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Prof. Pina D’Agostino is the Founder and Director of IP Osgoode, the IP Intensive Program, and the IP Innovation Clinic, the Founder and Editor-in-Chief of the IPilogue, the Deputy Editor of the Intellectual Property Journal, and an Associate Professor at Osgoode Hall Law School. This article features contributions from Ryan Wong (IP Osgoode & IP Innovation Clinic Alumnus), Sabrina Macklai (IPilogue Senior Editor), Tianchu Gao (IPilogue Writer), and Ashley Moniz (IPilogue Managing Editor).

2021 was an exciting year for the IPilogue. Our hard-working students and community members published more than twice as many articles than in 2020 and the most articles in a calendar year since 2011. This sharp increase helped us stay up to date with some of the biggest topics shaking up intellectual property: from , to ; and from growing investments in and , to IP registrars around the world grappling with whether to acknowledge ��as an inventor or artist. This article summarizes the top developments reported on our blog and in patents, trademarks, and copyright law in 2021. For a review of Privacy legislation in Canada, check out .

Top 10 Most Read IPilogue Articles Published in 2021

1. by Sabrina Macklai & Emily Chow
2. by Prof. David Vaver
3. by Claire Wortsman
4. By Claire Wortsman
5. by Natalie Bravo
6. by Prof. Giuseppina D’Agostino
7. by Bonnie Hassanzadeh
8. By Meena Alnajar
9. by Prof. David Vaver
10. by Bonnie Hassanzadeh

Introducing the College of Patent Agents & Trademark Agents

On , the came into force. The Act established the (‘’), an independent public interest regulator of patent and trademark agents in Canada. The purpose of the College is “to enhance the public’s ability to secure the rights provided under the and the .” The College’s responsibilities include maintaining professional competencies and ethics, issuing licences, collecting fees, and administering certification exams. This development marks a key milestone for the profession and for Canada’s . Though still in its infancy, the College has been criticized for and its , which may impose an additional fee on lawyer agents. It remains to be seen how influential the College is on the profession as it is expected to be fully operational within the next two years.

Patents

Overbreadth as an Independent Ground of Invalidity

On July 28, 2021, the Federal Court of Appeal confirmed overbreadth as a standalone attack on patent validity: . In this case, the appellants argued that there is no statutory basis for overbreadth as a ground for invalidity. The Federal Court of Appeal disagreed and found that overbreadth can be supported by a combination of sections 27(3) and 27(4) of the Patent Act. Case law has often overlapped overbreadth with other grounds of invalidity such as obviousness, anticipation, and inutility.��

First Time Interpreting Patent Agent Privilege

Similar to solicitor-client privilege, patent agent privilege was introduced by section 16.1 of the Patent Act on June 24, 2016. The first case on patent agent privilege was decided this year: In this decision, the Federal Court provided some helpful commentary and analysis on the application and limitations of patent agent privilege.��

Patent Prosecution History Now Admissible as Evidence

In 2018, section 53.1 of the Patent Act was added to make patent prosecution history admissible as evidence in patent proceedings. This was a significant development as the Supreme Court of Canada had expressly rejected the idea and stated that admitting patent prosecution history “would undermine the public notice function of the claims, and increase uncertainty as well as fuelling the already overheated engines of patent litigation” (Free World Trust v Électro Santé Inc., 2000 SCC 66 at para. 66). Three subsequent Federal Court of Appeal decisions developed this provision further: ; ; and .��

Continued Debates over AI as an Inventor

Around the world, patent registrars grappled with patent applications that credit artificial intelligence software as the inventor. Dr. Stephen Thaler’s “DABUS” (Device for Autonomous Bootstrapping of Unified Sentience) applied for patents around the world for its interlocking food containers. DABUS was granted patents in Australia and South Africa, with . In line with the and the , the disagreed, stating that absent express intention from Congress, the term “individual” in their statutory definition of “inventor” . The Supreme Court of Canada last considered the definition of "inventor" in 2002, but has yet to consider whether it would include non-human entities.

Trademark Law

Parody in Trademarks is No Joke

In , the Federal Court reaffirmed that parody is not a defence against trademark violation. Unlike the 2020 decision ), where the Federal Court failed to find the marks confusing, Justice McHaffie held there was a likelihood of confusion and passing off. This was based partly on the similarity of the trademarks and the overlap of the goods (both offering baked goods). However, even if the nature of the parties’ trades differ, trademark owners may still find recourse against spoofed versions of their marks through claiming depreciation of goodwill under section 22 of the . Here, the Court found goodwill in Subway’s trademarks, which was damaged by the nature of Budway’s products, as contrary to Subway’s “healthy and active” lifestyle promotion. With damages amounting to $40,000, it is clear the courts are unamused by parody in trademarks.

The Road Less Travelled Cannot be Trademarked

Like most countries, Canada bars the registration of “clearly descriptive” trademarks to prevent applicants from monopolizing words that merely describe the goods or services at hand. For this reason, marks consisting of are typically unregistrable. In , the Federal Court clarified when such marks might be protected. Hidden Bench and Locust Lane are two wineries operating on the same little road, “Locust Lane”. Although the Federal Court agreed that Hidden Bench met the threshold for a valid common law trademark over “Locust Lane”, they ultimately held that the mark, as clearly describing the goods and services’ place of origin, lacked both inherent and acquired distinctiveness. Therefore, Hidden Bench could not establish the necessary goodwill for a passing off claim. Only descriptive marks that have acquired a “secondary meaning” through use may warrant protection.

CIPO Addresses the Application Backlog

While filing trademarks is important for brand protection, the examination stage can take . In May, the Canadian Intellectual Property Office (CIPO) new measures to address the application backlog. Trademark owners may now file requests to expedite their examination where the registration of their mark is necessary for special circumstances such as if a Canadian court action involving the mark is expected or underway or if the goods or services are aimed at preventing, diagnosing, treating, or curing COVID-19. If accepted, the examination will take place within two weeks. The examination is also automatically expedited by approximately 6-10 months when the goods and services in the application are listed in CIPO’s . Though it is too early to assess the effect of these changes on mitigating the “”, the backlog of CIPO’s unexamined trademark applications appears to have as of December 13, 2021.

Push to Register Non-French Trademarks for Use in Quebec

Among the controversies associated with Quebec’s proposed Bill 96, , the bill stipulates new requirements for trademark owners operating in Quebec. Currently, under Quebec’s French-language laws, both registered and unregistered (i.e., common law) trademarks recognized under the may appear on public signs, posters, and commercial advertising in Quebec, in languages exclusively other than French. If enacted, Bill 96 would permit only registered non-French trademarks to appear on public signage, provided there is no corresponding registered French version of the mark. The Coalition Avenir Quebec government tabled Bill 96 on May 13, 2021, and Quebec’s National Assembly last examined it on December 10. Some iteration of the bill will likely become law by the end of this year. But even if it fails to pass, businesses relying on common law trademarks would be wise to try to register them, given the many that registration provides.��

Copyright Law

In 2021, the Federal Court and Federal Court of Appeal heard 57 copyright infringement proceedings, approximately of all IP-related litigations at these levels.

Developments in Fair Dealing

The Copyright Act’s section 29 fair dealing provision, which allows for certain uses of copyright-protected materials, remained a central issue. affirmed that fair dealing for the purpose of news reporting (section 29.2 of the Act) must provide attribution, mentioning both the source and the name of the author. An indirect reference to the author accessible through “minimum research” is insufficient. As such, the Federal Court of Appeal rejected Trend Hunter’s argument that hyperlinking to the source article where Stross was credited was sufficient to meet the second requirement. The Court also declined to find fair dealing under s. 29 more broadly, considering that Trend Hunter’s dealing was commercial in nature, reproduced Stross’ work in its entirety, and that alternatives were available.

Fair dealing was once again at issue in , where the Federal Court held that the Conservative Party’s use of the CBC’s news footage of Liberal Party Leader and Prime Minister Justin Trudeau during their 2019 election campaign did not infringe CBC’s copyright. The court undertook a large and liberal interpretation of fair dealing, finding that the Conservative Party’s use of CBC footage was for the purpose of criticism under s. 29.1.

�첥��Ƶ achieved a in the copyright tariff dispute with the Canadian Copyright Licensing Agency (“Access Copyright”) in In a unanimous decision, the Supreme Court ruled that the interim tariff approved by the Copyright Board is not mandatory. Users can choose whether to accept licences or pursue alternative methods to lawfully copy works. Notably, this marked Justice Rosalie Abella’s final decision before her retirement from the Supreme Court of Canada. Throughout her tenure, and her judgement here provided helpful obiter regarding fair dealing as integral to users’ rights.

Even Fake Facts are Not Copyrightable

involves the alleged copyright infringement of the famous true-crime story The Black Donnellys. The book had always been presented and accepted as “.” The Federal Court ruled that “an author who publishes what is said to be a nonfiction historical account cannot later claim the account is actually fictional to avoid the principle that there is no copyright in facts.” Given today’s popularity of the phrase “based on a true story”, this ruling is a that there is no copyright in facts, even if they are later found to be untrue.

Copyright in Evolving Content Transmission

In , the Federal Court found the defendant liable for copyright infringement in its provision of pre-loaded set-top boxes and internet protocol television (IPTV) services and awarded the plaintiff nearly $30 million in damages. These services made copyrighted works owned by the plaintiff available to the public without the plaintiff’s permission. This decision marks the first time The court dealt with a similar issue in ). As IPTV is growing increasingly popular across the globe, its poses a challenge in Canada.

Availability of Reverse Class Actions for Copyright Infringement Claims

The first of its kind in Canada, the Federal Court of Appeal in affirmed that reverse class actions may be pursued in connection with copyright infringement claims. Though the matter was sent back to the Federal Court for further consideration, this judgement may encourage and enable mass copyright enforcement in the future, especially in our digital age where copyright infringement is more commonplace.

Public Consultations Ahead of 2022’s Copyright Reform

As part of the (CUSMA), which came into force on July 1, 2020, Canada has until the end of 2022 to implement numerous changes to their domestic copyright laws; most notably, extending the general term of copyright protection from . In light of the upcoming legislative amendments, the Government of Canada hosted three public copyright consultations in 2021:

• ;
• ; and

With the consultations now closed, it will be interesting to see how Canadian copyright laws will change in 2022 to accord not only with international obligations but our ever evolving digital world and public attitudes surrounding copyright laws.

The post 2021 IP Year in Review appeared first on IPOsgoode.

Ashley Moniz is the Managing Editor of the IPilogue and the Assistant Director of IP Osgoode.

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On October 15, 2008, at the Four Seasons Hotel in Toronto, IP Osgoode was officially launched. Known as Osgoode Hall Law School’s Intellectual Property Law and Technology Program, Prof. Pina D’Agostino set out to create a program that would lead IP law discourse, foster a vibrant community whose members are welcome to share broad perspectives, and diversify the IP innovation ecosystem. Now, 13 years later, IP Osgoode and the IP Innovation Clinic are still forging new paths and relationships in the IP community.

Here are a few noteworthy accomplishments from the past year:

IP Osgoode

• Runners-Up at the Oxford IP Moot: in March 2021, for the first time. Under Prof. D’Agostino and Prof. David Vaver’s academic supervision and expert coaching from lawyers at Cassels Brock & Blackwell LLP and Deeth Williams Wall LLP, our team placed second after an incredible showing and very close competition, winning the Kirkland & Ellis Runner-Up Prize for Oral Proceedings in the process.
• Leading Legal Disruption Published: in May 2021, . The book, titled Leading Legal Disruption: Artificial Intelligence and a Toolkit for Lawyers and the Law, was co-edited by Dr. Aviv Gaon of IDC Herzliya and Carole Piovesan of INQ Law.
• Two Bracing for Impact Webinars: IP Osgoode collaborated with the Harry Radzyner Law School at the IDC Herzliya and Microsoft Canada to present two new webinars in our Bracing for Impact Event Series: “” in and “” in , the latter being also in collaboration with Alectra’s GRE&T Centre. The webinars featured speakers from around the world and drew in almost 250 spectators between them.
• First Virtual Trademark Hearing: thanks to the Honourable Justice Michael Manson of the Federal Court of Canada, over 70 Osgoode students and faculty members virtually attended the .
• IPilogue’s Return to Daily Publishing: under a new structure, the has returned to publishing daily blog articles written by our dedicated team of IPilogue Writers. Almost 270 articles have been published over the past year alone, more than 120 more than the previous year. We continue to receive and publish guest submissions from students, academics, lawyers, and members of our as well.

IP Innovation Clinic

• IP Innovation ChatBot Launched: The IP Innovation Clinic officially launched its through a . Developed with assistance and support from Norton Rose Fulbright Canada LLP, CIPO, and ISED Canada, the AI-backed ChatBot provides accurate and reliable IP law information for free on our website. Thanks to further funding from ISED through the National IP Strategy, we look forward to continuing to expand the breadth of the ChatBot’s impact and better reach and assist members of underrepresented communities in the IP Innovation ecosystem.
• Mitacs-funded Business Strategy Internships: in March 2021, . The IP Innovation Clinic placed 3 Clinic Fellows with businesses pivoting their operations in response to the COVID-19 pandemic. Prof. D’Agostino was also featured in the marking the official launch of the program.
• Clinic Clients Secured Millions in Funding: two IP Innovation Clinic clients leveraged IP information from our Clinic Fellows to massive expansions of their business. to develop their drone technology and for their sustainable clothing brand.
• First LPP Candidate: during the Winter 2021 Term, under the supervision of IP Osgoode alumnus Reshika Dhir of Bereskin & Parr LLP, the IP Innovation Clinic . We look forward to welcoming two new LPP candidates in Winter 2022.
• The IP Lunch Club Continues: for the second year in a row, and in collaboration with the City of Barrie Sandbox Centre, Prof. D’Agostino’s Directed Reading: IP Innovation Program students presented , educating local entrepreneurs and innovators about registering and commercializing IP rights. Many attendees from these webinars go on to engage the IP Innovation Clinic for IP and commercialization assistance.

As always, we are grateful to all of the students, faculty, partners, and our Advisory Board for making this past year as great a success as it was. None of the above accomplishments would have happened if not for their passion, dedication, and hard work. As we welcome new students and continue to seek out more involvement, we look forward to another wonderful year and welcome new students and partnerships who can help us grow to even greater heights.

The post Happy 13th Birthday IP Osgoode! appeared first on IPOsgoode.

Ashley Moniz is the Managing Editor of the IPilogue and the Assistant Director of IP Osgoode.

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On June 6, 2021, FX aired the series finale of their landmark drama Pose. Set in the late 1980s to 1990s, the show is about the struggles faced by fictional members of New York’s ballroom culture (or “ball culture”), a focal point for the Black and Latinx members of its LGBTQ+ community. Not only does Pose’s , many of the episodes are directed and written by and , both transgender women of colour and the first such artists to do so. Pose’s milestones highlight the power of authenticity in storytelling and remind us of the value in giving diverse communities the platform to tell their stories.

This concept ties back to an important area of intellectual property rights: cultural IP. Cultural IP is a relatively new concept that seeks to . Protection for cultural IP is almost universally discussed in the context of Indigenous knowledge and cultural expressions. As , foreign businesses and private actors may successfully register intellectual property rights in another culture’s designs and names. Although New York’s LGBTQ+ community may not have millennia of history behind it, mainstream appropriation of ball culture similarly affects Black and Latinx LGBTQ+ artists. As Pride Month comes to an end, the historic cultural appropriation of ball culture emphasizes the importance of understanding the context behind art forms you enjoy.

Disclaimer: I am not affiliated with a ballroom community, nor have I ever attended a drag ball. The context I offer below is based on my research and understanding as an outsider. I seek not to paint a complete picture of ballroom culture or how to interact with it, but to exemplify why isolating a culture’s “fun elements” detracts from its spirit and ignores its importance.

A Brief History of the Ballroom and Voguing

The “ballroom” is a cultural centre for Black and Latinx members of New York’s LGBTQ+ community, replicated now among similar communities in other major cities, including . Dating back , the ballroom has been a haven for inclusion and acceptance of those excluded from the rest of society on the basis of their race, sexual orientation, gender identity or expression, or an intersection of those traits. The modern ballroom emerged in the 1970s, . In the ballroom, community members could “walk the balls,” .

As a haven for inclusion and acceptance, members could live openly at balls in ways that would not have been accepted outside them. For example, while some members walk in extravagant or elegant outfits, others replicate “realness”. One such category is “”, where folks who struggled to find acceptance in business circles show their community how well they would fit in, at least by appearance.

. Named for dancers emulating models in Vogue magazine, this dance is known for its distinctive , , , and (also referred to as ). To its creators, voguing is more than trendy dance moves. For some male dancers, voguing transcends traditional masculine roles in dance and allows for further expression. For others in the drag community, voguing is a .

Overall, the ballroom and voguing are culturally important forms of expression created by a community who historically struggled to publicly express themselves without them.

Out of Context and Into the Spotlight

In the early 1990s, ballroom culture received mainstream attention through two iconic releases: Jennie Livingston’s documentary and Madonna’s song and music video . Paris is Burning offered a glimpse into the ballroom, its origins, prominent figures and drag houses, and the escape it offers from the struggles faced by queer/trans BIPOC attendees. Vogue, said to be , may be thought as an ode to voguing, high fashion, and classic Hollywood. Notably, both Livingston and Madonna are white women. Livingston is an out lesbian and Madonna is straight.

Since their release, both pieces received mixed critiques. While both brought the vibrancy of voguing and ballroom to mainstream attention, they have been criticized for presenting a narrow, outsider’s view of ballroom culture. Livingston has been for not using her piece to challenge subversive processes behind the imitations of “realness” in the ballroom. Despite featuring prominent voguers Jose Gutierez Xtravaganza and Luis Camacho Xtravaganza in her Vogue music video, Madonna has been for turning vogue into a trend that she promptly left behind in favour of reinventing her image for a new pop era.

The cultural impact of Vogue was a prominent theme in Pose’s second season. At the song’s height, some characters benefited from this cultural exposure: Angel used her voguing skills to launch her modeling career and Damon taught voguing lessons part-time. But when the fad ended, Angel’s career stalled because agents found out she was transgender and Damon’s voguing classes were cancelled due to a lack of customer interest. Despite the song’s success, the characters continued to struggle without support in dealing with and transphobic attacks—issues that plagued their community at that time and persist today.

What is the Context Today?

Pose’s characters experience the wider impact of cultural appropriation. Today, members of a dominant culture maintain the privilege of selecting the “fun” elements of a minority culture while ignoring its relevant context and struggles. Even as queer BIPOC storytelling in the media becomes more common, and even ballroom competitions have taken centre stage on HBO’s , in many places, ranging from organized sports to accessing gender-affirming (or other) healthcare.

Cultural IP is not a fad that disappears when mainstream culture is done with it. This is only one example, with a more common example being . Cultural IP dialogue, and specifically that which surpasses trademark or copyright law protection, focuses on . Its application to communities which have flourished more recently, like Black and LGBTQ+ communities in North America, remains unclear.

In the absence of overarching national or international laws, we as consumers and creators can work harder to respect the artists behind the work we enjoy or draw inspiration from. While supporting art and culture by diverse artists is important, supporting the artists and their communities is even more important. Consider why you are drawn to stories, sayings, outfits, music, or dance styles and what they might mean to someone searching for community in the face of isolation. Support those who create art because of what it means to them and not because they can cash in on a trend or new discovery.

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The post Strike a Thought Before You Strike a "Pose" appeared first on IPOsgoode.

Through our many other events, the IP Innovation Clinic and the IPilogue, IP Osgoode seeks to empower and give a voice to marginalized and underrepresented communities. Check out some of our recent IPilogue articles relevant to this cause:

Over the past week, we asked women in various roles and at all levels across IP law, business and technology to talk about their experiences getting to where they are, the prejudices they have encountered, and the ways in which they actively promote other women in their fields. With this piece, we hope to fuel the movement to enable all women an equal opportunity to succeed in their personal and professional endeavours.

Name a woman who inspires you professionally and describe how she has helped you to succeed:

“My mother was an early feminist and she encouraged my sister and I to be financially independent, working women. This has encouraged me to stick with my career as a lawyer, despite the challenges of trying to balance a family with a very taxing profession.”

 -Paula Clancy, Managing Attorney at Clancy PC

“Dr. Riffat Raana (mother) - her grit, dedication to work, independence, perseverance and initiative have been a source of constant inspiration for me.”

-Emma Abbas, Student-at-Law at IP Osgoode

“Andrea Rush, she is a senior partner at Blaney McMurtry, and passed the IP Year in Review Chair role to me which helped raise my profile.”

-May Cheng, Partner at Osler, Hoskin & Harcourt LLP

“Professor D'Agostino - she is always thinking differently and challenging the norm. With a smile!”

-Anonymous

“Amy-Lynne Williams; she has taken the time to mentor, teach, champion causes I care about, encourage me to follow my own path, and demonstrate how to balance work and life priorities.”

-Jennifer Davidson, IP and Technology Lawyer at Deeth Williams Wall LLP

“Professor Giuseppina (Pina) D'Agostino: Since I joined IP Osgoode in the first year of my studies, I have been given many amazing opportunities by Professor D'Agostino to explore the fields of IP, business, and technology law. The diverse set of opportunities that IP Osgoode, led by Professor D'Agostino, offers to students to put their theoretical understanding of IP law to practice has helped me get a well-rounded view of what practicing IP law looks like. Additionally, the example that she sets for students in leadership, and the encouragement and support that she provides has helped me a lot in my law school journey.”

-Bonnie Hassanzadeh, 2L Student at Osgoode Hall Law School

“ was a smiling dynamic life force and I was fortunate to have her as my mentor. She recruited me to Stikeman Elliott as a summer student and from our very first meeting she took me under her wing as her mentee and guided me in formative early career decisions. She encouraged me to always aim high and pursue my doctorate at the University of Oxford, even though that would mean me leaving the firm. She was proud of me and often told me so. One of the busiest women I knew with a thriving practice heading the firm’s Technology and Outsourcing group, yet she always cleared her calendar whenever I would visit her. She championed women and was one of the first to see technology law as an emerging area of practice back in 1980s. A genuine trailblazer in every respect, and most especially for young women, she died on the very day honouring women, International Women’s Day. Her legacy lives on in her kids, and in the many women she touched, including me.”

-Prof Pina D’Agostino, Founder & Director of IP Osgoode, Associate Professor at Osgoode Hall Law School, �첥��Ƶ

What is the biggest challenge that you have faced getting to where you are today? How did you overcome it?

“The biggest challenge I faced was taking maternity leaves for my children. I was eventually taken off the partnership track and destined to be a perpetual associate until I took matters into my hands and launched my own firm.”

-Paula Clancy, Managing Attorney at Clancy PC

“Moving countries twice, each time I had to start over. I can't 'overcome' time, but it has made me incredibly versatile, empathetic and able to pivot and reinvent myself in a new situation. I've learnt from my past and I look towards the future excited to discover more aspects of myself.”

-Emma Abbas, Student-at-Law at IP Osgoode

“Recognition and advancement were denied based on perceptions and stereotypes rather than performance. I had to move jobs to be recognized by a more progressive firm.”

-May Cheng, Partner at Osler, Hoskin & Harcourt LLP

“Being too conservative about taking on new challenges. Remembering that every time you try something new you learn and grow. If someone else can do it, so can you.”

-Anonymous

“Balance. It’s an ongoing challenge to balance an energetic, young family and a demanding, young career. I’m not sure this is something one can overcome, but one can learn to manage the competing priorities.”

-Jennifer Davidson, IP and Technology Lawyer at Deeth Williams Wall LLP

“Adjusting to the pace and demands of law school courses was very challenging for me in the beginning. As a student who comes from a science background, writing long papers and exams in law school did not feel natural to me. Learning takes patience and time and in the past year and a half I have learned to be more patient with myself. I think finding an area of the law that I genuinely enjoy learning about has helped me in my adjustment process. Additionally, focusing on my strengths and getting involved with extracurriculars has helped boost my confidence and belief in myself.”

-Bonnie Hassanzadeh, 2L Student at Osgoode Hall Law School

“I feel as though I have faced many challenges, and still continue to. Perhaps my biggest one is my immigrant background which did not provide me with the privileges that many of my law school peers enjoyed. Born in Canada, I moved to Italy at an early age, and only returned to not speak a word of English and had to work my way up from being at the bottom of the class. I was the first in my family to go to university. I excelled with many all nighters and determination and the most treasured love and support from my parents, who have taught me life’s most important lessons. My family is my rock.”

-Prof Pina D’Agostino, Founder & Director of IP Osgoode, Associate Professor at Osgoode Hall Law School, �첥��Ƶ

What negative attitudes have you personally witnessed that need to stop in order to promote the advancement of women in your profession?

“I've been told that I'm "soft-spoken" by quite a few men. I've been told this in multiple situations, from being in a negotiation setting to speaking with a parking attendant. I think it's fairly common for men to make this kind of unsolicited comment about young women, and it connotes a lack of power or confidence, especially in a professional setting. But what is important is that I don't see myself this way.

While I definitely try to communicate in a way that leaves room for others to contribute or even disagree, I know that when I speak about something with conviction, my point of view is clear.

Being comfortable with my "soft-spoken" self has allowed me to (for the most part) take these comments in stride. I see the benefit of the way I communicate through interactions with clients and through collaborative work with other students or lawyers. I may not be loud or overbearing when I speak, but I know that I am a wonderful teammate, and one day will make a great leader, BECAUSE of my ability to listen and to leave room for others in the way I communicate. I hope that I get less of these comments going forward, and that men who may have had the urge to tell me that I'm "soft-spoken" in the past start to appreciate the benefits of different ways of communicating.”

-Rachel Marcus, 3L Student at Osgoode Hall Law School, Senior Clinic Fellow at IP Osgoode IP Innovation Clinic

“I believe maternity leave poses the biggest challenge for women in law. While wonderful on a personal level and essential on a societal level, maternity leave and childcare has the effect of sidetracking women. Law is a time-based profession so time away from work inevitably interferes with aspirations for partnership, leadership positions, salary, etc., and negative attitudes regarding taking such time needs to stop. The reality is that women still take on the lion's share of child and home care responsibilities. By making paternity leave mandatory for men, I believe this would level the playing field.”

-Paula Clancy, Managing Attorney at Clancy PC

“Career women do not feel secure having children. There is not enough support for single mothers, for new mothers or career women who have worked hard for years to get to where they are. They are pitched back a decade in career progression for maternity leave. Not enough men speak out about women issues. Not enough men are willing to hold out a supporting hand to bring equality in the true sense. Women who work night shifts and have infants have no childcare support.”

-Emma Abbas, Student-at-Law at IP Osgoode

“Women tearing down other women, and not speaking up or standing up for other women, in order to be accepted by the boys club as the token women. These are the ones that Madeleine Albright said deserve a special place in hell.”

-May Cheng, Partner at Osler, Hoskin & Harcourt LLP

“That you can't balance family and work. That you have to work all the time.”

-Anonymous

“There is an ongoing underlying belief that women cannot compete in the same league as men in the tech arena. I see it regularly in negotiations with older practitioners. Our job is to continue to knock that down at every opportunity.”

-Jennifer Davidson, IP and Technology Lawyer at Deeth Williams Wall LLP

“I think the notion that there are limited seats at the table available to women and that women have to compete with one another for opportunities is a particularly negative attitude. Scarcity of opportunities available to women in the legal field is a systemic issue that needs to be addressed. However, pitting women against one another in an already competitive environment is something that needs to stop in order to promote the advancement of women in the legal field.”

-Bonnie Hassanzadeh, 2L Student at Osgoode Hall Law School

“There needs to be more understanding of women’s unique challenges. We are tireless and try and balance it all and always face the brunt of crises, more than our male counterparts do. Our current pandemic is a case in point.”

-Prof Pina D’Agostino, Founder & Director of IP Osgoode, Associate Professor at Osgoode Hall Law School, �첥��Ƶ

What is the next glass ceiling to shatter in achieving gender parity in intellectual property law, business, or technology?

“Mandatory paternity leave for fathers.”

-Paula Clancy, Managing Attorney at Clancy PC

“Initiatives at the government, corporate and individual level to level the playing field for women. To give the kind of financial or child support that career women need to succeed. This could be on-site child-care facilities, flexible work options, remote work, night/day-care coverage.”

-Emma Abbas, Student-at-Law at IP Osgoode

“There are more Andrews than women in the top IP litigator list. That says it all! Women are not recommended as IP litigators nearly as often. There is a horrible stereotype there.”

-May Cheng, Partner at Osler, Hoskin & Harcourt LLP

“To recognize the advantage of different kinds of leadership and diverse opinions.”

-Anonymous

“More women in equity partner roles within firms. It is sad to see that ratio numbers are so low.”

-Jennifer Davidson, IP and Technology Lawyer at Deeth Williams Wall LLP

“More representation of women of colour, especially Indigenous women needs to be seen in the fields of business, technology, and IP law. Despite the efforts to promote diversity and inclusion, the legal field continues to lack adequate representation of women of colour and Indigenous communities. The barriers that these communities face in entering the fields of business, technology, and IP law have to be addressed from the early stages of education in order for this glass ceiling to shatter.”

-Bonnie Hassanzadeh, 2L Student at Osgoode Hall Law School

“There are many ceilings to shatter still. Increasing representation of women as they advance up the echelons of power is a must. We now have more than half the incoming law school class comprised of women, yet more women still need to be seen as we rise up the profession, and be properly compensated for it. We still make less than our male counterparts and we should not stand for this, not even men. We need more female entrepreneurs to start up and scale up, more women in boards and in leading decision-making roles. Lots more to be done for gender parity.”

-Prof Pina D’Agostino, Founder & Director of IP Osgoode, Associate Professor at Osgoode Hall Law School, �첥��Ƶ

How do you work to empower women who wish to be where you are today?

“I run a women-based firm. I encourage women to continue to learn and seek professional designations (such as Certified Trademark Administrator, Certified Patent Administrator, Registered Trademark Agent). I also understand that women take on the lion's share of child care and home care responsibilities so I try to be as flexible as possible to encourage a balance.”

-Paula Clancy, Managing Attorney at Clancy PC

“Provide feedback, give recommendations, moral support, mentoring where possible.”

-Emma Abbas, Student-at-Law at IP Osgoode

“Mentoring, training, coaching and sponsoring. Setting an example and paving a way forward. Not giving up on the fight.”

-May Cheng, Partner at Osler, Hoskin & Harcourt LLP

“Always open to meet, be positive, challenge old measures of success.”

-Anonymous

“Mentoring! New lawyers need to see it to be it!”

-Jennifer Davidson, IP and Technology Lawyer at Deeth Williams Wall LLP

“I help support 1Ls through the Osgoode Women's Network Mentorship Program. I connect students in their first year of studies with helpful resources and lend moral support when they need it.”

-Bonnie Hassanzadeh, 2L Student at Osgoode Hall Law School

“I am blessed to work in education, in the university at the front lines of female empowerment. I aim to increase access, nurture, mentor young female talent to excel. I always think back to how hard it has been and continues to be for me and wish to spare other women from being similarly placed. My goal is to advise, empower my female students through their education and create opportunities for their advancement to find their own unique career happiness.

In particular at IP Osgoode, from the outset, I have spearheaded many initiatives to empower women: from the type of events we hold for the wider community of women, the students we train to the female start ups we help. Empowering women will no doubt continue to preoccupy me (and inspire me!) in the many years ahead.”

-Prof Pina D’Agostino, Founder & Director of IP Osgoode, Associate Professor at Osgoode Hall Law School, �첥��Ƶ

What advice would you give to women and allies alike who want to help further women's professional advancement?

“I would say be flexible - sometimes women can be hard on other women. We need to support each other and raise each other up. We need a "team" mentality.”

-Paula Clancy, Managing Attorney at Clancy PC

“Be willing to give of your resources- time, money, opportunity, moral support without judgment.”

-Emma Abbas, Student-at-Law at IP Osgoode

“Be a sponsor, mentor, advocate and coach to young women in the IP profession. We all need a helping hand.”

-May Cheng, Partner at Osler, Hoskin & Harcourt LLP

“Support other women.”

-Anonymous

“Take the time to mentor, support and champion new lawyers (particularly women) at every opportunity. Let them know when they have done a great job and if they make mistakes, show them how to improve! Take them out to lunch or have a Zoom coffee to discuss their career goals and lift them up where the opportunity exists.”

-Jennifer Davidson, IP and Technology Lawyer at Deeth Williams Wall LLP

“I think the first step to helping is listening. In order for allies and women in positions of power to be able to help, they need to listen to the needs and concerns of different communities and direct their resources accordingly. I also believe giving women of diverse backgrounds and perspectives opportunities to be in the "decision-making rooms" is vital to making genuine progress in advancement of all women in the legal field.”

-Bonnie Hassanzadeh, 2L Student at Osgoode Hall Law School

“Listen to one another, lift each other up and work together, not against each other.”

-Prof Pina D’Agostino, Founder & Director of IP Osgoode, Associate Professor at Osgoode Hall Law School, �첥��Ƶ

 Written by Ashley Moniz, Lawyer, and Assistant Director of IP Osgoode

The post Celebrating Every Woman on International Women’s Day appeared first on IPOsgoode.

While establishing her business, Sarah encounters a number of IP-related issues. Sarah is first driven to create her own hair oil after Addie Monroe, a fictionalized and villainized version of Sarah’s real life mentor (played by Carmen Ejogo), refuses to hire her as a sales representative because of how she looks. Once Sarah was satisfied with her product, she and her husband C.J. (played by Blair Underwood) move from St. Louis to Indianapolis to establish her business. While Sarah states that the move is to avoid competing with Addie for customers, it is clear that she is also establishing her product first in a different jurisdiction to avoid selling a similar recipe in the same place. The move would prove to be in vain when Addie follows her to Indianapolis.

At first, Addie plots to take down her competition by stealing Sarah’s recipe. She reveals that this is not for her own use, hinted at by her earlier efforts to rid of her own product’s sulfuric aroma, but so that she could publish it in the newspaper. By publishing Sarah’s recipe in the newspaper, Sarah’s creation would become publicly available, potentially impacting the patentability of her recipe. Addie did not succeed, but found out later that Sarah’s recipe is a modification of her original recipe. This prompts her to threaten legal action against a now-successful Sarah.

However, the scope of IP-related issues reaches farther than this. For most of the series, Sarah brands her product under the name “Madam C.J. Walker”. She continues to do this after she ends her marriage upon learning that C.J. was having an affair with a traitorous former employee. During a confrontation, Sarah presses C.J. about his new wife passing herself off in Indianapolis as the Madam C.J. Walker behind the now million-dollar brand.

Throughout the series, Sarah displays many qualities of an entrepreneur. She vigorously sells her product. She works day and night to keep her business afloat. She tirelessly pursues investors and opportunities to grow her business. Even when her colour and gender seem to limit her options, she refuses to accept defeat and does what it takes for her business to thrive. While the show does not shy away from Sarah’s personal and professional struggles, you never sit in her misery for too long. Sarah always picks herself up and gets the job done. No episode sacrifices an optimistic end in favour of building drama.

Though critics have noted some , Self-Made is creative and well-made. I highly recommend this series, whose four 45 minute episodes can easily be binged over a weekend. Self-Made was directed by DeMane Davis and Kasi Lemmons, two Black women. In fact, all but one of the show’s credited writers are Black women (the exception being Tyger Williams, a Black man, who co-wrote every episode), exemplifying Sarah’s message of empowering Black voices. Although access to resources for marginalized groups has improved over the last 100 years, we still have a long way to go. As discussed during our panel, , women and racialized minorities, particularly Black and Indigenous innovators, often struggle to access IP law resources and protection in comparison to their male and White counterparts. We, as a legal community, must strive to ensure that everyone can access the tools that they need to succeed.

Written by Ashley Moniz, Lawyer and Assistant Director of IP Osgoode.

The post Race, Gender & Entrepreneurship: IP Lessons in "Self-Made: Inspired by the Life of Madam C.J. Walker" appeared first on IPOsgoode.