IP Osgoode founded this , presented yearly during Osgoode convocation to mark Prof. David Vaver’s  for his leadership in intellectual property as “a scholar and mentor”.��

The medal, befitting of Prof. Vaver’s influence on intellectual property law, is an original piece of artwork created by Toronto-based artist, . IP Osgoode awards the medal yearly to an Osgoode student in the graduating class who merits special recognition for outstanding achievements in the area of intellectual property law. Importantly, the student’s achievements extend beyond academic excellence, and can include significant contributions to research in intellectual property and related areas or exceptional commitment and enthusiasm through their participation in intellectual property-related extra-curricular activities.��

Bonnie has been a valued member of various intellectual property programs throughout her time at Osgoode. She joined the IP Innovation Clinic as a Fellow in her 2L year as a student in Prof. Pina D’Agostino’s Directed Reading: IP Innovation Program Seminar course. In this role, she presented a seminar with the City of Barrie Sandbox Centre along with her peers on “”. She was also a regular contributor to the IPilogue where, after taking on additional responsibilities to help IP Osgoode’s Assistant Directors to manage the blog, Bonnie was promoted to the role of Senior Editor for her 2L summer. She spent her 3L Fall term in the IP Intensive program, taught by Prof. Vaver, proving to be an asset to her placement at AstraZeneca and receiving glowing feedback from her supervisor. Outside of her course involvement, she also worked with Prof. D’Agostino on research around privacy rights in contract tracing amidst the COVID-19 pandemic. She also dedicated her personal time to appearing at multiple club and course fairs to tell prospective students about her experiences with IP Osgoode and the IP Innovation Clinic.��

There is no one more deserving of this medal epitomizing the true values of the IP Osgoode David Vaver Medal for Excellence in Intellectual Property Law. Congratulations to Bonnie and wishing her every success in her career in IP!��

The post Congratulations to Bonnie Hassanzadeh on Receiving the IP Osgoode David Vaver Medal for Excellence in Intellectual Property! appeared first on IPOsgoode.

As part of the Osgoode Intellectual Property Law & Technology Intensive Program, I had the wonderful opportunity of completing a 10-week internship at AstraZeneca Canada (“AstraZeneca”). I can confidently say my internship experience, under the supervision of Denise Lacombe, Head of Legal at AstraZeneca, has been the highlight of my law school career. I also had the pleasure of working with Cristina Aguirre, Privacy Officer at AstraZeneca, and learned about the day-to-day operations of a major pharmaceutical company from her perspective.

One of the most enjoyable aspects of my internship was attending townhalls and meetings with different teams at the company. In addition to learning more about the company from legal, business, marketing, and human resources perspectives, I had the opportunity to witness the passion that each team member brought to their work and the company’s mission. As an innovative pharmaceutical company, AstraZeneca is truly on the cutting edge of science and the team’s innovative spirit was evident in every meeting.

At the beginning of my internship, I expressed that my main goal was to gain a realistic perspective on the responsibilities of an in-house counsel working in the pharmaceutical industry. I was pleased to gain exposure to a variety of topics including patent litigation, pharmaceutical regulations, and privacy law over the course of my internship.

As a multinational pharmaceutical company, AstraZeneca is often involved in complex patent litigation. During my internship, I was given the opportunity to review and provide input on court submissions for ongoing patent disputes. I was excited to participate in meetings with Denise and a group of experienced patent litigators and try to absorb as much knowledge about the field as I could. As a student with deep interest in patent law, I felt fortunate to be able to gain insight about high-stakes patent disputes outside of the traditional classroom environment and apply my theoretical knowledge of the topic to real-world problems.

As the pharmaceutical industry is heavily regulated in Canada, a significant portion of the work I did during my placement pertained to compliance with industry regulations. Reviewing advertising materials and ensuring compliance with the Pharmaceutical Advertising Advisory Board Code was a great exercise in legal research and sound judgement for me. Additionally, I was tasked with reviewing the Patented Medicines Prices Review Board Guidelines and answering questions pertaining to pricing issues for existing patented drugs as well as medicines with “patent pending” status in Canada. I found assignments pertaining to the regulatory regime around the pharmaceutical industry to be helpful in sharpening my analytical skills as well as improving my attention to details. Aside from learning about the existing regulations, one of the aspects that I enjoyed about the assignments was Denise’s willingness to provide her practical perspective on the issues that the company faced and help me navigate the regulatory framework through the lens of a business-savvy in-house counsel.

I began my internship at a very exciting time for privacy law in Canada. On September 22, 2021, Quebec’s Bill 64, received Royal Assent. Bill 64 is projected to transform Quebec’s private-sector privacy law regime as it comes into effect over the next three years. As one of my assignments, I conducted extensive research into the topic and prepared a memorandum providing commentary on the effects of the legislation on a company that relies on patient data for medical research. Given my interest in privacy law and my involvement in several projects pertaining to the field in law school, I was naturally excited to delve deep into the topic. The opportunity to expand my knowledge of the evolving privacy law regime in Canada was one of the most rewarding aspects of my internship.

My placement not only provided me with insight about the complex legal landscape of the industry, but it also made me appreciate the business aspect of the operations of a multinational pharmaceutical company. I am deeply grateful to Professors Vaver and D’Agostino as well as Denise Lacombe and Cristina Aguirre for providing this unique learning opportunity to Osgoode students. I am positive the skills I cultivated over the course of my internship will aid me in my future legal career.

The post A Place Where Science and Business Meet: My Internship Experience at AstraZeneca Canada appeared first on IPOsgoode.

When about Facebook’s plan to change its corporate name hit the internet, branding experts offered their about the driving force behind the social media giant’s decision to rebrand itself. speculated that the rebrand may be part of Facebook’s strategy to distract the public from the reputational harm it has suffered in recent years as a result of scrutiny over the on the company’s social media platforms. Others predicted Facebook’s decision to change its corporate name to be part of the company’s vision for building the - a term used to describe a shared virtual environment accessible through the internet.

On October 28, 2021, Facebook’s founder, Mark Zuckerberg, that the company will change its corporate name to “Meta”. The recent shift in the technology conglomerate’s brand identity has introduced a great opportunity to discuss the intellectual property implications of rebranding a business. Given the significance of a company’s trademarks to its brand identity, this post is dedicated to providing some insight about trademark considerations for a corporate rebrand.

Trademarks

Under of the (“Act”) in Canada, a trademark is a sign or combination of signs that distinguishes a person’s goods or services from those of others in the marketplace. A sign, amongst other items listed in the Act, includes a letter, word, numeral, figurative element, three-dimensional shape, or moving image. Changes to a company’s name, logo, or slogans often engage trademark rights.

Throughout history, numerous companies have changed their names to cater to a larger audience; swapped their original logos for a more modern look; and abandoned controversial slogans. In 1991, Kentucky Fried Chicken, in an effort to cultivate a more health-conscious image for the company, Apple, formerly known as “Apple Computer”, depicting Isaac Newton sitting under an apple tree to a more minimalistic design. In 2012, Reebok, following public criticism of its marketing campaign in Germany, : “Cheat on your girlfriend, not on your workout.”

While unregistered trademarks receive , the scope of protection for an unregistered mark is narrow and enforcement is often difficult. Trademarks may be registered under the Act in Canada. Registration confers to the owner the exclusive right to use the trademark across Canada in association with the specified goods or services for 10 years beginning on the day of registration and for subsequent periods of 10 years upon . The exclusivity of use granted to a mark-owner under the Act makes registration essential to a successful rebrand.

When brainstorming a new name, logo, or slogan for a business, it is important to keep in mind the registrability and availability of the proposed mark.

First, to find out whether a mark is registrable in Canada, a careful review of the set out in section 12(1) of the Act is necessary. To avoid registrability issues, it is important to avoid choosing individuals’ names or marks that are descriptive or deceptively misdescriptive of the company’s products or services. From a , aside from the statutory requirements for registrability, it is important to opt for marks that are simple, recognizable, and flexible to allow for future growth in the market.

The availability of a mark can be found through a comprehensive search of in the trademarks database of each jurisdiction in which the business plans to operate. A thorough search of each database will be extremely helpful in narrowing down the business’s options with respect to marks and limiting costs associated with registration down the line.

Finally, consulting with seasoned trademark professionals and branding experts is key to a successful rebrand strategy.

Conclusion

Although an effective rebrand does not necessarily require abandoning the company’s old trademarks, a proactive approach to registering the new marks is a crucial element of a successful rebrand. Aside from meeting registration requirements, a smart rebrand often involves careful consideration of whether the new marks resonate with the intended market. After all, a rose by any other name may smell as sweet but a business with a new name may not be as successful.

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Bonnie Hassanzadeh is an IP Intensive student and 3L JD Candidate at Osgoode Hall Law School. As part of the IP Innovation Clinic’s involvement in the inaugural year of Mitacs’ Business Strategy Internship program, Bonnie completed an internship at Bereskin & Parr LLP under the direct supervision of Reshika Dhir. As Principal Investigator, Prof. Pina D’Agostino secured three $10,000 grants from Mitacs, one of which was used to fund this internship.��

This past summer, I completed an internship with as part of the ’s collaboration with IP Osgoode. I was tasked with creating business and marketing materials for the Engineering and Technology practice group, focusing mainly on topics pertaining to patent prosecution. Over the course of my internship, I conducted extensive research into the patenting process, the value of patents for a business, as well as issues related to patent infringement and available remedies in Canada.

One of the skills I sharpened over the course of my internship was effective and accessible legal writing. Early on, I realized that I needed to strike a balance between communicating dense legal concepts that are crucial to the everyday practice of patent professionals with accessibility of that content for existing and prospective clients. Many clients who seek the services of patent professionals have extensive knowledge in technical fields, such as science or engineering, but often do not have much experience with intellectual property law. Therefore, it was crucial for me to adjust my writing to the needs of clients. I was grateful to receive constructive feedback from my mentor, , on a regular basis and improve on my work each week.

My experience of working at a law firm was also unique in that not only did I get to collaborate with the lawyers and patent professionals at Bereskin & Parr, but I also got a glimpse into the creative and marketing side of running a successful firm. As a law student with a background in the life sciences, I did not have much experience with the creative process of developing business materials going into the program, and through collaborating with a talented team of marketing professionals, I learned a lot about the importance of effective presentation of information.

I also had several opportunities to collaborate with the professionals at Bereskin & Parr to write and publish articles about recent topics in intellectual property law and examine those topics not only from a theoretical perspective but also from the lens of practitioners in the field. Writing articles and going through the process of editing with the professionals provided great opportunities for me to clarify my understanding of key legal doctrines and how they apply to the practice of law in a boutique IP law firm.

Overall, my experience with the Mitacs Business Strategy Internship program and their collaboration with IP Osgoode and Bereskin & Parr LLP was a very rewarding one and I took many lessons from my summer term that I know I will utilize in the future.

The post My Summer at Bereskin & Parr LLP- Mitacs Business Strategy Internship x IP Osgoode appeared first on IPOsgoode.

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Bonnie Hassanzadeh is an��IPilogue��Senior Editor, IP Innovation Clinic Fellow,��and a��3L JD Candidate at��Osgoode��Hall Law School.��

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The amongst adults during the pandemic has highlighted the importance of finding and implementing effective and sustainable mental health treatments. The in psychiatry point to an ever-increasing interest in the role that psychedelic compounds, namely psilocybin, can play in treating these conditions. Psilocybin, an active compound in what is commonly known as “magic mushrooms”, is currently listed under of Canada’s . Under this Act, it is illegal to possess, obtain, or produce psilocybin without a prescription or licence.

The legalization of cannabis in 2018 created a booming industry in Canada. In 2020, the sales of cannabis products hit . Sales are expected to grow by 60 percent by the end of 2021. Although the Canadian legalization of psilocybin, similar to cannabis, is an interesting and contentious topic, this article intends to highlight the potential patentability of psilocybin and its derivatives, as well as the current trends in the field.

Patenting Psychedelics: Novelty and Non-Obviousness

Novelty and non-obviousness are two of the main criteria for patentability. In order to obtain patent protection for an invention, such as a chemical compound, the invention must be novel. In determining the novelty of an invention, a patent examiner will look at all previous public disclosures, such as granted patents, patent applications, journals, or oral presentations. As psilocybin was isolated from the Psilocybe mexicana mushroom in 1957 and is a known compound, it lacks novelty. However, all is not lost for psilocybin products as researchers are continuously developing new and improved derivatives of the compound in order to optimize its effects on human biology. Therefore, a derivative of psilocybin that has not been disclosed publicly could qualify as a novel invention

The issue of non-obviousness of an invention, such as a psilocybin derivative, is perhaps more nuanced. Generally, to be patentable, an invention must be a new development (or improvement) that would not have been obvious to a person skilled in the technical field based on all prior knowledge. Therefore, for psilocybin derivatives to be patentable, the newly developed compounds must not be obvious to an ordinary chemist given all the information available about the topic.

Current Trends in Psychedelic Patenting

In reality, it is difficult to assess whether patent protection will readily be granted to each psilocybin derivative. However, it is clear that of the potential for gaining profits by keeping competitors out of the niche market through obtaining patents. Earlier this year, , a biotech start-up based in Washington state, was granted for a novel combination of cannabis and a psilocybin derivative. Those against the current trends in obtaining patents for psychedelic compounds claim that patents would stifle scientific research and competition in the field. They also pose a rather philosophical argument that the trend toward ownership and exclusivity contradicts that many people experience while taking psychedelics. Despite criticisms directed toward companies choosing to protect the compounds they develop, the race to patent psychedelics is only getting started.

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The post Patents & the Magical World of Psychedelics appeared first on IPOsgoode.

Noel Courage is a Partner at Bereskin & Parr LLP and a member of the Life Sciences practice group. He is also a co-leader of the COVID-19 practice group.

Bonnie Hassanzadeh is an��IPilogue��Senior Editor, IP Innovation Clinic Fellow,��and a��3L JD Candidate at��Osgoode��Hall Law School.��

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We have all had passing thoughts of regret before tossing a household item or appliance in the garbage. We wanted to fix it but could not find a replacement part or instructions online to fix the problem. We would be happy to pay someone to fix it, if we could even find a repairperson, but the cost of the part and repair labour are likely to be comparable to the cost of buying a replacement item. The rest is history – and landfill.��

The “right to repair” movement is a small step to increase corporate responsibility and to help turn around society’s increasing culture of disposability. It was born out of concerns about the barriers that prevent consumers from repairing their electronic gadgets and home appliances. Technology companies often restrict access to repairs by providing equipment parts, repair manuals, or access to software source codes only to a limited number of dealers. Consumers of their products have no access. This limited access may partly be a relic of the pre-Internet era, but it is not acceptable anymore. Companies need to be required to facilitate broad access to repair, to counteract the strong profit motive for companies to simply allow consumers to replace.

The lack of a repair option increases costs for consumers having to replace their own broken items, but it is less well known that it also impacts entire industries and increases the cost of basic goods such as food. The consequences of this exclusive access are particularly visible in the agricultural sector, where farming equipment has become increasingly more sophisticated and electronic.��Meanwhile, access to repair parts or manuals remains largely out of reach for many farmers who would otherwise be able to have their own equipment repaired.

The ubiquity of electronics in our everyday lives along with the lack of access to resources that would empower consumers to repair their devices has raised a whole host of concerns amongst legislators and activists in Canada as well as other industrialized countries.��Among the main concerns are the current lack of competition in the repair industry as well as the promotion of an environmentally-disastrous culture of disposability. In addition to the volume of waste created, there are hazardous substances such as mercury present in disposed electronics.

Although the proponents of the right to repair movement in Canada pose valid arguments for their position, they are faced with inaction from provincial governments as well as opposition from some industry stakeholders.��Manufacturers’ intellectual property rights are among the concerns provided by the movement’s opposition. The risk of whether IP would be infringed by refurbishing items is also a source of potential confusion that becomes a disincentive to businesses that could be formed to fix items at a larger scale.��There needs to be clarity about the circumstances in which a business reworking an item goes so far as to constitute an IP infringement. In this article, we will take a brief look at the patent and copyright issues surrounding the right to repair movement.

Patent Rights: Repair vs. Reconstruction

For businesses that repair and refurbish products, there is gray area in the right to repair lies within the distinction between repair and reconstruction.��Under Canadian patent law, the right to construct a patented invention is reserved for the patentee(s).��Although the��Patent Act��does not set out the differences between reconstruction and repair, the courts have provided guidance. In a leading Canadian case,��Rucker Co. v. Gavel’s Vulcanizing Ltd., the Federal Court examined the distinctions between repair and reconstruction. The Court ruled that although repairing a patented invention does not amount to infringement, a process which “results in a new merchantable article…cannot be considered as a repair.” ��The Court also confirmed that performing simple repairs on a malfunctioning device for the goal of reviving the article is well within the consumers’ rights, and is not an infringement.

Determining whether the work conducted on an invention is a reconstruction amounting to infringement is a highly fact-driven analysis. Patent attorneys can assist with this analysis, but legislative amendment would provide broader certainty for businesses wanting to repair items.��

Manufacturers’ Copyrights

Canadian copyright law largely restricts consumers’ ability to repair their electronic devices. The��Copyright Modernization Act��introduced new provisions to the��Copyright Act, imposing strict prohibitions on the circumvention of technological protection measures (“TPMs”). TPMs are digital “locks” put in place by copyright owners to protect access, reproduction, publication, or performance of their copyright-protected materials. These locks make sense as a means to protect against copyright infringement by those who would otherwise reproduce and steal the material. Under the��Act, circumventing TPMs or offering services to the public for the purposes of circumventing TPMs are both prohibited.��Digital locks are often placed on software, restricting access for the purposes of diagnosis, maintenance, and repair. Canada’s strict statutory restrictions surrounding digital locks mean that consumers and unlicensed repair service providers are not allowed to bypass the protection measures for the purposes of repairing electronic devices. There should be an exception created to permit an individual to do a repair.��

Legislation on the Right to Repair

Although the current statutory prohibitions on bypassing digital locks are strict in Canada, recent proposed amendments are aimed to alleviate some of the barriers that consumers face in accessing “locked” computer programs. Pending Federal Bill C-272 proposes that consumers should be permitted to access computer programs for the sole purpose of diagnosis, maintaining or repairing a device in which the program was implemented. This Bill is unlikely to be passed before an expected Fall federal election.��The limited attempts by the provincial government at right to repair legislation have also been unsuccessful. Bill 72, which was introduced in the Ontario legislature in February 2019, was voted down in May of that year.

Conclusion

There is no doubt that the right to repair movement faces significant challenges. However, the movement in general is gaining traction worldwide. Many states in the U.S. including Massachusetts, New Jersey, New 91��ɫ, and Washington have introduced bills aiming to establish the right to repair for consumers. Earlier this year, the European Parliament voted in favour of the right to repair and expressed support for measures aimed at empowering consumers. Currently, there is little momentum behind Canadian legislation to grant consumers the right to repair. The movement to empower Canadian consumers and protect the environment needs to continue to grow and get on track. Passing IP legislation aimed at clarifying and facilitating the right to repair would be a good initial step.

The post One Person’s Trash is Another Person’s Treasure: The Interaction of IP and the Right to Repair appeared first on IPOsgoode.

In addition to incorporating theoretical concepts of IP in engineering programs’ curricula, educators should also consider teaching students how to review publicly-accessible prior art documents. Learning to engage in prior art review will benefit engineers in two ways. First, since are granted to improvements made to already-patented inventions, engineers will be able to utilize knowledge about existing technologies in order to further innovate as opposed to investing resources into recreating old inventions. Second, learning how to access and review prior art documents in the early stages of their education will equip them with tools to avoid committing IP infringements in the future. Although engineering students tend to gain some insight into their IP rights and the patenting process during their capstone projects, they are often not adequately prepared to deal with the challenges of IP commercialization. To address this issue, a group of academics in Indiana University proposed the . The goal of the project was to bolster engineering students’ understanding of IP law through a set of elective courses that would count towards their degrees. The project also proposed interdisciplinary collaborations between STEM and law students to create a mutually educational experience for both sets of students in the area of patent law. At 91��ɫ, the success of in through a collaboration between the at the Lassonde School of Engineering and the is a testament to the fruitfulness of these kinds of collaborations.

Incorporating IP education in engineering programs’ curricula will require significant investment of resources by Canadian universities. However, since a large portion of patent applications filed with CIPO seek to protect engineers’ inventions, empowering engineers-in-training by providing IP education and setting them up for future commercial success will be a worthwhile investment.

Written by Bonnie Hassanzadeh, JD Candidate 2022, enrolled in Professor D'Agostino's Directed Reading: IP Innovation Clinic course at Osgoode Hall Law School. As part of the course requirements, students were asked to write a blog on a topic of their choice.��

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Mitacs designed the BSI program for students to find employment this summer and to help participating partner organizations to restore or modify their business operations in response to the COVID-19 pandemic. This is the first year that Mitacs will run this program. Our students will be able to further their legal knowledge beyond the classroom through practical work on real world projects.

Here is some more information about each project:

3D Bridge Patenting and Commercialization Research

has developed a secure digital medication platform through which health practitioners and other authorized care providers can connect with patients remotely. The device will help to ensure that the medication is properly administered to patients, specifically the elderly, patients with comorbidities, and those who take addictive or high-cost medication. Krystel Ametepeh, 1L student and IP Innovation Clinic Fellow, will work under the supervision of Karima Bawa, CEO and in-house lawyer of 3D Bridge, to provide legal research services in intellectual property, health and privacy law and to address the legal requirements associated with commercialization amidst this product’s pre-commercial rollout.

Innovative Educational and Marketing Tools for Prospective IP Rights Owners (Bereskin & Parr)

(B&P) has struggled to market their services and educate clients without their usual in-person events. With funding from Mitacs, B&P will hire Bonnie Hassanzadeh, 2L student and IP Innovation Clinic Fellow, to create educational and marketing tools for various purposes, including training for new staff and educating prospective and existing clients. Under the supervision of B&P Partner Reshika Dhir, Bonnie will also research marketing strategies about tailoring these materials to various clientele and determine the most effective media to convey the relevant information. Some of these materials will be available for use by our IP Innovation Clinic.

Interaxon Scaling Project

is a Toronto-based company that helps customers to build rewarding meditation and sleep practices to lead healthier and happier lives. As the COVID-19 pandemic has increased their need to address mental health concerns, Interaxon is looking to increase the commercialization of its products and services. The funding will allow Androu Waheeb, 1L student and IP Innovation Clinic Fellow, to work alongside Naseem Bawa, General Counsel at Interaxon, in developing licensing arrangements for the company’s relevant IP and seeking FDA approval to make Interaxon’s devices more accessible to users.

We are very grateful to Mitacs for approving IP Osgoode's proposals in this inaugural year of their Business Strategy Internship program. We would also like to thank our supervisors at 3D Bridge, Bereskin & Parr, and Interaxon for working hard on such short notice to make space for our students and put our proposals together. We look forward to seeing how our students grow and what they accomplish with our partner organizations.

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Robert Embree began his presentation with a brief description of and their role in protecting the distinctive look and feel of an invention. He then highlighted industrial designs’ recent gain in prominence by mentioning the over their design rights. An internal study conducted by CIPO has revealed that Canada is currently lagging behind many developed countries in protecting industrial designs. This finding sparked of the effects of holding industrial designs on an average firm’s revenue per employee and net income per employee. was conducted using a unique Canadian data set obtained with the help of of Ivey School of Business at the University of Western Ontario. The study covered 500 Canadian firms operating over the span of 25 years, from 1990 to 2014. It controlled for many factors, most importantly for the effects of obtaining patents on a firm’s revenue. The study found that by acquiring industrial design protections, the average firm’s revenue per employee increased by 19%, net income per employee increased by 23%, and, as a result of the addition of only 10% more industrial designs to the firm’s IP stock, the revenue per employee increased by 1%. The latter finding was particularly significant since the study found that a 10% increase in the number of patents that a firm holds only resulted in a 1.2% increase of revenue per employee. This study’s findings indicate that although patents tend to receive more attention in discussions about economic growth, Canadian firms could experience significant economic benefits by accumulating industrial designs.

After Robert, Alissar Hassan gave an informative about IP rights and business profitability from an Australian perspective. An conducted by IP Australia on the effects of IP rights on market concentration and competition found that the use of IP rights has doubled since the early 2000s. The study also concluded that IP owning businesses tend to gain higher profits compared to their non-IP-owning counterparts, particularly in the manufacturing and wholesale trade sectors. Although the evidence regarding the effects of IP rights on market concentration was inconclusive, the study showed that accumulating different types of IP in the forms of patents, trademarks, and industrial designs tends to positively impact business profitability in Australia. Alissar brought up an interesting point about the effects of the COVID-19 pandemic on trademark filings in Australia. Although tends to be positive, trademark filings with IP Australia soared in 2020 despite as a result of the pandemic. Researchers at IP Australia attribute this interesting trend to the adaptation of businesses to the new circumstances and are looking to further investigate the topic.

The panel concluded with a Q&A session which once again highlighted the positive effects of industrial designs on business revenue. Given the findings by CIPO researchers regarding the work that Canada needs to do in order to catch up with other developed countries in protecting industrial designs, IP rights seem to play a more topical role in our country’s economic prosperity than ever.

Written by Bonnie Hassanzadeh, IPilogue Managing Editor and Clinic Fellow at the IP Innovation Clinic.

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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

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