Cynthia Zhang is a 3L JD Candidate at Osgoode Hall Law School. This article was written as a requirement for Prof. Pina D’Agostino’s IP Intensive Program.

As a student of Osgoode’s Intellectual Property Law and Technology Intensive for the Fall 2022 semester, I had the opportunity to complete an internship placement at Ontario’s public educational broadcaster, TVO. Most people who, like me, grew up in Ontario in the 90s-2000s likely consider after school snacks and a core memory. Besides its classic properties like Polkaroo and Today’s Special, TVO also produces The Agenda, a current affairs daily, and offers accredited educational services and products. I was a member of the Legal Services and Business Affairs team under the supervision of Patricia Cavalhier, Director of Legal Services at TVO.

I was pleased to be able to attend onsite two days each week. Besides TVO offices, the building at 2180 Yonge also houses TVO’s studios, editing and content production facilities. I tagged along on a site tour with a group of new hires and was able to see some archival sets and props, the costume department, editing studios, as well as the sets of The Agenda and other TVO in-house productions. The industry-specific ecosystem is one notable difference between a role as in-house counsel versus a practitioner in a law firm.

By far the most engaging project I worked on during my placement was the publication of a set of official marks for TVO. I was fortunate to have begun my internship at the same time as the rollout of an organizational rebrand. This resulted in new logo designs and new programming branding, all of which needed to be protected via a trademark-related process. Official marks are a system unique to Canada and operate pursuant to section 9(1)(n)(iii) of the Trademarks Act, RSC 1985, c T-13. They are “published” by the Registrar of Trademarks as opposed to being “registered” like trademarks. They can only be owned by a public authority, an organization under substantial government control that provides a public benefit, such as TVO. The actual process of publishing official marks is very different to obtaining registration of a trademark. I was surprised to find that the feat could be accomplished simply by sending a one-page request form to the Canadian Intellectual Property Office (CIPO). This would then need to be followed up with proof of public authority and proof of use or public display of the mark itself.

Additionally, I discovered that it was quite easy to speak with a trademark examiner at CIPO to receive advice on section 9 procedure. I was able to interact with the examiner via both email and phone, and he was very accessible and willing to help on multiple occasions. Having worked in an accounting setting which involved constant interaction with CRA, this level of approachability from a government entity came as a shock to me.

Prior to law school, I worked in an entertainment context in various capacities but without experience in broadcast media. My placement at TVO taught me how such an organization functions internally. I spent time with acquisitions officers and understood their day-to-day processes, including how licensing agreements are generated and negotiated, something which I had only experienced from the opposite party’s perspective during my summer law student roles. I was also interested to learn of some unique considerations for this type of broadcaster, including stringent compliance with Canadian Media Fund requirements regarding fund allocation, programming characteristics, and diversity and inclusion.

Toward the end of my placement, I found it gratifying to be able to design a “best practices” guideline for TVO’s content team regarding IP considerations and social media. I learned that although content production staff generally understands the wide strokes of copyright and trademark, they can still easily get caught up on nuances which could result in a claim of infringement or similar. I was able to compose a guideline that provided points to be mindful of and specific advice on use of Creative Commons licensed content, including careful attribution. I left feeling as if I had contributed concretely to the operation of the organization, at least in this small way.

My internship at TVO gave me beneficial insight into the daily life of in-house counsel as well as how a broadcast media organization operates in the changing media landscape today. It is clear that TVO is embracing and exploring different avenues for the future of their business, as is evident from their recent partnerships with popular brands like and the . I am grateful to Professor Pina D’Agostino and my supervisor for making this experience happen.

The post Behind the Polka Dot Door – The In-House Perspective at My TVO Internship appeared first on IPOsgoode.

Spending the semester at TVO gave me a fascinating and enjoyable look into the world of in-house lawyers. In-house lawyers deal with a broad range of issues including corporate, IP, tax, privacy and even estate law. The fact that TVO is a crown agency and charity added even more breadth to the legal issues I encountered during my placement.

The legal team at TVO also work closely alongside the business affairs department. This proximity allowed me to be involved in a number of deals for the co-production and acquisition of television properties as well as touch on a broad array of legal issues. As a result, I became well-acquainted with the business affairs people over the course of my time with TVO. Our casual chats provided an unexpected benefit in that they gave me a very good sense of what deals were coming through the department and the important issues for those deals from a business and legal perspective. When the lawyers asked me to look into legal issues surrounding a particular point in a deal, I understood the context in which they were asking the question. Unlike private practice, the focus of my research was frequently less about finding a way to advocate an issue and more about finding a way to meet the business needs of the organization.

Much of my research involved broadcast law. The Canadian television industry has a unique landscape that is heavily regulated. The rights to individual programs are founded in copyright law but shaped by the requirements of public funding agencies like the (CMF). CMF mandates that certain rights be held by producers and creates thresholds for the amount of rights that broadcasters can or must retain in individual projects. In addition, the (CRTC) mandates certain requirements for broadcasters in terms of how much Canadian content they air. Throughout my placement I became increasingly familiar with this regulatory landscape.

On a personal level, the best part of the placement was by far the attitude that everybody at TVO had about having me on as a student. From the first day the vibe was that they were glad to be a part of the IP Intensive and went out of their way to make sure I would get the most of out the experience. I was invited to meetings. I was asked what kind of work I was interested in doing. My supervisors checked in frequently to make sure that my expectations were being met. By the same token, whenever I submitted work there was constructive feedback.

My great experience at TVO was a direct result of what makes the IP Intensive such a unique and rewarding program. Although the focus of the program is on IP law broadly, the focus is also on getting students into placements where they will thrive. From my first interview for a spot in the program, there was a strong emphasis from the faculty on finding out what kind of experience I was looking to have and what type of organization I thought would provide that experience. My placement at TVO was a direct response to making the faculty aware that I am an unabashed film and TV business geek. For students considering the IP Intensive in future years, I strongly recommend considering what areas they find appealing and communicating it to the program director and faculty early on during the application process.

The IP Intensive is a great way to spend a semester.

Ryan Keller 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.

The post IP Intensive Program: A Semester at TVO appeared first on IPOsgoode.

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.

The post IP Intensive Program: Learning Around The Globe appeared first on IPOsgoode.

How Do Intellectual Property Lawyers Interact Within a Larger Company?

During my time at Apotex, I had the opportunity to learn how the Global Intellectual Properties (GIP) group interfaced with some of Apotex’s other departments. Sometimes these interactions were in the form of regularly scheduled meetings, where a lawyer and representatives from other departments would meet to discuss the progress that is being made on Apotex products. Whether the interactions were more or less formal, scheduled or spontaneous, one thing was clear: in-house lawyers work hard to support every area of the company that requires their assistance. 

What is the Role of In-House Counsel?

Prior to beginning my Apotex internship, I was a bit unclear on what work was performed by in-house lawyers, rather than by external counsel. Throughout my internship, I was able to learn how various legal tasks were delegated.

The in-house legal team is tasked with advising the company, helping to make decisions about the best way to proceed in certain situations, and managing the tasks assigned to external counsel. In-house lawyers are also involved with drafting documents and revising external lawyers’ work. As in-house lawyers understand the specific nature and quality of work that is required and the needs of their company, they are best-equipped to critically review incoming work and act as a liaison between the organization and the external law firm.

What Did I Do?

At Apotex, I completed tasks for a number of lawyers and experienced a wide range of work as a result. My largest project was to draft a Notice of Allegation; the originating document for proceedings under the . I completed various research tasks, including determining the litigation status of relevant cases. I learned how to critically review a patent, its file-wrapper, and prior art documents to determine what invalidity and/or non-infringement arguments might plausibly be made. This type of assignment provides an opportunity for in-house counsel to assist in drafting legal documents and to critically review work done by external firms.

My work was not limited to patents.  I also gained exposure to trade-mark matters and corporate/commercial work. For the latter, one of my tasks was to draft a corporate policy from existing documents and memorandum. I then reviewed the current documents to determine whether they were compliant with the draft policy, and to note any ways in which their compliance could be enhanced.

What About the Employees?

I have left the best for last – everyone with whom I interacted at Apotex was great. My supervisor was very helpful, glad to answer all of my questions, and ensured I was exposed to as much of the company and its work as possible. Our daily meetings provided an opportunity to discuss my progress, and his door was always open for any unscheduled meetings, as well. Everyone else who worked in the department was friendly, and happy to help in my learning experience. I was grateful for the experience, and, at the same time, felt I was able to contribute to the department.

Would I Recommend the IP Intensive Generally, and Working at Apotex in Particular?

Absolutely! The IP Intensive is a great way to become exposed to the IP community, and begin to learn some of the tasks that IP lawyers seek to accomplish. Working in an in-house environment will certainly provide a different perspective from working in a firm, as each has different responsibilities and focuses.

For anyone interested in completing an internship at Apotex, my experience was fantastic and I was able to learn a lot in my short time with the company. If you are interested in patent (and perhaps some trade-mark and corporate) law, this might be the right experience for you!

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

/* Style Definitions */
table.MsoNormalTable
{mso-style-name:"Table Normal";
mso-tstyle-rowband-size:0;
mso-tstyle-colband-size:0;
mso-style-noshow:yes;
mso-style-priority:99;
mso-style-qformat:yes;
mso-style-parent:"";
mso-padding-alt:0cm 5.4pt 0cm 5.4pt;
mso-para-margin:0cm;
mso-para-margin-bottom:.0001pt;
mso-pagination:widow-orphan;
font-size:11.0pt;
font-family:"Calibri","sans-serif";
mso-ascii-font-family:Calibri;
mso-ascii-theme-font:minor-latin;
mso-fareast-font-family:"Times New Roman";
mso-fareast-theme-font:minor-fareast;
mso-hansi-font-family:Calibri;
mso-hansi-theme-font:minor-latin;
mso-bidi-font-family:"Times New Roman";
mso-bidi-theme-font:minor-bidi;}

The post IP Intensive Progam: Apotex - The Best Way to Begin Your Third Year at Osgoode appeared first on IPOsgoode.

As Canada’s national broadcaster, every aspect of the CBC’s business involves intellectual property law. The CBC produces and acquires news, sports, comedy, drama, entertainment and reality programming for radio, television and online platforms in every corner of the country and in both official languages. Award winning investigative programs like The Fifth Estate, news greats like Peter Mansbridge, the political satire and comedy of This Hour Has 22 Minutes and The Rick Mercer Report, and the arts and culture programming of George Stroumboulopoulos and Jian Ghomeshi all call the CBC home. The CBC’s content is as broad and diverse as the country it serves.  

My experiences at the CBC proved to be just as varied. Over the ten-week internship period, I received assignments from lawyers in both the business and media law groups. The work focused on legal research, document review, and drafting on matters related to copyright and trademark licensing and infringement, fair dealing, moral rights and incidental use. I was also reminded that legal issues, especially in the in-house context, don’t confine themselves to the subject headings that show up on a course timetable. Accordingly, the work also touched on contract law, commercial law, procurement, corporate law, trusts, competition law, privacy law, evidence, civil procedure, defamation, and publication bans. These issues were made all the more interesting from CBC’s position as a Crown corporation created by the . The projects I was involved in varied in size as well, from small standard service agreements to the International Olympic Committee Media Rights Agreement designating CBC as the Official Canadian Broadcaster of the Sochi 2014 Olympic Winter Games.

I had the opportunity to participate in meetings with the full legal department teleconferencing in from three locations (Toronto, Ottawa and Montreal) while brushing up on my language skills as the conversation volleyed back and forth between French and English. I sat in on lawyers’ exchanges with executives, producers, journalists, and external counsel. I witnessed how stories are vetted for broadcast and publication, and attended live radio and television tapings. All these experiences provided me with a strong understanding of how a legal department operates within a large organization and facilitates its many activities.

I expected to come away from this experience with more practical legal knowledge (as well as the ability to correctly spell Stroumboulopoulos and Ghomeshi). Even more than that though, I gained an understanding of the importance that non-legal considerations have on legal practice. I saw first-hand that legal research isn’t useful unless it can be conveyed to non-lawyers who are making decisions on a daily basis. Furthermore, I learned that legal advice isn’t helpful unless it takes into account practical realities, business and public relations considerations, and the ethical, journalistic and community standards relevant to the situation at hand. Lastly, I realized that the law can act as a tool to facilitate the kind of risk-taking that is celebrated in journalism and in the arts, not merely to discourage it.

The opportunity to understand these concepts and observe the ways in which they are carried out on a daily basis was an invaluable experience that I couldn’t have received in the classroom. The ability to gain those insights in the context of an organization that defines as much as it reflects our country, surrounded by individuals with an obvious passion for what they do was so much more than I could have asked for. The occasional run in with David Suzuki or Ron McLean didn’t hurt either. My semester at the CBC has been an inspiring and exciting highlight of my time at Osgoode.

Quinn Harris 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.

The post IP Intensive Progam: The Canadian Broadcasting Experience - Ten Weeks at the CBC appeared first on IPOsgoode.