy development to help position Canada as a global leader ...

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Patents as “public franchises”: The U.S. Supreme Court’s decision in Oil States Energy Services, LLC v Greene’s Energy Group, LLC

Aaraf Dewan, M.Sc. Student Writer, Windsor Law LTEC Lab  Dual J.D., 2019   The patent system is heralded as a system created to encourage and incentivize innovation. While patent systems have existed since the 1400s, [1] the motivations behind them, their objectives, and their forms are constantly evolving in order to strike a balance between the rights of the public and the rights of patentees. In the recent U.S. Supreme Court (USSC) decision of Oil States Energy Services, LLC v Greene’s Energy Group, LLC [2], the USSC upheld the constitutionality of inter partes review(IPR) proceedings and found the proceedings did not violate either the Seventh Amendment right to trial by jury or the judicial power under Article III of the Constitution. In Oil States, the USSC stated that the grant ...

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Copyright User Rights and Remedies: An Access to Justice Perspective

Professor Pascale Chapdelaine’s article, “Copyright User Rights and Remedies: An Access to Justice Perspective” has just been published in the special issue of LAWS: “Intellectual Property Law in the New Technological Age: Rising to the Challenge of Change?” Abstract:  In contemporary copyright law, there is an ongoing debate around the nature and scope of the rights users should have to copyright works, exacerbated by ongoing technological developments. Within that debate, this article queries the value of looking at the remedies users may have against copyright holders restricting their legitimate uses of works, as a means to further elucidate the nature and scope of user rights. While there is some value in looking at remedies to situate copyright user righ ...

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