Authorizing the celebrity : appropriation of personality.
It can be a contrast of privacy.
This area of law was invented in the USA.
List of 10 celebrities:
- Ellen Degeneres
- Morgan Freeman
- Russell Brand
- Britney Spears
Why do we have patents?
Period of monopoly allows recuperation of investment, free from competition
A bargain between society and its inventor
Provides incentive for innovation
Returns to the public storehouse of knowledge
Public interest and balance
Schmeiser v. Monsanto.
A big agricultural company produces genetically altered canola, so
pesticides have no effects on the plants.
The seeds were patented, and allowed the farmers who bought them to use
them for a limited amount of time and purpose.
What is Employment Law?
EL is concerned with the rules that govern the relationships between employers & employees.
A workers terms & conditions of employment are determined by a combination of processes
negotiations with the employer that are incorpora
The Common Law Obligations of Employees & Employers under the Contract of Employment
Employees Express Contractual Obligations
Include: basic pay, basic hours of work and vacations
The legislation was meant to aid the issues that occur within the workplace. The legislation and
compensation out of the legislation is meant to address accidents and injury that arise out of and
in the course of employment. Workers c
Wage Gap 2009
Women working full-time for the full year earned an average of 72% as much as
The pay gap is even greater for university educated women who earned just 68% as much
3 Models of Equal Pay Legislati
Employment Law Class 8 - Professor Ruben Benmergni
Employment Standards Legislation
Master/Servant (slavery) crafts/guilds (small businesses) industrial revolution criminal
conspiracies (people going against the boss, considered criminal)
Statute law non-
Who is an Employee & Employer?
Formation & Modification of the Employment Contract
Key distinction between working relationships
Employees: contract of service
Independent Contractors: contract for services
Employee: engaged in a working relationship,
Discussion of the Readings
What is Joseph Stiglitzs primary argument? What is the central problem from his
Would any of the other authors agree?
What is the dominant justification offered for patents? Does he agree with it?
What are some
What are a user's rights?
Experiment and research
Government product approval: it can be used for those purposes. It applies only to
products and not to CIPO (processes?). You need this approval to sell the patented
Stockpiling (e.g. drugs): the
Emergence of the right of publicity in Canada:
Krouse v. Chrysler Canada (1973).
Bobby Krouse was a football player (number 14), who was not particularly famous.
There were a lot of pro-football spotters (on TV commercials?) at that time.
On little cards
Definition of goodwill by the court:
positive association that attracts customers towards its owners wares or
services rather than those of its competitors
Factors in considering if goodwill has been depreciated (you have to consider all
of the factors, n
Mattel Inc. v. 3894207 Canada Inc., 2006:
There is a restaurant called Barbies, referring to barbecues. But at this time,
Mattel owned the trademark on the name Barbie.
So Mattel opposed the application.
But no plastic dolls were proposed in the restaura
Property in the senses : Trademark II.
The Intellectual Property Journal: pick up a topic you use in your everyday life.
Record your encounters with that form of IP, but not necessarily all the time you
Put your thoughts on t
Horton v. Tim Donut Ltd. (1997): the public interest exception.
The hockey legend, Tim Hortons widow sued the current owners of the donut business
for appropriation of personality, after photographs of Horton were reproduced in a
painting done by a famous
Inventors, Investors and Citizens: Patent I.
Mertons 4 principles of normative science
Universalism: A value of good science. Does not mean that one idea applies in
every instance. Science is supposed to be making impersonal knowled
Biopatents/Biopolitics: Patents II.
What do patents protect?
Bio-patenting: What is an invention?
Is bio-patient a natural occurrence?
specifies ways in which technics can intensify and multiply force and forms of vitality
Re Application of Abitibi Co.
a. In Canada patents have been patentable since 1965
b. Found that a yeast culture was a patentable subject
b.i. Appeal board said because microorganisms are produced on mass,
they are more like a chemical pr
Every year in October, Columbus Day is celebrated across the United States in
celebration of the man who discovered the western hemisphere. However, should we really be
celebrating this explorer? In his conquest for greed and power, Columbus and his men c