It is time to update the idea of “patent fair use” to account for the evolution of technology and of inventive paradigms in the years since O'Rourke's seminal proposal in 2000. A fair-use-type ex post approach to cabining patent exclusivity is even more attractive as a theoretical matter now...

This article provides a detailed critique of the incentives-access binary in copyright discourse. Mainstream copyright theory generally accepts that copyright is a balance between providing incentives to authors to invest in the production of cultural works and enhancing the dissemination of...

Statutory Defences for the copyright infringements are known as “fair use” provisions. These fair use provisions provide some limited exceptions to the rights of the authors. Reproduction of the current economic, political, religious and social issues in a newspaper, magazine, etc... is one...

The Copyright Act (R.S.C., 1985, c. C-42) includes several exceptions to the exclusive right of copyright holders, including the provisions concerning "fair dealing", which state that fair dealing in respect of a literary or artistic work for the purposes of private study, research, criticism or...

As a result of the March 4, 2004 Supreme Court of Canada decision in CCH Canadian Ltd v Law Society of Upper Canada for the first time in Canadian copyright history, the court determined that Canadian law must recognize a user right to carry on exceptions generally and fair dealing in...

Fair use and fair dealing are the most used exceptions to copyright. They are common denominators in national copyright legislations. Whereas they developed from the common law fair use doctrine, both exceptions have different implications in modern times. While the fair use variant is seen as...

Copyright’s fair use doctrine is increasingly applied to large-scale uses of creative works by new digital technologies, such as the Google Books Project. Such technologies—which the Second Circuit has recently come to call “utility-expanding”—allow the public to more productively use...

This paper will describe the drafting history of the Principles of the Law of Software Contracts, with particular attention to the extent of consumer and public-interest group representation in the process. The drafting process, I will argue, did not take adequate stock of problems identified in...

This paper makes a detailed analysis on how parody affects the fashion industry. In addition, the scope of this paper is to advocate the need for a better balance between parody and fashion, which can be arranged by affixing the Trade Mark Dilution Revision Act. This paper starts by making a...