The Canadian Intellectual Property Review (CIPR) is a double-blind peer reviewed journal. It is sent to over 1,800 IPIC members at no cost and can be purchased by non-members for a fee. If you would like to browse the articles included in the CIPR, please consult our database below.
Any author, member or non-member can submit an article for consideration in the CIPR. The CIPR Editorial Board welcomes both short pieces (2,000 to 5,000 words) that may be included in the Notes section of the issue or longer, more in-depth articles. The maximum length of articles, including references, is 20,000 words. Articles may be submitted in French or English. Each article should be accompanied by a 150-word abstract.
All submissions undergo a double-blind review process: the reviewers are not given the authors' identities and the identities of the reviewers are shielded from the authors. Additionally, articles submitted must be original and must not have been previously published elsewhere.
If you would like to submit an article for an upcoming issue of the CIPR please contact admin@ipic.ca.
Canadian Intellectual Property Review
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What Qualifies as Joint Authorship of Software?
Issue: Volume 32
Author(s): Richard Stobbe
Abstract:
Disputes can arise as to authorship of software where more than one author is alleged to have made contributions. This article reviews how Canadian courts will treat the concept of “joint authorship” of software by looking at Canadian, American, and UK decisions. This issue is important because the determination of authorship will have an effect on a range of issues, including copyright ownership, infringement, and licence rights. Various common scenarios are reviewed, including the contribution of ideas and suggestions, contributions through software testing, contribution of original content, the role of interviews, the importance of software coding, and the postpublication conduct of the parties. The law appears settled that authorship of software must involve the original expression of ideas by actually writing or authoring computer code, through the application of skill and judgment of the author. For the purposes of joint authorship, the role of intent under Canadian copyright law is yet to be finally settled.
The User-Generated Content Exception: Moving Away from a Non-Commercial Requirement
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What Qualifies as Joint Authorship of Software?
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Le 50e anniversaire du régime allemand de copie privée : Les difficultés des exceptions rémunérée
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Plant Breeders’ Rights in Canada
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Haunted by the Spirit of the Invention: Recent Examination Guidelines from the Canadian Intellectual Property Office for Medical Diagnostics Channel the Spectre of Contribution Analysis
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Utility: Unravelling the Real Differences with Our Closest Trading Partner
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Process for Choosing and Vetting an Expert Witness in Patent Cases
