Growing up, like many children, I had a skewed perception of the news. To me, the news existed as the excess pages attached to the crossword. The paper was so thin, my heavy- handed penmanship would often bleed through the page. The news was also the channel my grandparents never let me change, despite the fact that the content always seemed to make them sigh and shake their head. I never understood why adults cared so much about the world around them, when the world truly seemed like such a depressing place. I suppose not much has changed, except for my perspective, which has been shaped by my education and genuine curiosity. I discovered a passion for uncovering truths, through the mystery novels I buried my nose in, the work I did for the school paper, and the headlines I encountered on my phone.

When I was told that I’d be spending my first semester of 3L at the Globe and Mail, I became enamoured with the realization that I wouldn’t have to attend classes, make summaries, or write exams for a whole ten weeks! I was excited for the change of pace and the practical learning opportunity ahead. One thing law school doesn’t teach is how to actually practice law. Crazy, right? We are given the tools to think critically and spot issues, but drafting and client correspondence is often left up to volunteer work, summer positions, or experiential opportunities such as this placement. With that said, I was excited to feel like a lawyer for once.

The Globe was especially enticing, as Canada’s most widely read newspaper, but I also had no idea what to expect. Isn’t the news a dying industry? What sort of IP issues could I possibly face? Half of me wondered if I’d spend my days seated in the corner of a newsroom while journalists barked pitches at the editor, who would periodically look over at me to confirm no laws were being broken. Of course, I didn’t have the authority or the experience to make these calls, and Covid ruined my plans to star in what sounds like the plot to a mockumentary sitcom.

With that said, the Globe’s Associate General Counsel, Sophia Javed, did make sure to include me at every step of the process –from initial inquiries up until the final draft of the agreement. I also had the opportunity to explore new areas of law which I hadn’t considered before, such as privacy and anti-spam. This was the most surprising thing about the Globe, as I was reminded of its identity as a business, first and foremost, one with a prominent online presence. This means that, like other private companies, the Globe must comply with consumer protection laws.

Speaking of consumer protection and putting users first, my time at the Globe also reminded me that, contrary to popular belief, lawyers exist to make their clients’ lives easier. With that said, contracts should be clearly written, without legal jargon, to avoid litigation. It’s easy for lawyers to fall into the habit of recycling old precedents, with little to no revisions, even if they make no sense. However, at the Globe, I was encouraged to bring a new perspective to these documents. My creative mindset and background in English served to be an asset, as I was able to use the writing skills I cultivated in undergrad to my advantage.

All in all, this was a valuable experience for me, as I learned about the challenges and the perks that came with advising in an in-house capacity. I found that I really enjoyed the role each lawyer plays, as they wear multiple hats and are expected to be experts in not only the law, but the business as well. I can certainly see myself working in a similar role, in the future, maybe at another media or publishing company.

Thank you to Professor Vaver and the lawyers at the Globe, for guiding me throughout the term and providing me with knowledge that will surely inform the rest of my legal career.

The post You’ve Got Mail – A Contract You Can Read!! My Virtual Placement at the Globe and Mail (IP Intensive Reflection) appeared first on IPOsgoode.

Going into my internship, I thought I would be dealing with a lot of copyright and defamation work directly related to published content. Although I have touched on a bit of this, the role of in-house counsel at one of Canada’s most prominent media companies is much more than that. I guess I was naïve in thinking that life at The Globe was going to be exactly like those movies I watched as a kid. With the rise of digital content, I was exposed to so much more technology related work than I expected. I will be honest and admit that it was a bit intimidating at first, but as someone who still writes her class notes with a pen and a piece of paper, I chose to embrace the complexities of the digital world.

I had the privilege of working with all three of The Globe’s legal counsel who are well versed in a range of different areas including advertising, privacy, competition and intellectual property and technology. While doing my best to support the legal team in any way I could, I was able to sharpen my research, drafting and agreement review skills. Drafting, a skill that is definitely on the back burner in law school, is part of the everyday life of in-house counsel and I feel lucky to have had the opportunity to work on this skill under some of the industry’s best. I have learned to appreciate experimental learning on another level by venturing outside of my comfort zone and learning from my mistakes in a real world environment. Additionally, watching the team support the business while keeping up with changing laws (such as the legalization of cannabis, and debates on privacy and competition laws) made me realize how important the team is to the organization.

I was exposed to a range of different agreements including those related to advertising, purchase and sale, events, and content production. Even though the first Software as a Service (SaaS) Agreement I looked at seemed to be written in a different language, over time I became more familiar with all of the moving parts and “tech lingo”. I also learned the ins and outs of various terms and conditions and how they function as the backbone of various purchase orders and statements of work.

One of the most interesting things I worked on was agreements for freelancers. I was exposed to the ongoing debate about the bargaining power of large media organizations and freelancer rights. I reopened my copyright summary from last semester and dove back into the details of the case in an effort to draft language to encompass the constantly advancing digital world.

I was also fortunate enough to be a part of real time copyright related conversations and helped draft Notice of Infringement letters and responses to the replies of third parties. This also involved diving deeper into some previously studied case law (such as ) to clarify the legal test of “fair dealing” to infringing parties.

All in all, my experience at The Globe has given me the practical experience that the classroom lacks and a strong appreciation for in-house counsel in the ever evolving media industry. I should also note that The Globe’s new building near the distillery district is pretty great too! I think it is safe to say that journalism might be the main attraction, but the legal team is the glue holding it together.

Written by Lauren Chypyha, Osgoode JD Candidate, enrolled in Professors D’Agostino and Vaver 2019/2020 IP & Technology Law Intensive Program at Osgoode Hall Law School. As part of the program requirements, students were asked to write a reflective blog on their internship experience.

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When I first applied to the IP Intensive Program, the prospect of experiential learning was appealing, but I had only a vague idea of what to expect. Having just completed the 10-week placement, I can safely say, and I am confident other IP Intensive students would agree, that the program is more than just an opportunity to learn about law. A lot more.

Learning about law was, of course, a major component. During the very first week I had exposure to copyright, trademarks, advertising, and media law. Some of these areas were familiar and others entirely novel. A significant portion of my time was dedicated to working on privacy law. Aside from conducting legal research, I was involved in day-to-day operations as well. This involved giving comments on a broad range of contracts, evaluating clients’ advertisements for compliance with advertising law, and drafting rules for an online contest, just to name a few. There is no doubt in my mind that the work I was entrusted with at The Globe equipped me with a level of knowledge that could not have been obtained in the classroom.

The work placement made the limitations of classroom learning readily apparent. The biggest difference is the context in which learning takes place. The degree of access I had to The Globe’s inner workings taught me a lot about the publishing business and the role in-house lawyers should play in any organization. An appreciation of how multiple departments interact within an organization, its business model and how the industry is developing as a whole inevitably informed how I approach legal advice. For me personally, figuring out and applying the law in such an industry and fact-specific context was a welcome challenge and a rewarding learning exercise.

Spending a semester at The Globe also gave me a perspective on legal practice that I am certain will aid me in the long run. First, it served as a preview of what it would be like to work as an in-house lawyer, as opposed to an associate at a law firm. Second, it showed me how sophisticated clients approach legal services and, in particular, what in-house practitioners look for (and avoid) when retaining external counsel.

Above all, the people I have met at The Globe made my time there truly memorable. I have had excellent supervisors who provided me with great guidance and career advice. In addition to being patient and knowledgeable, they were extremely friendly and approachable, which created to a fantastic work environment. The same could be said about everyone I had encountered at The Globe.

Overall, the IP Intensive Program was an invaluable experience. I would encourage Osgoode students to take advantage of the unique opportunity to learn from renowned scholars, judges and other students, while gaining practical exposure to the practice of IP law. 

Anatoly Zhitnik is a JD Candidate at Osgoode Hall Law School and was enrolled in Osgoode’s Intellectual Property Law Intensive Program. As part of the program requirements, students were asked to write a reflective blog on their internship experience.

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And as has been common in commentary, he also draws parallels to the demise of previous research and development (R&D) powerhouse Nortel. As Yakabuski wrote,

“If Blackberry is sold – as seems likely after the board announced a strategic review and hired investment bankers – it will most likely be carved into pieces. That stands to make Canada’s innovation situation worse. The company, which benefited from government grants and loans in its early days, has given back by nurturing the countless startups for which BlackBerry is a customer or mentor. Nortel played a similar role in its day. The loss of an anchor can compromise an entire ecosystem of innovation, making it even harder for startups to make the leap to commercialization.”

The Globe and Mail has been reporting extensively on the company’s future, seen in articles like “” and “”.

Breaking Down the Issues

A quick scroll through the on any of these articles – or casual listening across our country’s proverbial water coolers – makes it clear that the future of Blackberry is a hot button issue. There are camps, there is rhetoric, and there is emotion. But using Blackberry’s current situation as either a symbol of contemporary innovation challenges or as a canary-like indicator for the future of Canadian innovation is problematic.

In unpacking the link between Blackberry’s future and its impacts on Canadian innovation, there are two distinct arguments. From the perspective of critics, the hypotheses are that Blackberry is struggling because it lacks innovation; also, the sale of Blackberry will reduce the amount of innovation in Canada. In my opinion, both are logic leaps.

Is Blackberry Struggling Because it Lacks Innovation?

Ongoing , device operating system reviews and the controversial but creative idea to – as well as the decision to – are clear signs of innovation.

There may be better reasons to explain Blackberry’s loss of market share and sinking stock price. These include that the innovations were not to maximize appeal with the , that , or that or product have faltered with growth. All of these claims seem to hold some truth to them. To say that Blackberry has lacked innovation, however, is, in my opinion, fundamentally inaccurate.

Will the Sale of Blackberry Reduce Innovation in Canada?

It’s difficult to predict whether any sale or breakup of Blackberry will result in quantitatively less innovation than if the company retains its current corporate structure. If we judge innovation by R&D investment, it would be hard to have mathematical certainty about what Blackberry would have spent over its company future in the event of a sale, and vice-versa. As a result, I would contend that outright, quantitative prediction is a mug’s game.

In my opinion, a more intelligent, nuanced response is that R&D is a blunt and sometimes indeterminate measurement of innovation. The Council of Canadian Academies recently completed an at the request of Industry Canada to assess innovation in Canada. Though it did find many benefits to industrial R&D (IR&D) investment, it’s not the same thing as innovation.

“IR&D and innovation are not synonymous. IR&D consists of any scientific research or technology development undertaken by Canadian businesses. Innovation, on the other hand, is the broader concept that can be defined as ‘new or better ways of doing valued things.’”

The panel listed four key areas of R&D strength in Canada, including:

• Aerospace products and parts manufacturing,
• Information and communication technologies,
• Oil and gas extraction, and
• Pharmaceutical and medicine manufacturing.
  
  

And here’s where the argument that a sale of Blackberry will reduce innovation in Canada begins to sound particularly weak. Even if a sale results in reduced R&D spending by the new corporate form or forms – which is difficult to prove – and even if a reduction in R&D spending guarantees a reduction in innovation (also difficult to prove), it stands to reason that a single company should never dramatically impact Canada’s overall innovation agenda. Blackberry is one company in one of the four areas of R&D strength in Canada.

The Big Picture

R&D and innovation in Canada have bigger problems than Blackberry’s future. A recent Conference Board of Canada shows that even by a broad array of 21 different indicators, Canada lags. According to their findings,

“Despite a decade or so of innovation agendas and prosperity reports, Canada remains near the bottom of its peer group on innovation, ranking 13th among the 16 peer countries / Countries that are more innovative are passing Canada on measures such as income per capita, productivity, and the quality of social programs.”

that, from a digital communications technology perspective, the temptation for entrepreneurs to sell out too early or join the brain drain to Silicon Valley is part of the problem.

“And the magnetic allure of Silicon Valley means people with qualifications are migrating en masse to the Bay Area. An estimated 350,000 Canadians live and work in the Valley – an entire lost generation. It’s no exaggeration to say that much of the world is in the midst of a global brain drain of engineering talent.”

Eli Lilly president and CEO John Lechleiter believes that, from a pharmaceutical perspective, .

Michael Bloom, vice-president of organizational effectiveness and learning for the Conference Board of Canada, believes that companies need to.

There are many key contributing causes of and prescriptions to Canada’s innovation lag, but none of them truly involve Blackberry. At most, Blackberry is the symptom - not the diagnosis.

Conclusion and Insights

Using Blackberry’s current challenges to strike up a national debate on R&D or innovation is thorny. In rifling through the waves of press coverage, it seems like media outlets are using an innovation angle to give legs to one of its favourite corporate narratives.

The obsession with Blackberry fortunes is natural because mobile devices are deeply personal products that are highly integrated into our daily lives, whether consumer, student, or professional. Also, Blackberry’s is a reverse underdog story, and some people love watching a former market leader struggle.

Unfortunately, when we bring larger public policy debates around innovation into heated discussion around controversial companies like Blackberry, it can unnecessarily politicize or bias the national discourse. As well, I worry that such politicization may allow other Canadian companies that aren’t doing their part on the innovation front, but are in less prominent or popular industries than mobile devices, to escape the same amount of media scrutiny.

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