By Mohsen Hasheminasab

In an era of increasing cross-border trade and digital innovation, the lack of standardised contractual frameworks for international intellectual property (IP) transactions creates legal uncertainty and commercial risk. In a recent research project, I explored the feasibility of developing IncoIPterms – a set of globally accepted contractual terms for IP agreements modelled after the (or International Commercial Terms) widely used in the international trade of goods. By analyzing the key legal challenges, including the territorial nature of IP and its intangible subject matter, and offering practical solutions, I hoped to plant the seed for the future development of IncoIPterms that could similarly enhance legal predictability, reduce disputes, and so promote more efficient international commerce in intangible assets.

Why Look to Incoterms?

The Incoterms, developed by the International Chamber of Commerce (ICC), are a globally recognized set of rules for the international sale of goods. These terms have become an essential part of international trade law. They clearly define the obligations, risks, and costs borne by buyers and sellers, helping to minimize disputes and standardize practices across jurisdictions.

This success prompts the question: Can we replicate this model for intellectual property? Enter the concept of IncoIPterms: uniform international commercial terms specifically designed for IP transactions.

The TRIPS Gap and the Need for IncoIPterms

While the TRIPS Agreement (Trade-Related Aspects of Intellectual Property Rights) aimed to harmonize IP law globally, its requirement for minimum standards has often led to the maximization of IP rights instead. The result? A growing imbalance between IP protection and the need for legal consistency in cross-border commerce.

IncoIPterms could fill this gap by offering flexible, standardized contract language for IP transactions,  in the same manner as Incoterms operate in the trade of goods.

Key Challenges

Of course, developing international IP terms is not a straightforward proposition. Some of the main obstacles include:

• The territorial principle in IP: Unlike Incoterms, which govern private commercial agreements, IP rights are enforced through national legal systems. The territorial nature of IP rights complicates any attempt at standardization.
• The intangibility of IP: Incoterms apply to physical goods, whereas IP involves intangible assets—requiring entirely different legal considerations.
• The diversity of IP subjects: The subject matter of IP deals varies widely. This diversity makes universal standardization a real challenge.
• A lack of global consensus: The establishment of standardized IP contractual terms is essential, but such terms must be widely accepted by all relevant jurisdictions to have practical utility. Without international consensus, such terms would lack the legal legitimacy required to resolve disputes or provide certainty in commercial transactions.

Viable Solutions

While there are hurdles to be met in the development of IncoIPterms, none is insurmountable and solutions do exist:

• Clarify the scope: IncoIPterms wouldn’t regulate the granting of IP rights (which is the domain of states) but rather the commercial use of those rights after they’re granted. Like Incoterms, they could function without interfering with state sovereignty. In fact, one of the main reasons for the creation of Incoterms was the territorial principle and variations in national law, so this challenge is not new.
• Embrace IP’s intangibility: Though intangible, IP assets still benefit from contractual clarity. Indeed, given the complexities and flexibilities inherent in establishing the subject and scope of IP rights, standardized terms are all the more necessary to reduce confusion and foster greater legal certainty in IP transactions.
• Focus on core agreement types: While the subject matter of IP contracts may differ, they generally fall into a few main categories: assignment, permission for use or sale, sale of IP-based goods, joint ventures, and confidentiality agreements. By establishing standardized terms for these core categories, a framework can be built that accommodates diversity while remaining aligned with the territorial nature of IP, except in the case of assignment. As with Incoterms, exclusions and updates can be applied regularly.
• Leverage existing practices: Customary international IP practices already exist. By building on these foundations, IncoIPterms could gain traction and acceptance across legal systems.

A Path Forward

Despite the complex nature of IP law, the potential benefits of creating standardized international contractual terms are clear. The criteria, standards, and categories under IncoIPterms must differ from those of Incoterms, of course, to suit the unique nature of IP. But just as Incoterms have helped streamline trade in tangible goods, so too could IncoIPterms promote smoother, more predictable global commerce in intangible assets.

The vision is not to override national IP systems, it should be stressed, but to offer a contractual toolkit that can be used across jurisdictions, thereby reducing ambiguity, enhancing efficiency, and ultimately supporting innovation and fair trade. Recognizing the distinction between the creation and commercial exploitation of IP rights, along with existing international practices, reveals that such international IP terms are both feasible and beneficial.

Developing IncoIPterms will require thoughtful legal design, international cooperation, and a strong understanding of both trade and IP law. But the reward—a predictable, transparent, and more dispute-resistant framework for global IP transactions—makes this a concept well worth pursuing.

Mohsen Hasheminasab is an International Visiting Research Trainee with IP Osgoode at 91��ɫ, an LLM student of International Commercial and Economic Law at the Department of Law, University of Tehran, and an Attorney at Law with the Iranian Central Bar Association. He is currently based in Toronto.

Have thoughts or feedback? Join the conversation by leaving a comment below or contacting the author at: hasheminasabmohsen@yahoo.com

The post Can We Develop ‘IncoIPterms’ for Intellectual Property?  appeared first on IPOsgoode.

Artificial intelligence systems often “give the vibe” of complete automated processing without human involvement. However, as reminds us, upon a closer “vibe check” there are layers of unseen and under-appreciated human inputs, efforts, and labour involved. The efforts of those unseen human hands are, in fact, the engine of AI innovation.

Dr. Dagne is the Ontario Research Chair in Governing Artificial Intelligence and an Associate Professor at 91��ɫ’s new Markham campus in the School of Public Policy & Administration. He also teaches Property Law at Osgoode Hall Law School, where he is an Affiliated Researcher with IP Osgoode. His current project, which he recently presented at the at the University of Cape Town, highlights how copyright enables the proactive exploitation of digital workers’ contributions as inputs to AI training or, in some cases, AI-assisted outputs.

By bringing to the fore the roles of digital workers, Dagne hopes to unearth the collaborative creation that goes into the AI production chain and feeds into the AI output. His paper, “Unseen Hands, Invisible Rights: Unmasking Digital Workers in the Shadows of AI Innovation and Implications for the Future of Copyright Law”, is soon to be published in a forthcoming volume on IP’s Futures: Exploring the Global Landscape of Intellectual Property Law and Policy (Ottawa UP, 2025), which Dagne is co-editing with and . His chapter probes the future of copyright law, attempting to turn the focus of copyright to collaborative authorship. This move, Dagne argues, could respond to demands for the fair allocation of rights between digital workers, as authors or joint authors in some cases, and AI designers as exploiters of digital works. 

Digital Workers are the Lifeblood of AI Development

As , “[AI] doesn’t run on magic pixie dust… [AI training] is a job that actually takes quite a bit of creativity, insight, and judgment.” Such ingenuity involves the preparation of data works for the datasets used to train and build AI technologies, which consists of a number of decisions as to the kind of data to collect, curate, clean, label, abstract, index, etc. The process of dataset development starts with formulating the problem, which is the conceptualization of the machine learning task by making the problems “into questions that data science can answer”. The task conceptualization is typically the responsibility of the AI designer, which may be an AI company like Open AI or Anthropic AI, for example, or platform company like Microsoft, Meta, or Amazon. After the conceptualization process comes the data collection, refining, and measuring stage. Dagne’s focus is on the “digital workers” who enter the picture at this stage in the AI production process.

According to these digital workers contribute to the training process of AI systems in three steps: generating and annotating data (AI preparation), verifying model output (AI verification), and directly mimicking model behaviour to produce a service (AI impersonation).  They range “from higher-skilled, ‘macro-task’ […] workers [who] offer their services as graphic designers, computer programmers, statisticians, translators, and other professional services, to [those engaged in] ‘micro-task’ [work] which typically involve clerical tasks that can be completed quickly and require less specialized skills.” () As described by , “complex projects are broken down into smaller, easily accomplished tasks, which can then be distributed to a large number of workers.” Micro-task activities mainly involve the AI preparation aspect of AI training processes but can also include the AI verification and AI impersonation steps in AI training.

The Copyright Question

Much of the debate around copyright and AI has focused on whether using the underlying work of which inputs are constituted (the images, texts, musical works and other subject matter) for unauthorized learning constitutes copyright infringement. However, Dagne’s focus is on the copyright that can subsist over collected data, as we see in some and cases, and whether digital workers’ activities in the preparation of training data sets in the AI pipeline could itself give rise to a copyright interest. This question can be answered by examining the nature of digital workers’ contributions to the tasks assigned to them and the ownership of copyright under the contractual agreements that digital workers sign with platforms.

Digital workers in the AI production value chain collect raw data and help add extra meaning by associating each piece of data with relevant attributive tags. Although have argued that this attributive task is a mundane exercise that could ultimately be automated, others like have contended that tasks such as attribution will always be assigned to humans because of their capacity to recognize and classify data. Indeed, human intervention is now in demand to recognize the nuances and sophisticated details of specific data. As noted by , an example of such demand is in the medical field, where an understanding of scientific vocabulary is required.

From a doctrinal perspective, the copyright question is whether the contribution of digital workers described above meets the threshold of originality—which is defined, in Canadian law, by the Supreme Court of Canada’s ruling in , and requires more than trivial skill and judgment in the selection or arrangement of data. If so, we might ask whether recognizing the copyright status of such contributions could address these workers' invisibility. Even if, on account of originality, the tasks executed by digital workers amount to authorship, of course such authorship does not automatically translate into ownership. The ownership of the creative tasks conducted by digital workers as part of the collaborative venture is determined either by the workers’ status as employees or otherwise by contract—which means that it is determined in the context of significant power asymmetries and the routine exploitation of digital workers.

If copyright entrenches the inequities of an asymmetrical situation—by ensuring that the collective effort of digital workers in compiling essential datasets for AI training and AI development remains unseen and undervalued—Dagne thinks the time has come to confront its complicity. He suggests that, spurred by the arrival of AI, the copyright system needs to restructure the relationship between authors-as-(data)workers and corporate proprietors in pursuit of greater fairness.

‘Damola Adediji is a Visiting Researcher with IP Osgoode and Doctoral Candidate with the Centre for Law, Technology & Society at the University of Ottawa.

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Maria Prymachenko, (1982)

Claire Wortsman is an IPilogue Senior Editor and a 2L JD Candidate at Osgoode Hall Law School.

On February 25, invading Russian forces the Ivankiv Historical and Local Museum, and the many culturally and historically significant pieces it housed, to the ground. The Museum’s collection included 25 paintings by Maria Prymachenko, the celebrated Ukrainian artist world-famous for her colourful folk art style. Prymachenko’s great-granddaughter that a local man ran into the burning building and was able to save some of the precious works. Yet many more pieces were lost, and millions of artworks and monuments at risk from Russia’s military onslaught. These those dating back to the Byzantine and Baroque periods, as well as UNESCO World Heritage sites.

Ukrainian Minister of Culture Olexandr Tkachenko has that Russia lose its UNESCO membership. The destruction of Ukrainian cultural heritage at the hands of Russia is not a novel occurrence -  the 2014 annexation of Crimea and the conflicts in Donetsk and Luhansk to the loss of dozens of archaeological, historical, and artistic collections. James Cuno, President of the J. Paul Getty Trust, released a condemning the cultural atrocities taking place in Ukraine alongside the unfathomable human and environmental losses. Cuno identifies that cultural heritage has the power to unite us, and is critical for achieving peace, making it a common target in war; a means of destroying a society by erasing its memory. Officials preserving and protecting cultural legacies in times of conflict has the power to bind local people and foster peace, once the shooting stops.

The importance of safeguarding cultural property extends beyond the borders of Ukraine. The preamble of the recognizes that “… any damage to cultural property, irrespective of the people it belongs to, is a damage to the cultural property of all humanity, because every people contributes to the world’s culture.” Putin’s continued violation of international law is a blow to the international legal order – one that Yale Law School’s Oona Hathaway and Scott Shapiro must be met with an aggressive and resolute response.

Uncertainty and crisis in Ukraine have left many fleeing their homes, while museum employees remain behind to look out for their collections in whatever way they can – whether by standing guard, hiding art in basements, or (for those farther away from the war zones) transforming into a place of temporary respite for those who have fled. Fedir Androshchuk, the director of the National Museum of the History of Ukraine, is standing alongside two colleagues in an to safeguard the museum from attack or looting. He that “the museum is located in the middle of a rich cultural heritage area near three fine churches, but also close to some possible targets (the Ukrainian security service and border forces).” This proximity to potential military targets is significant from an international law perspective, [1], as the carves a “military necessity” exception out of its protections for cultural property. As by Captain Joshua E. Kastenberg, “Where a defender state harbors items of military value… in or near cultural property, the property loses its legal protections.”[2]

Androshchuk also , “there is no guarantee that the Ukrainian cultural heritage will not be plundered and transferred to Russian museums, especially given that Kyiv has a special place in Putin’s interpretation of Russian history and its roots.” The destruction of Ukraine’s cultural heritage serves the narrative of Vladimir Putin, who that Ukraine is a nation and that Ukrainians are a people. Perpetrators of the intentional destruction of cultural heritage seek to destroy the communities for which the heritage is perceived as an essential element of their own life, cultural identity, and distinctiveness.[3] Yet Putin’s assault has backfired – Ukraine itself, the West against Russia, and images of Prymachenko’s uniquely Ukrainian style around the world.

[1] Captain Joshua E. Kastenberg, “The Legal Regime for Protecting Cultural Property During Armed Conflict,” Air Force Law Review 42 A.F.L Rev. (1997)

[2] Ibid

[3] Federico Lenzerini, “Intentional Destruction of Cultural Heritage,” The Oxford Handbook of International Cultural Heritage Law (2020)

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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, 91��ɫ

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, 91��ɫ

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, 91��ɫ

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, 91��ɫ

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, 91��ɫ

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, 91��ɫ

 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.

I. Preparing Canada for 5G Coverage

5G data coverage, which is the next generation of wireless data services, promises to make it possible for cities to become , as buildings, utilities, and people will be able to constantly share data. This connectivity can make cities more efficient by allowing businesses and government to mine this data, discover inefficiencies and redundancies, and correct them. Canada promises to be a major part of this initiative, with Google’s intention to build a , which will feature a fully interconnected neighbourhood.

The jurisdictions that can achieve 5G coverage will have a competitive edge in attracting new technologies and business opportunities that can take advantage of this new interconnectivity. , the CTO of Telus, noted that Canada needs a fully allocated 5G spectrum to take advantage of these opportunities. Mr. Gideon lamented that the Canadian Radio-television and Telecommunications Commission (CRTC) has not yet fully auctioned the 3.5 – 4GHz spectrum, where 5G will be broadcasted, and this puts Canada at risk of falling behind other jurisdictions. Not only have Western counties like the US, UK, EU and New Zealand allocated or planned out this spectrum, but so have Saudi Arabia, India, China, Japan and South Korea have as well. In his keynote, Mr. Gideon called on the Federal Government to create a clear strategy and timeline on how the 5G spectrum will be allocated and when; only once this is done can businesses seize on the new opportunities that 5G offers.

II. Big Data Firms – The Home Invaders

, EVP of , a major US business-to-business telecom service in the Internet of things (“IoT”) space, spoke of the need for telecoms to partner with large technology companies like Apple and Amazon so that Internet service providers are not left behind by the coming technology changes.

As major technology firms develop new IoT applications, like Amazon with Alexa and Google with Home, these companies are creating new interactions inside their customers’ homes, which are new opportunities to connect with their customers and build goodwill. Since these IoT devices rely on Internet connections to work, telecoms are a crucial part of this experience. However, Amazon and Google will reap the rewards of positive customer interactions and when they don’t work, the telecoms are blamed.

This leads to a situation where technology firms will benefit from the goodwill and telecoms will continue to be viewed as a necessary evil to facilitate online-based services. Telecoms suffer from as no customer loyalty is developed when IoT devices work, but when the devices don’t work the telecoms take the blame. One solution is for telecoms to partner with these firms, allowing them to piggyback off the brand building they are engaged in. If Rogers can offer a “Rogers + Google” service, there is more likely to be a positive customer association with the Rogers brand every time Google Home helps a consumer. This strategy is increasing with Fido packaging a with their phone plans and a in 2014.

III. Privacy and the Digital Footprint

While Mr. Weening’s presentation opened up many interesting possibilities for the future of telecom service, as a law student I couldn’t help but be concerned by the . The panel on privacy and information security focused on the implications for these new services and the need to evolve consumers’ digital footprint beyond a mere email and password combination.

, a Senior Fellow at Ryerson University’s Ted Rogers Leadership Centre and the former Privacy Commissioner of Ontario, noted that over the past two years, the percentage of consumer concerned about the privacy of their information has . Ms. Cavoukian pointed out that is more important and profitable for telecoms to build trust with their customers regarding the integrity and privacy of their personal information than to collect as much data as possible. She noted that when customers are informed that their data is private and only used for a specific purpose, they are more likely to consent to future requests for uses of their data in different ways.

Other panelists noted that since Canada adopted the Internet earlier than most countries, its and out of touch with the internet. Jurisdictions that were slower to adopt the Internet, like the EU, have observed the effects the Internet has on society and have had an easier time legislating accordingly.

A related panel, “Cultivating an Innovation Economy” discussed how telecoms need to help facilitate a revolution in digital identity. One of the biggest cybersecurity problems is that people protect their valuable data with an easily hacked email and password combination. However, smartphones are complex computers capable of acting as a digital fingerprint for online services. Telecoms that can create a secure digital identity for their customers could have a strong competitive edge as privacy and information security becomes a greater concern for consumers.

IV. Minister Bains on Connecting the Arctic and Rural Canada

The 2018 Canadian Telecom Summit ended with a keynote speech from the Honourable , Minister of , the department in charge of the Telecommunications Act.

Minister Bains spoke of the government’s partnership with Bell to bring , connecting Inuit communities to the rest of Canada. The construction of over 15 cell towers across the Northwest Territories and Nunavut could also help stimulate commercial investment in Canada’s North beyond the traditional natural resource extraction industries.

Minister Bains also introduced the new , where the government is planning to extend data coverage to many remote rural communities in Canada that currently have no data coverage. This initiative will also provide up to 50,000 low income families with a personal computer and access to a low-cost public internet plan for $10 per month. The goal of this initiative is to help alleviate isolation and poverty in rural communities by connecting them with urban Canada and creating new opportunities in their community.

V. Conclusion

This year’s Canadian Telecom Summit showed that the commercial opportunities created by telecommunication continue to broaden and that Canada is far from a global leader in this area. At the same time, there is a clear sense that the current government wants to make Canada’s technology economy more competitive and ensure that issues of privacy and accessibility are addressed. There is great promise in the commercial opportunities in this space, but measures like a clear spectrum allocation strategy and more competition in the telecom space is needed to spur more growth in this area.

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Q1 Do you believe that it is important to have more women involved in the IP system?

Most definitely! As businesswomen we are equal contributors to economic growth, and it is critical that we understand the importance of protecting our ideas, brands, and status in the world of business.

Q2 Have you noticed a gender gap in your industry? Is the situation changing?

In terms of IP systems there is definitely a gender-gap. It is clear that the technology and innovation sector is highly male dominated. However, I believe as we are seeing more women stepping into entrepreneurial roles there will be a change. According to an from Forbes, report shows that even though women are less likely to start tech companies, they are just as innovative when creating products and services that are as technologically advanced as their male counter parts.

Q3 Do you think it is more difficult for female innovators and entrepreneurs to secure funding (and, therefore, be able to afford IP costs)?

Yes, it can be quite difficult. From my own experience as a female entrepreneur in the service sector, I have had my share of challenges. I had to first overcome my fear of starting a business and secondly, I was uncertain about how I would protect my company, my brand, and my hard work. Thirdly, it can be very difficult to communicate the value of what you are offering when the majority of funding opportunities are allocated to innovation in the technology sector, which is male dominated versus the service sector. I encourage other female entrepreneurs to find creative ways to protect their ideas/brands until they can afford to do so in the proper way.

Q4 Are there unique challenges that female inventors and entrepreneurs face?

Yes, in my personal experience as a female entrepreneur, one of my biggest challenges was the fear of failure. I have always felt like friends, family, and colleagues have expected so much of me. I was held in high regard and this added pressure to ensure success. My fear of failure escalated to the point where I didn’t want to start my business because of worry that I could not meet the necessary expectations of others.  In addition to my fear of failure, I have found that there is a lack of quality resources within the community to educate, support and encourage female entrepreneurs in their business endeavours. I also had challenges finding a suitable mentor because again there was the fear of not being respected in the field, the worry of being exploited by a more experienced individual and the concern that a male mentor could possibly sexually harass me.

As a female entrepreneur, we are sometimes asked to choose between our careers and family and if we decide to not have a family and focus on our career we suffer judgement by others. In addition to dealing with society expectations and judgements, we sometimes struggle to get a “seat at the table” or have opportunities readily accessible to us due to gender and societal bias. Some individuals may assume that we are not equipped to the do our job based simply on gender, and this can subsequently lead to methods that undermine our efforts and increase challenges. I encourage my fellow female entrepreneurs to have faith, trust the process, and to step out boldly into the light. Never give up on your dreams.

Q5 How can the innovation and IP ecosystems become more inclusive for under-represented groups, such as female entrepreneurs?

Wow! This is a very good question. I believe the first step would be to talk openly with those that are affected and to get the policy makers, government and the wider society involved in the conversation. Secondly it is important to ensure we understand the challenges that underrepresented groups such as female entrepreneurs face. With the proper data gathered we could then create measurable actions that are intentional about reaching out and creating change. I believe in order for change to be sustainable there needs to be a system of accountability, as such, there would need to be continuity in the measures put in place to ensure that inclusivity is being maintained.

Q6 What types of assistance will benefit female entrepreneurs?

As female entrepreneurs, I believe these are would be very beneficial.

1) More access to funding, grants, resources and support for female ventures.
2) Workshops/Seminars geared towards navigating entrepreneurship as a female.
3) More nationwide policies to protect the interests of women who want to go into business.

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The Business Services Branch (BSB) is responsible for developing CIPO's overall service strategy to deliver quality services that are timely, client-centric and help promote a culture of service management excellence throughout the organization. In addition, the branch is responsible for designing and delivering a suite of IP products, training tools and services to raise awareness among small and medium-sized businesses, entrepreneurs and innovators to bolster innovation, competitiveness and long-term growth.

Previously Darlene was the chairperson of the Trademarks Opposition Board and from 2003 to 2008 was a legal counsel with the Department of Justice where she practiced trademark law and her primary responsibility was acting as trademark legal counsel to the Registrar of Trademarks and the Trademarks Opposition Board. From 1998 to 2003, she was a trademark associate lawyer in the Intellectual Property Group of Osler, Hoskin and Harcourt LLP.

Ms. Carreau received her LL.B from the University of Ottawa in 1996 and her B. Soc. Sc. from the University of Ottawa in 1993. She was called to the bar of the Province of Ontario in 1998. She is a member of the Law Society of Upper Canada and a registered trademark agent in Canada.

Darlene Carreau

Q1 Why is it important that more women get involved in the IP system?

Women are still traditionally underrepresented in areas that rely heavily on IP. Most notably, the science, technology, engineering and mathematics (STEM) fields are heavy users of the patent system but have a striking disparity, where women make up only one third of graduates in this field. Getting women involved in the IP system will therefore encourage different voices, perspectives, and visions to contribute to large sectors of the Canadian economy that have traditionally lacked this type of diversity

In November 2017, the Canadian Intellectual Property Office published a report titled, “Women’s Participation in Patenting: An Analysis of PCT Applications Originating in Canada” which studies Patent Cooperation Treaty (PCT) applications filed under the PCT by Canadian applicants, and finds that Canada has seen little change in the share of inventors who are women in the last 15 years, while the world share continues to grow.

Data from Statistics Canada shows that the share of Canadian women engaged in patenting activity has been persistently lower than the share of jobs held by women in the fields of science, technology, engineering and mathematics (STEM). In other words, women's low participation in PCT applications is not simply a pipeline problem associated with relatively low numbers of women in those fields.

Q2 Are there unique challenges that female inventors and entrepreneurs face?

The desire to encourage participation by women in the fields of science, technology, engineering and mathematics (STEM) is frequently discussed through the lens of STEM education. CIPO’s “Women’s Participation in Patenting” report contributes to our understanding of the progress made by Canadian women in STEM fields. Increasing the share of women graduating with STEM degrees is very helpful but does not necessarily reduce the barriers faced by women already working in those fields. Our analysis has shown that Canada's share of participation by women in PCT applications cannot be explained simply by pointing to the low share of women in STEM jobs.

Q3 How can the innovation and IP ecosystems become more inclusive for under-represented groups, such as female entrepreneurs?

If women entrepreneurs are to become greater participants in the innovation economy, it is crucial that they have fair access to the entire suite of business innovation programming and that meets their particular needs.

Q4 What types of assistance will benefit female entrepreneurs?

We know that business growth, scale-up, innovation and global competitiveness is often inhibited by underdeveloped or non-existent IP commercialization strategies amongst businesses, generally.

Failure of SMEs to develop robust IP strategies is due to weak IP literacy amongst Canadian innovators, and their inability to access affordable and timely IP services.

CIPO has worked in collaboration and partnership to enhance its IP Awareness and Education program to increase IP literacy in Canada and ensure easier access to IP services which is crucial in assisting with the growth of Canada’s innovation ecosystem.

We have executed a comprehensive approach to engage partners to collectively address the gap within Canada’s entrepreneurial support system for neutral, credible and trusted sources of IP information and guidance for innovators and Canadian companies and for women entrepreneurs specifically.

The program offers a wide range of products and services that enables Canadian businesses in all stages of the business life cycle and in key sectors and industries across Canada to be aware of and understand IP and to make effective use of it in achieving business growth and success.

We are committed to providing better access to IP information and services. It is this type of access that will ultimately benefit female entrepreneurs and help increase their IP literacy which will enable them to make strategic decisions with regards to managing their IP.

Visit .

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Before her Osgoode appointment, she was recruited by the federal government’s Recruitment of Policy Leaders (RPL) program for the Department of Canadian Heritage and worked at the Copyright Policy Branch. She is the Editor-in-Chief of the Intellectual Property Journal (IPJ) and previously was an associate at a large firm in Toronto. Her research interests in the intellectual property, technology and innovation law and policy fields are wide-ranging and she is highly sought after as a public speaker and consultant.  She is a cited authority at the Supreme Court of Canada and in various media, and is regularly called on by foreign and Canadian federal and provincial governments for advice.

Prof. Giuseppina D'Agostino

Q1 Why is it important that more women get involved in the IP system?

It is more important for women to be involved and represented in business generally, the IP system being a slice of it. More women entrepreneurs lead to more diversity from the products we will create and commercialize, to the boardrooms we will be in, governing our leading companies. Ultimately, we will have more female role models our girls and boys looking up to, sorely need.

Q2 Why is there a persistent gender gap in the innovation ecosystem? Are current efforts enough to change this situation?

The gap persists in various ecosystems, not limited to the innovation space. Generally women are the traditional caregivers and this takes up a lot of time, time away from innovation. We need to be doing much more to support women in the innovation space, starting with ensuring more women are encouraged to enter into STEM fields and stay in them. Within legal education, we embraced and conquered this challenge long ago. Now at Osgoode we actually have more women than men enrolled in the JD program who ultimately are very active in our Innovation Clinic helping start-ups, taking our IP classes and volunteering their time at our many IP Osgoode activities, including this blog.

Q3 Do you think it is more difficult for female innovators and entrepreneurs to secure funding (and, therefore, be able to afford IP costs)?

I learned an interesting fact at this year’s International Women’s Day event hosted by Collins Barrow Vaughan and BDC that women are more risk averse in borrowing than men, and that when they do, they tend to borrow less than their male counterparts. This invariably translates into less risk-taking in their business ventures and funding their IP costs. The documentary film Dream, Girl (notice the punctuation!) showcasing the stories of inspiring and ambitious female entrepreneurs helps lead the way to bolster women’s confidence. I would encourage as many of you reading this to see it, no matter your gender or interest in the inventor/start-up space.

Q4 Are there unique challenges that female inventors and entrepreneurs face?

Inventors and entrepreneurs already face more challenges in Canada than in some other hot spots, like the Bay Area in California for instance, men and female alike. As women, however, the challenges are greater because of a convergence of factors, such as lack of role models and lack of funding from investors. Some investors stereotype and feel that women can’t run companies. This is patently false. Pardon the pun!

Q5 How can the innovation and IP ecosystems become more inclusive for under-represented groups, such as female entrepreneurs?

I think it starts from the grassroots in encouraging more girls go into traditionally poorly-represented disciplines (ie STEM). There also need to be more men and women at the top supporting and encouraging talented women. Whether it be through venture capital, angel and other needed financial backing. Educational curricula and the media too could help by showcasing female entrepreneur role models and, albeit successful, not hearing about Elon Musk and Steve Jobs all the time.

Q6 What types of assistance will benefit female entrepreneurs?

Places like the are particularly sensitive to supporting underrepresented groups, such as female inventors and entrepreneurs. We are currently working with the Canadian Intellectual Property Office to further support women in their exciting start- ups. At the Innovation Clinic we already assist such women by empowering them with information and know how to protect their technologies, grow their businesses and make the difference we know they can!

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Karima is also a and the former general counsel and chief legal officer for Research In Motion (now BlackBerry); she was involved in overseeing the development of the company's valuable IP portfolio (with over 44,000 patents) as well as managing its IP litigation.

Karima Bawa

Q1 Do you believe that it is important to have more women involved in the IP system?

There is a growing body of which suggests that increased diversity in the workforce can result in stronger performance. I believe this holds true for the IP system as well. I think women can bring a different perspective to evaluating ideas and can help better support women inventors, particularly those that are designing products that are targeted to women. I think female representation needs to be stronger in all of the different areas that contribute to IP - everything from coming up with the ideas and their expression, to protecting the ideas and their expression (through filing and enforcing IP), to leveraging IP in a commercial context.

Q2 Have you noticed a gender gap in your industry? Is the situation changing?

My own experiences as well as studies in the area point to a gender gap in the IP legal sector. There are fewer women who are patent agents, patent attorneys and IP litigators (likely because many of them do not have the technical background that is either a real or perceived prerequisite to practicing in these areas of law). For example, while there are no formal education requirements to become a patent agent in Canada obtaining a position as a patent agent trainee is almost impossible without having a science or engineering degree and because there are still fewer women who are pursuing fields like mathematics or physics or engineering there is an even smaller funnel for the number of women who can become patent agents. However, the landscape is slowly changing as more women pursue a STEM education and explore fields like biotech and clean tech. Also, women are increasingly becoming experts in other areas of IP law like copyright, trade marks, data privacy and protection (which are increasingly being recognized as valuable).

Q3 Do you think it is more difficult for female innovators and entrepreneurs to secure funding (and, therefore, be able to afford IP costs)?

Recent suggests that the percentage of female founded companies that are venture-backed has not increased since 2012. These studies suggest that it is more challenging for women to secure funding from VCs because they are still predominantly represented by men who tend to pick which businesses they back largely based on “who’s running the ship.”  Also, according to these studies, because men don’t use the products that many women innovators come up with and they don’t understand the need for these products or have a passion for them. I would agree with these observations, but I would also add from that from my personal experience, it is more challenging for women to secure funding because, it is often more difficult for them to ask for help and women don’t typically have the same extensive network as men do in the financial and VC space.

Q4 Are there unique challenges that female inventors and entrepreneurs face?

In my opinion, one of the most significant challenges for female inventors and entrepreneurs, is the lack of female mentors who hold leadership positions.  For example, in the IP legal sector, there are still fewer women in leadership positions and therefore young women don’t have leaders and mentors that they can turn to who can support them through issues like maternity leave or how to balance work life and family life.  Also, there is still an unconscious bias on a number of levels. For example, in a law firm, it is quite often a male partner that owns the client relationship and he may unconsciously disproportionately provide opportunities for his male colleagues with whom he may feel a closer connection. In addition, as alluded to above, women tend not to have the same influential networks that they can call upon.  Also, a very real challenge which exists for women in all sectors is the fact that women are still the primary care givers in most family situations, and as such they simply can’t dedicate the same amount of time and energy for their professional endeavors because there are only so many hours in the day. As such, we need to have meaningful discussions about the structure of modern-day work, especially in time-intensive professions such as law, and what can be done about helping women who want to have a career and raise a family and actually be successful in both domains.

Q5 How can the innovation and IP ecosystem become more inclusive for under-represented groups, such as female entrepreneurs?

The innovation and IP ecosystem can become more inclusive for women by, as a starting point, encouraging women’s interest and engagement in technical fields (for example STEM). Also, women who are in leadership positions have to take it upon themselves to mentor other young women and to encourage flexible working arrangements and the adoption of programs that support issues tending to affect women like transitions to and from maternity leave.

Men too can play a very powerful role in bringing women along. I for example, had the benefit of working with men who supported my desire to have a family and be actively involved in raising a child because they understood that I needed to be able to have flexibility to remain committed to and passionate about what I was doing in the workplace.

Q6 What type of assistance will benefit female entrepreneurs?

I believe that women should be encouraged to network and that workplaces should find ways to facilitate this recognizing that traditional networking opportunities are sometimes more limited for women who are often already struggling to manage their familial commitments alongside their professional commitments. Also, women should be encouraged (through coaching if needed) to feel comfortable talking about themselves and their achievements and get over the fact that doing so is not boastful (if done appropriately).  VCs need to have more female representation so that women entrepreneurs and their products aren’t as easily dismissed. And finally, it is important to implement working arrangements that are flexible and that recognize that many women have competing demands, like raising their children or supporting their aging parents, that many men simply don’t.

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Maya Medeiros

Q1 Do you believe that it is important to have more women involved in the IP system?

I believe that diversity (including gender diversity) in business generally is important as it provides a range of perspectives for better decision making and problem solving to increase performance. This extends to the IP system, which includes IP professionals such as lawyers and agents, as well as innovators or IP creators. IP, and particularly patents, can be looked at through a “problem and solution” lens and a diverse set of players should highlight a wider range of problems, “eureka moments”, and innovative solutions.

Q2 Have you noticed a gender gap in your industry? Is the situation changing?

There is a gender gap in the legal industry and technology industry so the intersection of these industries further widens the gap. I am lucky to be part of a diverse team at my firm but I know this is not the norm. We are starting to see more data which creates awareness so hopefully this will lead to solutions.

Q3 Do you think it is more difficult for female innovators and entrepreneurs to secure funding (and, therefore, be able to afford IP costs)?

indicates that women-led ventures secure a lot less funding which suggests it is more difficult for female innovators and entrepreneurs to secure funding. A business network often leads to funding opportunities (or at least introductions) and if most of the network is made up of men it is likely harder for women to establish themselves within the network.

I am involved in (with their Radical Generosity funding model) as an activator and part of a global community of women that exclusively fund women-led ventures and provide business support. and join the community.

If a female innovator is solving a problem that targets female demographic it may be harder for male investors to understand the market and the value of the solution. also shows that the investor/financial industry is also predominantly male ().

Q4 Are there unique challenges that female inventors and entrepreneurs face?

The challenge of securing funding discussed above is significant if the inventor or entrepreneur cannot bootstrap their venture. There is also the significant problem of unconscious bias and the unfair results it can lead to particularly in industries where females are not well represented. suggests a lack of females in leadership positions which leads to a smaller pool of female mentors. In my personal experience, female mentorship has been very important for navigating issues in the professional world (and personal world).

Q5 How can the innovation and IP ecosystems become more inclusive for under-represented groups, such as female entrepreneurs?

Both men and women in leadership roles should take active steps to provide assistance to female entrepreneurs, such as informal strategy discussions, feedback on business plans, and mentorship generally.

Q6 What types of assistance will benefit female entrepreneurs?

An increase in funding opportunities can address the lack of funding noted above. Mentorship and business networks targeting female entrepreneurs can also provide support for their business. Sponsorship programs can be established and linked to funding models. A sponsor may be rewarded if a female entrepreneur meets significant milestones with their support, for example. Increased flexibility in the workplace can help both women and men, particularly when they are also caregivers or have other significant family roles.

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