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Begin New Search Topic Intellectual Property/Copyright Publishing Institution Centre for International Governance Innovation

1. International Intellectual Property after the New NAFTA

Author:
Jeremy de Beer
Publication Date:
01-2020
Content Type:
Working Paper
Institution:
Centre for International Governance Innovation
Abstract:
The Canada-United States-Mexico Agreement (CUSMA) is the new high-water mark in international intellectual property (IP) law. CUSMA includes most of the Trans-Pacific Partnership provisions that were suspended in the Comprehensive and Progressive Trans-Pacific Partnership, except for a few pharmaceutical-related provisions amended after signing. Canada will be required to make meaningful changes to domestic IP laws, including copyright term extension, criminal penalties for tampering with digital rights management information, restoration of patent terms to compensate for administrative and regulatory delays, broader and longer protection for undisclosed testing data and other data, new civil and criminal remedies for the misappropriation of trade secrets, and additional powers for customs officials to seize and destroy IP-infringing goods.
Topic:
International Trade and Finance, Regional Cooperation, Intellectual Property/Copyright, NAFTA, and USMCA
Political Geography:
United States, Canada, North America, and Mexico

2. Ensuring Respect for Indigenous Cultures: A Moral Rights Approach

Author:
Brigitte Vézina
Publication Date:
05-2020
Content Type:
Working Paper
Institution:
Centre for International Governance Innovation
Abstract:
From commercials to movies to fashion, Indigenous artworks have been misused in ways that are offensive to the artists who created them and disrespectful of the cultures that inspired them. Using Indigenous traditional cultural expressions (TCEs) without acknowledging their sources or providing financial compensation to the artists undermines the TCEs' traditional value and amounts to cultural theft. This paper looks at protecting TCEs using copyright's moral rights approach, which provides intellectual property protection based on acknowledgement, respect and integrity.
Topic:
Arts, Intellectual Property/Copyright, Culture, and Indigenous
Political Geography:
Canada and North America

3. Comparing Transnational IPR Policy: Closing the Gap in Canada's Patenting Regime

Author:
Samah Rahman and Shashanth Shetty
Publication Date:
07-2015
Content Type:
Working Paper
Institution:
Centre for International Governance Innovation
Abstract:
Canada is lagging behind in research and development (R&D) commercialization, ranking fifteenth in the World Economic Forum’s 2015 Global Competitiveness Report. One of the most important contributing factors to the gap between R&D and competitiveness is that new entrepreneurs lack the monetary and informational resources to access intellectual property (IP) legal expertise. The authors of this brief argue that the Canadian government’s strategies have been ineffective, and its current policy initiatives have failed to consider the importance of disseminating IP legal knowledge directly to innovators. It is recommended that the government look to the models used by the United States and South Korea to mobilize IP legal knowledge within the entrepreneurial community. This can be achieved by establishing a national IP legal clinic at the university level — as well as increasing funding for existing programs and creating a virtual clinic — and including an IP rights application course in select university programs, targeting innovators who will require IP legal advice in the future.
Topic:
Economics and Intellectual Property/Copyright
Political Geography:
United States, Canada, and South Korea

4. The Case for Intellectual Property Rights: Should Patents Be Strengthened, Weakened or Abolished Altogether?

Author:
Joël Blit
Publication Date:
11-2015
Content Type:
Policy Brief
Institution:
Centre for International Governance Innovation
Abstract:
This policy brief recommends that to diminish the potential for holdup, uncertainty around patent rights should be reduced. Patents should be easily searchable and more easily understood by non-legal experts. In addition, patents should be narrower and more clearly demarcated. To the extent that the welfare costs of patents appear to outweigh their benefits, the requirements for obtaining a patent should be tightened. Further, patents should be made less broad and, concomitant with the reduction in the length of the product cycle, the length of patents should also be reduced.
Topic:
Economics, Intellectual Property/Copyright, Governance, and Law
Political Geography:
North America

5. The New Innovator’s Commercialization Dilemma

Author:
James Hinton and Kent Howe
Publication Date:
04-2015
Content Type:
Working Paper
Institution:
Centre for International Governance Innovation
Abstract:
This report outlines the impetus behind the Centre for International Governance Innovation (CIGI) International Intellectual Property Law Clinic, which operated for three months in 2014. It consisted of a partnership among the CIGI International Law Research Program (ILRP), Communitech (the Region of Waterloo’s hub for commercialization of innovative technologies) and leading intellectual property (IP) law firms. The report describes the new innovator’s commercialization dilemma — a multifaceted dilemma arising from lack of IP legal knowledge, lack of financial resources and the high costs associated with IP protection, all of which combine to place the new innovator in a vulnerable position at the early stages of their commercialization timeline. After briefly surveying the current environment for entrepreneurship-based clinics, the report describes the elements and structure of the CIGI clinic. The advantages for participating students as well as first-hand accounts of the benefits of the CIGI clinic are also detailed. Taking lessons learned from the CIGI clinic, the report illustrates how an IP-focused law clinic can help to address the commercialization dilemma. The report describes the manner in which IP clinics might be structured, while reviewing the associated benefits and challenges for each structure. The report also makes brief recommendations for governments, law societies, law schools and IP offices to support the provision of IP legal services through the law clinic model.
Topic:
Environment, International Trade and Finance, Intellectual Property/Copyright, Governance, and Entrepreneurship
Political Geography:
Global Focus

6. Climate Technology Partnerships: Form, Function and Impact

Author:
Arunabha Ghosh, Anupama VijayKumar, and Sudatta Ray
Publication Date:
10-2015
Content Type:
Working Paper
Institution:
Centre for International Governance Innovation
Abstract:
With halting progress in climate negotiations, there are growing calls for partnerships among self-selected pools of countries, in the expectation that they would facilitate consensus (among both developed and developing countries) and result in faster decision making. In critically examining such a claim, this paper asks: what kinds of partnerships could facilitate coordinated climate-related action across several countries? By focusing largely on technology partnerships (a key demand in climate negotiations), it examines characteristics of successful partnerships and the conditions under which they are created and sustained. While the motivations of existing partnerships are diverse, their functional scope has remained limited. A review of more than 30 initiatives reveals that very few had been designed to extend beyond sharing knowledge and some preliminary research and development activities. Even fewer had enlarged functional focus on actual transfer of equipment, joint production or extensive deployment mandates. The paper intensively analyzes the purpose, membership and governance of four partnerships. Drawing on their lessons, the paper identifies critical features — appropriate financing, leveraging capacity, flexible intellectual property rules and coordination across several institutions — which could become the foundation of new partnerships to deliver measurable action and possibly increase trust among negotiating parties.
Topic:
Climate Change, Development, Energy Policy, Science and Technology, Intellectual Property/Copyright, and Governance
Political Geography:
Global Focus

7. The Case for Intellectual Property Rights: Should Patents Be Strengthened, Weakened or Abolished Altogether?

Author:
Joel Blit
Publication Date:
11-2015
Content Type:
Working Paper
Institution:
Centre for International Governance Innovation
Abstract:
The case for patents rests crucially on three conditions: that innovation is undersupplied in the absence of patents; that patents promote increased innovation; and that the welfare benefits of any additional innovation outweigh the welfare costs associated with the temporary monopoly that patents generate. While it is probably true that innovation is undersupplied, the empirical evidence is mixed on whether patents foster innovation. This may be due to patents stifling cumulative innovation because of holdup and ex ante uncertainty over patent rights. This policy brief recommends that to reduce the potential for holdup, uncertainty around patent rights should be reduced. Patents should be easily searchable and more easily understood by non-legal experts. In addition, patents should be narrower and more clearly demarcated. To the extent that the welfare costs of patents appear to outweigh their benefits, the requirements for obtaining a patent should be tightened. Further, patents should be made less broad and, concomitant with the reduction in the length of the product cycle, the length of patents should also be reduced.
Topic:
Human Welfare, Science and Technology, Intellectual Property/Copyright, and Governance
Political Geography:
United States

8. Strengthening Canada's Copyright System: A Fairer Mechanism for Fair Use Claims

Author:
Cory Campbell and Scott Janz
Publication Date:
10-2014
Content Type:
Policy Brief
Institution:
Centre for International Governance Innovation
Abstract:
By granting limited monopolies to rights holders and securing profits from the sale and circulation of their works, copyright law is an important mechanism for incentivizing innovation and the creation of cultural content. However, limiting how users interact with protected materials also imposes a number of social costs, such as threatening the ability of individuals to express themselves by engaging with protected media and hindering cumulative innovation. Modern copyright law has sought to minimize these social costs through fair use provisions, which allow for the reasonable use of copyrighted material.
Topic:
Science and Technology and Intellectual Property/Copyright
Political Geography:
Canada