Intellectual property is traditionally split into three main segments that of copyright, patents and trademarks. In theory, each category of intellectual creations should belong in only one segment of the system and only to the extent authorized by relevant statutory provisions or judicial...

The first sale or patent exhaustion doctrine reflects the limited nature of patents. In Quanta Computer, Inc. v. LG Electronics, Inc., the Supreme Court reaffirmed the principle that the authorized sale of a patented item exhausts the patent as to that item. However, in the context of...

The Supreme Court in Quanta Computer, Inc. v. LG Electronics, Inc. reaffirmed the principle that the authorized sale of a patented item exhausts patent protection as to that particular item. However, it is unclear how the patent exhaustion/first sale doctrine should apply in the context of...

This paper examines the duty of disclosure in patent law and discusses the potential insufficiency of disclosing a computer program’s functionality in patent applications for certain categories of software – applications working on closed platforms. In Canada, software patents are generally...

In the land of ‘Jugaad’, where everyone is able to find a frugal fix toany problem, innovation is still dismal. Innovation in India is dismal not because of the lack of grey matter, but because India is systemically failing its inventors – firstly, through an education system that focuses...

Biotechnology has never demonstrated its benefits to society more than in 2021. The SARS-CoV-2 virus that caused the CoVID-19 pandemic met a formidable opponent in mRNA vaccines developed and supplied by Moderna and Pfizer/BioNTech. These vaccines are claimed in myriad – not Myriad – patents...

Strategic patenting is widely believed to raise the costs of innovating, especially in industries characterised by cumulative innovation. This paper studies the effects of strategic patenting on Ramp;D, patenting and market value in the computer software industry. We focus on two key aspects:...

The implementation of patent law in the emerging market countries is having an impact on the international patent system. First, it is apparent that the principal emerging market economies are not strictly adhering to the patent regimen of the USA, Europe and Japan, but are instead adapting...

When are too many Open Source Licenses enough? There is a need to reduce the number of Open Source Licenses that are available, in the Open Source Software license weltanschauung. However there are arguments for the need to add to the suite of licenses because of the failure of the available...