Ghost Authorship of Medical Articles Considered Fraud 1

An article published yesterday in PLoS Medicine, and first presented at an event hosted by the CILP, by Professors Simon Stern and Trudo Lemmens has been receiving considerable media attention. Titled “Legal Remedies for Medical Ghostwriting: Imposing Fraud Liability on Guest Authors of Ghostwritten Articles“, Stern and Lemmens argue that “guest authorship is a disturbing violation of academic integrity standards, which ...

Beyond Refusal to Deal: A Cross-Atlantic View of Copyright, Competition and Innovation Policies

Paul-Erik Veel and Professor Ariel Katz have recently released a paper comparing the Competition Law in the European Union and the United States. The abstract: Conventional wisdom holds that the European Union, through the application of its competition law, has opted to subordinate intellectual property rights in the pursuit of competitive markets to a much greater extent ...

Canada’s Pharmaceutical IP Laws Stronger Than You Think 1

As globalization shrinks our world, new connections are being made in unexpected areas. One such connection is a proposed trade agreement between Canada and the European Union that could have substantial implications on the domestic costs of pharmaceutical drugs if passed. As part of the the trade negotiations, the E.U. has proposed changes to Canada’s ...

Prof. Iacobucci: Report on IP Protection for Pharmaceutical Companies

In response to the Canadian Intellectual Property Council’s (CIPC) report earlier this year, which claimed that Canada’s IP regime lags behind that of international competitors, Prof. Edward Iacobucci, Osler Chair in Business Law at the University of Toronto, has prepared his own. He argues that IP protection for pharmaceutical companies in Canada is actually stronger than that of other ...

The First Sale Doctrine: What Antitrust Law Can (and Cannot) Teach

Professor Ariel Katz recently posted a new paper on SSRN.  The paper is based on a presentation that he gave at the Exhaustion and First Sale in IP Conference held at Santa Clara Law School last November.  Abstract: “The first sale doctrine (or exhaustion) limits the exclusive rights that survive the initial authorized sale of an ...

Canada’s Inadequate Drug Patent Protection? 1

The Canadian Intellectual Property Council is urging Canada to toughen its patent protection for drug makers if it does not want to lose out on lucrative pharmaceutical investment and jobs to the U.S. and Europe.  According to its recent report, the life of a patent in Canada, once the drug is on the market, is significantly shorter than ...

Biobank Governance, Privacy, and Informed Consent: Austin and Lemmens

[By Prof. Trudo Lemmens] Medical research is increasingly relying on biobanks, large repositories of human biological material and related health information. These can be best conceived as elaborate research infrastructures, which allow researchers, often brought together in international research consortia, to study in more detail the long-term interaction between genes, environment and life-style. Biobanks are ...

The Linguistic and Trust Functions of Trademarks

[Professor Katz's new paper is freely available on SSRN.] Modern trademark scholarship and jurisprudence view trademark law as an institution aimed at improving the amount and quality of information available in the marketplace. Under this paradigm—known as the search-costs theory of trademarks—trademarks are socially beneficial because they reduce consumer search costs, and as a consequence ...

Exceptions Properly So-Called

Professor Abraham Drassinower has a new paper titled “Exceptions Properly So-Called“. The abstract is reproduced below. The paper sets out to distinguish four kinds of copyright limitations, of which only one can be regarded as a true exception. There are (a) subject matter limitations, (b) scope limitations, (c) miscellaneous exceptions, and (d) exceptions properly so-called. ...