Marshall Rothstein Archives - IPOsgoode /osgoode/iposgoode/tag/marshall-rothstein/ An Authoritive Leader in IP Fri, 28 May 2021 13:00:00 +0000 en-CA hourly 1 https://wordpress.org/?v=6.9.4 Leading Legal Disruption: Artificial Intelligence and A Toolkit for Lawyers and the Law /osgoode/iposgoode/2021/05/28/leading-legal-disruption-artificial-intelligence-and-a-toolkit-for-lawyers-and-the-law/ Fri, 28 May 2021 13:00:00 +0000 https://www.iposgoode.ca/?p=37471 The post Leading Legal Disruption: Artificial Intelligence and A Toolkit for Lawyers and the Law appeared first on IPOsgoode.

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Pina's AI Book

Photo Credit: Prof Pina D'Agostino

Prof Pina D'Agostino

Prof Giuseppina D’Agostino is the Founder & Director of IP Osgoode, the IP Intensive Program, and the IP Innovation Clinic, the Editor-in-Chief for the IPilogue and the Intellectual Property Journal, and an Associate Professor at Osgoode Hall Law School. She is also very proud of her new book!

I am excited to share that I just published a collection on Artificial Intelligence (AI) and the law, Leading Legal Disruption: Artificial Intelligence and a Toolkit for Lawyers and the Law (Thomson Reuters 2021). Co-edited with Dr. Aviv Gaon and Carole Piovesan, the book provides a provocative analysis on the emerging terrain of AI and how it interrogates various areas of the law. The book, that features a foreword from the Hon. Marshall Rothstein (formerly of the Supreme Court of Canada), is an international collaboration of thought leaders in AI, with contributors from Canada, the USA, Europe and Israel. Issues discussed include intellectual property, privacy, contract law, regulation, governance, ethics, business and more. Importantly, such issues merit a toolkit of practical and international perspectives as they are increasingly complex and ajurisdictional.

In many ways this book is also a reflection of Osgoode’s strengths in AI. My co-editors, Dr. Aviv Gaon, Director at IDC Herzliya of Experiential Programs, is a PhD graduate (class of 2019) publishing several other books on AI and emerging technology, and Carole Piovesan (class of 2009) has co-founded her own firm, INQ Law. I am myself an LL. B graduate from Osgoode (class of 1999), eventually returned as faculty to found and run IP Osgoode and I am currently co-chairing the 91ɫ AI & Society Task Force, among many other initiatives in this space.

I am particularly thankful to the Osgoode JD students who provided helpful research assistance: Elif Babaoglu, Daniel Joseph, Joseph Simile, Rachel Marcus, Christopher Tsuji, and Julianna Felendzer.

I am most grateful for the enthusiastic endorsements by Prof David Vaver (Professor of Intellectual Property Law, Osgoode; Emeritus Professor of Intellectual Property & Information Technology Law, University of Oxford), Prof Jane Ginsburg (Morton L. Janklow Professor of Literary and Artistic Property Law, Columbia University School of Law), Justice Michael Manson (Federal Court of Canada), and Dan Bereskin (Partner, Bereskin & Parr LLP) all which can be read on the back cover.

They say you can’t judge a book by its cover, but I particularly like this one, inspired by an AI and suggestive of our youth, our future ultimately grappling with AI and other emerging technology, that will iterate in every generation.

I look forward to hearing from you on your thoughts on the book (and the cover!). You may order your copyhere.

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Spotlight on the IP Intensive Program /osgoode/iposgoode/2018/12/06/spotlight-on-the-ip-intensive-program/ Thu, 06 Dec 2018 14:45:14 +0000 https://www.iposgoode.ca/?p=2947 IP Osgoode invites all 1L and 2L Osgoode students to join us at Osgoode’s Clinical Education and Intensive Programs General Information Session and Fair on January 16, 2019 from 12:30 pm to 2:00 pm. The information session will kick off in the Moot Court with a brief overview of the application process and an introduction […]

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IP Osgoode invites all 1L and 2L Osgoode students to join us at Osgoode’s Clinical Education and Intensive Programs General Information Session and Fair on January 16, 2019 from 12:30 pm to 2:00 pm.

The information session will kick off in the Moot Court with a brief overview of the application process and an introduction by the Program Directors to the 18 exciting and innovative clinics and intensive programs available for 2019/2020 enrollment. Following the information session, students will have the opportunity to speak to the Program Directors and past students of the programs at the Information Fair in the Helliwell Centre (room 1014). Look for IP Osgoode’s booth at the fair where you can find out more information about the and speak to former IP Intensive students.

If you want to read more about the different placement organizations and the students’ personal experiences in the IP Intensive then please visit IP Osgoode’s website and subscribe to IP Osgoode’s e-newsletter, the IPIGRAM, where reflective blogs written by students who were enrolled in the IP Intensive program this past fall term will be . The reflective blogs not only provide a personal perspective on each student’s experience but also offer an insider’s glimpse of the types of projects and work culture that each student was exposed to at their respective placement organization.

 

About the IP Intensive

The IP Intensive is a unique program offered at Osgoode Hall Law School that gives students practical, experiential education in a workplace setting for an entire term in lieu of being in the classroom.

The program begins with 2 weeks of seminars by prominent experts in the IP community. The seminars cover a wide range of topics, from “Patent Prosecution” to “AI and Big Data”, from “Copyright Reform Collective Administration” to “Internet Policy & IP”. The seminar guest speakers include judges, representatives from the Canadian Intellectual Property Office, ISED and Canadian Heritage, in-house counsel and executive officers from a broad range of industries, practitioners, and academics.

The students then participate in a 10-week placement at an organization. The Program boasts an impressive line up of placements, from government agencies to music and media organizations to hi-tech companies and innovation centres, click for a list of participating placement organizations for the fall 2018 term. Throughout the term the students meet periodically to discuss topics relating to intellectual property law, to share their experiences in the work environment, and to participate in a cross-pollination of ideas. Students also maintain a reflective journal and blog on the IPilogue. After the placement period, the students are back at Osgoode to lead their own seminar presentation before submitting their major research paper.

 

IP Intensive Class of 2018

The 2018 class was treated to a special visit from The Honourable Marshall Rothstein, CC, QC. Justice Rothstein answered questions prepared by the students and held a candid discussion with the students regarding IP practice and judging.

(Back row, L-R) Prof. Pina D’Agostino, Tyson Carter, Dominic Cerilli, Shira Sasson, Hon. Marshall Rothstein, Stephen Cooley, Alessandro Perri, Wael Louis
(Front row, L-R) Prof. David Vaver, Saba Samanian, Alessia Monastero, Gillian Burrell, Cameron McMaster
(Missing) Daniel Rizzi, Roger Angus

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Congratulations to the Hon. Marshall Rothstein on His Appointment as a Companion of the #OrderofCanada! /osgoode/iposgoode/2017/06/30/congratulations-to-the-hon-marshall-rothstein-on-his-appointment-as-a-companion-of-the-orderofcanada/ Fri, 30 Jun 2017 15:43:34 +0000 http://www.iposgoode.ca/?p=30767 Our warmest congratulations to the Honourable Marshall Rothstein, CC, QC, who has been appointed a Companion of the Order of Canada in the honours list issued from Rideau Hall today. The citation is for "his eminent service as a jurist, notably on the Supreme Court of Canada, and for his dedication to legal education." We […]

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Our warmest congratulations to the Honourable Marshall Rothstein, CC, QC, who has been appointed a Companion of the Order of Canada in the honours list issued from Rideau Hall today.

The citation is for "his eminent service as a jurist, notably on the Supreme Court of Canada, and for his dedication to legal education."

We can attest to both.

During his term on the Court, Marshall Rothstein was its leader in intellectual property matters - not to mention the many other fields where he demonstrated his expertise and interest. His retirement in 2015 was marked by the publication of a festschrift last year co-edited by two of his former law clerks Ivo Entchev and Lisa M. Kelly, Judicious Restraint: The Life and Law of Justice Marshall E. Rothstein (Lexis/Nexis). Many leading academics and lawyers wrote of the contributions Marshall Rothstein had made to Canadian law which will continue to dominate it for many years to come.

Marshall Rothstein has had a long connection with legal education since well before he was appointed to the Federal Court. He is a founding member of the IP Osgoode Advisory Board where he continues to offer his guidance and assistance in advancing IP awareness and knowledge in the legal community. He is a regular lecturer for the IP Intensive program and speaker for IP Osgoode's numerous events and Speaks Series. We were particularly delighted when he accepted an appointment as Distinguished Visiting Professor at Osgoode Hall Law School in 2016. His boundless energy and generosity in mentoring our students will continue to inspire the next generation of IP thinkers and practitioners.

Many congratulations from us all at IP Osgoode for an honour well-deserved.

 

David Vaver is a Professor of Intellectual Property Law at Osgoode Hall Law School and an IP Osgoode Advisory Board member.

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The Value of Copyright /osgoode/iposgoode/2016/10/12/the-value-of-copyright/ Wed, 12 Oct 2016 16:38:47 +0000 http://www.iposgoode.ca/?p=29753 My topic is the valuation of copyright. Valuation of any sort of intellectual property is a tricky subject. Somebody invents a better mouse trap and wants to sell the invention. He may get a patent for it. How does he know what to ask for it? An idea for a better mouse trap is not […]

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My topic is the valuation of copyright. Valuation of any sort of intellectual property is a tricky subject. Somebody invents a better mouse trap and wants to sell the invention. He may get a patent for it. How does he know what to ask for it? An idea for a better mouse trap is not like a piece of land or a house. It is often hard enough to value that. We just bought a condo in Vancouver. The prices are insane. I certainly did not think that the condo was worth what I had to pay for it. But that was the market and I paid. But what is an idea worth? Or a book or a song? J.K. Rowling had difficulty finding anybody to buy her first Harry Potter book. The publishers she approached must have thought its value was close to zero. She found one who thought it was worth taking a plunge on, but I bet even that publisher did not know what a runaway hit the book would be. We now know the publishers that turned Ms. Rowling away were a billion or so dollars out, and the successful publisher who took her on was probably not much less out.

These examples show just one of the difficulties in valuing intellectual property. The CBC v. SODRAC [SODRAC] [1] case in the Supreme Court dealt with a much more technical aspect of intellectual property valuation - but that did not make the decision any easier and the differences of opinion in the case any less difficult to justify.

Before we even got to the mechanics of valuation in that case, we had to confirm that there was something to value. Copyright is usually accepted as a property right, and the exclusive rights it gives its owners in section 3(1) of the Copyright Act [the Act] [2] - rights to stop others doing things such as copying or broadcasting - are each treated as property rights in themselves that can be sold or licensed individually. So we had to find out whether one of those rights in section 3(1) was implicated. If it was not, there was nothing to value. It is only when one of those rights the Act grants to an owner is engaged that we get to any question of valuation - how much is it worth?

 

Featured here are the first few paragraphs of the Honourable Mr. Marshall Rothstein's article, "The Value of Copyright". The full article is available in the latest issue of the , volume 28(3), pp. 295-302.

A version of this article was delivered by the Honourable Mr. Marshall Rothstein at Osgoode Hall Law School, Toronto, on February 25, 2016 during his keynote speech for the .

 


[1] Canadian Broadcasting Corp. v. SODRAC 2003 Inc., [2015] S.C.J. No. 57, 392 D.L.R. (4th) 1.

[2] Copyright Act, R.S.C. 1985, c. C-42.

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IP Osgoode Welcomes The Honourable Marshall Rothstein to Osgoode! /osgoode/iposgoode/2016/01/07/ip-osgoode-welcomes-the-honourable-marshall-rothstein-to-osgoode/ Thu, 07 Jan 2016 16:00:35 +0000 http://www.iposgoode.ca/?p=28522 IP Osgoode is very excited to be kicking of the New Year by welcoming The Honourable Marshall Rothstein to Osgoode Hall Law School in his new appointment as a Distinguished Visiting Professor. Mr. Rothstein will be involved in a broad range of academic activities focused on interactions with Osgoode students. He will work closely with […]

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IP Osgoode is very excited to be kicking of the New Year by welcoming The Honourable Marshall Rothstein to Osgoode Hall Law School in his as a Distinguished Visiting Professor.

Mr. Rothstein will be involved in a broad range of academic activities focused on interactions with Osgoode students. He will work closely with IP Osgoode, as well as in areas of Tax and Administrative Law.

Over the years while on the bench, Mr. Rothstein generously dedicated his time to support IP Osgoode and our students. We have been privileged to have his continued guidance as an IP Osgoode Advisory Board member since our inception in 2008. His regular appearances as a guest speaker for our classes and as part of the IP Osgoode Speaks Series are the most attended and entertaining of all our events. In the past IP Intensive seminar classes, Mr. Rothstein spoke to our students and answered their questions regarding the practice of law and his experiences. He will no doubt continue inspiring and illuminating the Osgoode community during our activities and events.

Starting next month, he will be delivering the keynote address in our upcoming symposium, “UNPACK SODRAC: Tech Neutrality, Reproduction Rights and Mandatory Tariffs after CBC v SODRAC (SCC 2015) Symposium.” So mark down February 25, 2016, 12:30 to 5:30 PM, in your calendars. This half day symposium is a joint event between Osgoode Hall Law School and the University of Toronto. It will consist of three panels focused on distinct issues in the case, and will feature a mixture of practitioners (including some of the lawyers directly involved in the Supreme Court litigation, representing the parties or intervenors) and academics whose work directly addresses these issues (including several whose work was cited by the Court). The event will be important not only as a way to digest and debate the decision of the Court, but also as a way to explore potential implications for future copyright cases including the Access Copyright litigation against 91ɫ.

We are deeply honoured to have Mr. Rothstein as a Distinguished Visiting Professor and we look forward to working more closely with him during his exciting tenure at Osgoode.

 

Giuseppina D’Agostino is the Founder and Director of IP Osgoode, the IP Intensive Program, the Innovation Clinic, and an Associate Professor at Osgoode Hall Law School.

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