i love wikipedia

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online encyclopaedia Wikipedia has tightened its submission rules following a complaint (BBC)

and the economist’s special report (on Canada!) this week aptly changed the s. 91 POGG to “Peace, Order and Rocky Government”. Which makes me think, damn, they’re getting good journalists to dig *that* one out — I’m not even sure most people here have heard of POGG… (what do you mean you don’t read the Constitution?)

oh canada

a pretty succinct primer on Canada — and it reminds me of my not-so-distant past in the oill sands of Alberta…

all because some dude was protesting logging

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In the constitutional arrangements passed on to us by the British and recognized by the preamble to the Constitution Act, 1867, the provincial superior courts are the foundation of the rule of law itself. Governance by rule of law requires a judicial system that can ensure its orders are enforced and its process respected. In Canada, the provincial superior court is the only court of general jurisdiction and as such is the centre of the judicial system. None of our statutory courts has the same core jurisdiction as the superior court and therefore none is as crucial to the rule of law. To remove the power to punish contempt ex facie by youths would maim the institution which is at the heart of our judicial system. Destroying part of the core jurisdiction would be tantamount to abolishing the superior courts of general jurisdiction, which is impermissible without constitutional amendment.

MacMillan Bloedel Ltd. v. Simpson, [1995] 4 S.C.R. 725 at para. 37.

sorry

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not much to say.

my shoulders hurt from studying.

but I definitely cannot complain after reading this incredible article by this woman graduating from our faculty, who has 3 kids, and… damn, I can’t find it online. maybe because she used the work fuck a lot? who knows. well, for your reading pleasure: have a look at our faculty’s weekly newsletter type-ish thing (and this issue shows how particularly messed up we are) ;)

the quid

I think I’ve lost my skills of coherency for a little while… ratione materiae, or ratione personae?

oh wait, I meant “X to A for life, and then to A’s heirs, but if A marries B, then to C and her heirs.”

trivia/joke from a friend today:

what’s the bombe nucléaire de droit judiciaire privé? anton pillar injunctions.

help me!

IP, living organisms, and patents

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I just printed one of the most god-awful papers I’ve written. A tragedy because I liked the topic. But the page limit was too short, and my sources too numerous. Sigh.

bad sign #1: I used the word “morality” 8 times in one paragraph

bad sign #2: I used google far more than any of the legal databases. (although that probably says more about the databases than my lazyness)

bad sign #3: I’m still up at 5 am for a paper I don’t care about

***********************

Convention on the Grant of European Patents, 5 October 1973

Directive 98/44 of the European Parliament and of the Council of 6 July 1998 on the Legal Protection of Biotechnological Inventions

EC Commission, Life Sciences and Biotechnology ¨C A Strategy for Europe (2002)

35 U.S.C. ¡ì 101 (2000).

Diamond v. Chakrabarty, 447 U.S. 303 (1980).

SECONDARY MATERIAL: ARTICLES

Barton, John H. & Peter Berger. Patenting Agriculture (2001)

Clark, Jeanne. Patent Pools: A Solution to the Problem of Access in Biotechnology Patents? (2000) U.S. Patent and Trademark Office

Crespi, Stephen. “Biotechnology Patenting: The Wicked Animal Must Defend Itself” (1995)

Gallini, Nancy & Suzanne Scotchmer. “Intellectual Property: When Is It the Best Incentive System?” (2002)

Gold, E.R. et al., “Equity and Genomics Knowledge: A ‘Global Public Good’ Perspective of the Patent System” (2004)

Gold, E.R. et al., “Needed: models of biotechnology intellectual property” (2002)

Matthews, D. “WTO Decision on Implementation of Paragraph 6 of the Doha Declaration on the Trips Agreement and Public Health: A Solution to the Access to Essential Medicines Problem?” (2004)

Merges, Robert P. Institutions for Intellectual Property Transactions: The Case of Patent Pools (1999)

Robinson, Douglas & Nina Medlock. Diamond v. Chakrabarty: A Retrospective on 25 Years of Biotech Patents (2005)

Safrin, Sabrina. “Hyperownership in a Time of Biotechnological Promise: The International Conflict to Control the Building Blocks of Life”

Schertenleib, Denis. “The Patentability and Protection of Living Organisms in the European Union” (2004)

Thomas, David & Georgina A. Richards. “The Importance of the Morality Exception Under the European Patent Convention: The Oncomouse Case Continues” (2004)

Wells, Angus J. “Patenting New Life Forms: An Ecological Perspective” (1994)

SECONDARY MATERIAL: BOOKS

Manual of Patent Examining Procedure, U.S. Patent and Trademark Office

SECONDARY MATERIAL: NEWS & MAGAZINES

“A market for ideas” The Economist (22 October 2005)

“Biotechnology: Is the Tide Turning in Europe’s Favour?” (May 1998)

“Legislating a Transgenics Revolution” (19 June 1998)

The race to buy life The Guardian (15 November 2000)

324 Biotechnology Medicines Now Being Tested Offer New Treatment Hope for Nearly 150 Diseases (25 October 2004)

Slow progress for EU biotech The Scientist (30 April 2004)

OTHER MATERIAL

EuropaBio, Biotechnology in Europe: 2005 Comparative Study

National Science Foundation, National Patterns of R&D Resources: 2003

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