Centre for Intellectual Property Policy

McGill Faculty of Law

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Events • Presentations and Papers

CANNED KNOWLEDGE Non-compete agreements and labor mobility of highly skilled employees in innovation industries

Held at McGill on Nov. 20, 2009

http://www.multiwebcast.com/cipp/2009/canned_knowledge


Innovative to Abuse? Exploring the interactions between IP and competition law

29 October 2008

On October 29th, 2008, McGill’s Centre for Intellectual Property Policy (CIPP) and McMillan LLP, under the leadership of Professor Pierre-Emmanuel Moyse and Patrick Goudreau, held its inaugural Competition and Innovation colloquium on the theme: “Innovative to Abuse? Exploring the Interactions between Intellectual Property and Competition Law.”

In an economy where the capacity to innovate is conceived of as the driving force of today’s economy, intellectual property rights (IPRs) have generally been presented as being instrumental to such progress. In the last decade however, critics started to see in IPRs a potential for abuse, causing prejudice to fair competition and consumer welfare.

A recent decision of the European Commission in the Microsoft case reflects this concern that dominant players are using IPRs strategically to erect entry barriers and “lock out” competitors in a way that leaves “little scope for innovation.” According to the Commission, an order “require[ing] Microsoft to refrain from fully enforcing any of its intellectual property rights … would be justified by the need to put an end to the abuse.” Similarly, cases such as Kraft Canada v. Euro-Excellence in Canada, and In re Rambus in the United States, have become battlegrounds for innovation, IPRs and competition law and policy.

CIPP’s colloquium presented a unique opportunity for students, policy-makers, scholars and legal practitioners from Canada, the United States and Europe to hear and examine lessons learned from recent cases and to explore interactions between innovation and competition law in today’s rapidly-changing markets.

  • Colloquium report (CIPP)
  • Does the law tolerate a vacuum? IP and competition law in Canada (Martin Low, McMillan)
  • Innovation and competition enforcement in Canada (Adam Fanaki, Special Counsel to the Commissioner of Competition)
  • Innovation: a challenge for law (Pierre Larouche, Tilburg Law and Economics Center)
  • Toward a new era of intellectual property: aligning competition and innovation policy (Richard Gold, McGill University)

Pop & Policy: Music Fast Forward

October 3-6, 2007

The successful Pop & Policy conference was held in October 2007 with Schulich School of Music and the international festival Pop Montreal. Some of its most interesting sessions were webcasted and can now be seen online:

Digital and Analog: Who is Buying?
~ 1:57:10

The Future of Analog
~ 1:38:34

Creating, Generating Revenues and Sharing
~ 1:26:52

Copyright and Collaboration
~ 1:25:02

Fast, Cheap and Out of Control
~ 1:51:50

Cramping my Sampling, Rewriting Copyright
~ 1:20:22

O, Canada! It can happen here
~ 1:24:07

Patti Smith interviewed by John Nichols
~ 1:23:01


Musical Myopia, Digital Dystopia: New Media and Copyright Reform

March 23, 2007

On Friday March 23, McGill's Centre for Intellectual Property Policy and Schulich School of Music organised a one-of-a-kind conference on copyright challenges in the digital era.

Morning panels held in Tanna Schulich Hall were webcasted and are available on line.

Hear and see thoughts from the most influential people involved, including Professor Terry Fisher from Harvard (founder of Noank Media), Bruce Lehman (drafter of the U.S. DMCA), Professor Michael Geist from the University of Ottawa and legendary producer Sandy Pearlman.


Workshop on Intellectual Property, Biotechnology Capacity and Development (Buenos Aires, Argentina)

September 25-27, 2006

This event - hosted at the Argentinian Agencia Nacional de Promoción Científica y Tecnológica - was a workshop initiated by the IPMG in the context of its research project “Legal models of intellectual property protection: a transdisciplinary approach” funded by the Social Sciences and Humanities Research Council of Canada and the Canadian Institutes for Health Research.

The workshop brought together policy-makers, non-governmental organizations, industry and academics to examine how developing countries can best configure their intellectual property systems to attract and retain scientists and investment in local research and development. The workshop focused specifically on policy options available to developing countries to enhance their scientific infrastructure. These options include novel mechanisms to make venture capital available to start-up technology firms, collaborative science mechanisms and novel reward systems for innovation. In addition, the workshop explored cutting edge social science research on innovation systems and intellectual property.

  • Brazilian Legal Infrastructure for Further Developing the Biotechnology/Innovation Industry (Edson Beas Rodrigues Jr.)
  • Canada: Challenges and Models for Biotechnological Innovation (Tania M. Bubela)
  • Financing Biotechnology Innovation in Brazil (Eduardo Emrich Soares)
  • Is Development Best Facilitated Nationally or Through Regional Cooperation and Harmonization: The Case of Biotechnology (Carlos Alberto Primo Braga; John Anthony Daly; Nancy Adele Johnson)
  • Latin American Consortium on Biotechnology IP (E. Richard Gold)
  • Managing Bilateralism and Multilateralism to Achieve IP Policy Objectives (Maristela Basso)
  • Reclaiming “Common Heritage” Treatment in the International PGR Regime Complex (Keith Aoki)
  • Stimulating Medical R&D When Inventions Enter the Public Domain (James P. Love)

The Role of Intellectual Property Rights in Biotechnology Innovation (Florence, Italy)

October 24-25, 2005

This event - hosted at the European University Institute in Florence - was the fourth of a workshop series initiated by the IPMG in the context of its research project “Legal models of intellectual property protection: a transdisciplinary approach” funded by the Social Sciences and Humanities Research Council of Canada and the Canadian Institutes for Health Research.

The purpose of this workshop was to examine the role of intellectual property rights in near- and medium-term innovation. Intellectual property rights (“IPR”) are often characterized as catalysts for biotechnology innovation. Their role in stimulating innovation is not always certain, however, and some believe they have the opposite effect. Workshop participants from a number of disciplinary and regional perspectives considered each of these competing claims. This diversity of opinion and expertise was crucial to the methodology of IPMG’s project since one of its interests is to uncover deeply held assumptions about the role intellectual property rights in innovation systems.

  • Are intellectual property rights quanta of innovation? (J. Adam Holbrook, Simon Fraser University)
  • Biotechnology Patents and Public Trust: the Need for Governance? (Timothy Caulfield, University of Alberta)
  • Intellectual Property Rights in Innovation Systems (Koichi Sumikura, National Institute for Policy Studies)
  • Intellectual property, information and divergences in economic development - Historical patterns and statistics circa 1421-2000 (Ian Inkster)
  • Language Systems 3.0: An Agenda for a Model of Innovation (Clinton Francis, Northwestern University)
  • National and International Comparisons (Richard Boadi, African Agricultural Technology Foundation)
  • On the border: biotechnology, the scope of intellectual property and the dissemination of scientific benefits (Christopher May, Lancaster University)
  • On the comparative Institutional Economics of Intellectual Property in Biotechnology (F. Scott Kieff, Washington University in St Louis)
  • Open development: is the "open source" analogy relevant to biotechnology? (Walter G. Park)
  • Research & development, innovation and patenting (Marco Ceccagnoli, Georgia Institute of Technology)
  • Value measurement and reporting collaborative - the new paradigm initiative (Patrick Sullivan)
  • Watch what you export (Tina Piper, McGill University)

Biotechnology and Intellectual Property: Restructuring for the Public Benefit (Montreal, Canada)

September 26-27, 2005

IPMG's third international workshop was held in Montreal in September 2005. The meeting explored how ideas are translated into policy and focused on the creative uses of IP systems to harness public benefit from biotechnological innovation. Meeting participants included senior individuals responsible for policy development from Canada, the United States and Latin America.

  • Biotechnology in Brazil (Maristela Basso)
  • Biotechnology Initiatives and Intellectual Property Rights Concerns in Peru (Javier Verastegui)
  • From Research to Policy: the work of the Intellectual Property Modeling Group (Richard Gold and Lori Knowles)
  • From the Tower to the Hill: Moving ideas and Research Into the Policy Realm (Andy Burness)
  • La biotecnologia en America Latina (Maristela Basso)
  • Leveraging Scientific Commons to Foster Innovation, Access and Affordability (David Bollier)
  • Workshop report (IPMG)