IP Disputes: To Arbitrate or Not?
“Arbitration in multi-jurisdictional IP disputes helps avoid inconsistent outcomes and duplication of work, and promotes streamlining of resources, all under the watchful eye of a neutral expert in the field as opposed to a national court that could be seen by one side as partial.” — Fortunat Nadima The expanding commercialisation of intellectual property (IP) rights—through […]
Federal Circuit Provides First Guidance on AIA Derivation Proceedings
By Julius Melnitzer | October 16, 2025 The Board focused on who had been first-to-invent as opposed to who was first-to-conceive – Joshua Spicer The United States Court of Appeals for the Federal Circuit has issued its first decision relating to derivation proceedings under the America Invents Act (AIA). These proceedings, litigated at the Patent Trial […]
Invention Harvesting: How to Fully Tap Your Company’s IP Potential
“Invention harvesting is the first step in obtaining patent protection” – Nicholas Aitken Tapping the full creative potential of its innovators, or invention harvesting, is the golden nugget for companies seeking to build strong patent portfolios. “If intellectual property [IP] is a valuable asset for a company—which it is these days for many—invention harvesting is a […]
Understanding the Development Divide: An IP Problem or a Technology Problem?
By Julius Melnitzer | October 2, 2025 In my view, it’s technological capacity, not IP protection, that’s at the heart of the development divide – Francis Gurry Understanding and overcoming the “development divide” between developed and developing nations requires insight into the synergies between technology development and intellectual property (IP) protection. Arguably, a nation lacking […]
Litigation Funding: A New Era in IP Disputes?
By Julius Melnitzer | September 29, 2025 “Oftentimes, smaller businesses would like to take on bigger companies, and litigation funding has become a very active topic for them.” – Jean-Sebastien Dupont While the litigation funding phenomenon may not yet have had the same impact in the intellectual property (IP) sector as it has in other practice […]
Patent Enforcement in North America: Canada or the U.S.?
“We have been surprised to find that some American patent owners have, over the last eight or nine years, chosen to initiate litigation in Canada first.” – Bob Sotiriadis By Julius Melnitzer | September 19, 2025 Due to the countries’ proximity and their shared common law roots and court systems, cross-border litigation involving parallel cases […]
AI and Copyright Lawyers: Threat, Challenge, and Opportunity
“AI is creeping into everything we do, and doing so daily.” – Tamara Céline Winegust Whether artificial intelligence (AI) will create more or less work for copyright lawyers is a question that demands a multi-layered response. “The answer depends on the kind of AI you’re talking about, bearing in mind that it’s a huge topic, embracing […]
What Do AI Copyright Cases Tell Us About the Future of AI Regulation?
“Recent decisions give us some guidance about how to frame AI regulation, but only partial guidance.” – Vincent Bergeron If there’s a narrative emanating from the host of copyright suits against artificial intelligence (AI) companies across the globe, including 40 in the United States (U.S.) alone, it doesn’t augur well for a harmonised international regulatory scenario. […]
Should AI be declared a separate legal personality? Ask your motherboard
By Marcel Strigberger | August 14, 2025 Hey humans! Should AI be declared a separate legal personality? The Law Commission in the U.K. is studying the notion, noting that the thought is not far-fetched. This means the entity can be a “person” in the eyes of the law, such as corporations, sovereign states, etc., all capable of […]
BARE BONES BRIEFS: Ottawa lawyer defaces Holocaust memorial | Is a drink at lunch during trial break a no-no for counsel? | AI Knowledge Exchange passes on partners’ insights to associates | Turning Parties’ AI Against Them? | Lawyer swims – but not with the sharks
By Julius Melnitzer | August 5, 2025 OTTAWA LAWYER’S VANDALISM RAISES FEARS IN JEWISH COMMUNITY CBC News reports that Iain Aspenlieder, a 46-year-old lawyer fired by the City of Ottawa after being accused of vandalism, has pleaded guilty to mischief to a war memorial after defacing the Holocaust National Monument in June by painting the […]