Past Projects

Abuse of Right of Intellectual Property in Canadian Law, 2007 – 2011

Project Information

This research project will explore the doctrine of abuse of right as it applies to intellectual property law. This project offers researchers at the CIPP a unique opportunity to combine the study of both civil law and common law principles in order to better understand the existing expansion of intellectual property rights in today’s society. The project investigates the nature and flexibility of “statutory” or specifically designed rights in situations where applying the legislative text would result in the forfeiting of copyright or patent law. The project hypothesizes and will explore whether the abuse of right doctrine could serve as a justification for judiciary interventionism in situations where judicial deference usually prevents the finding of a cogent and socially sound solution.

 

Project Output

 

L’Abus De Droit: L’Anténorme – Partie 1 (Abuse of Right: The Antenorm – Part I)

L’Abus De Droit: L’Anténorme – Partie II (Abuse of Right: The Antenorm – Part II)

 

Project Members

  • Pierre-Emmanuel Moyse, Principal Investigator

 

Project Funding

This project is funded by the Fonds de Recherche sur la société et la culture.

International Expert Group on Biotechnology, Innovation and Intellectual Property, 2003-2008

Project Information

The International Expert Group on Biotechnology, Innovation and Intellectual Property is a research group of international, transdisciplinary researchers organized through the Centre for Intellectual Property Policy. International Expert Group researchers from law, management, economics, ethics, philosophy, political science and the life and medical sciences are engaged in a comprehensive effort to expand our understanding of intellectual property protection for biotechnology.

The International Expert Group seeks to help policymakers around the world determine how best to calibrate intellectual property systems to achieve desired policy goals in biotechnology to benefit society. Specific objectives include: enhancing policymakers’ understanding of how laws, practices and institutions actually function; and developing creative strategies for designing and using better and more effective intellectual property systems.

The International Expert Group uses a rigorous empirically-based research process to address the central challenge of intellectual property systems: the need to balance conflicting interests to ensure a dynamic cultural, scientific and economic environment. International Expert Group researchers identify how laws, practices and institutions actually work to create or block the creation of new knowledge and they are building a map of how laws, practices and institutions work together. In addition, the International Expert Group is collecting empirical data to interpret this map. At the end of this process, International Expert Group will build a framework for understanding how IP systems work in the real world, based on real data. This kind research is innovative, unique and necessary.

The International Expert Group on Biotechnology, Innovation and Intellectual Property is releasing its findings on September 9, 2008. One of the principal conclusions of the International Expert Group was the need to create an honest, independent broker to provide training, advice and mediation in the area of intellectual property. This has led to the creation of The Innovation Partnership (TIP), a non-profit consulting firm based in Montreal but with experts from around the world, to meet this need. The findings will be disseminated through TIP.

 

Project Output

To access findings of the International Expert Group, click here.

 

Project Members

 

Project Funding

The International Expert Group is funded by the Social Sciences and Humanities Research Council for Canada to carry out the project titled Legal Models of Biotechnological Intellectual Property Protection: A Transdisciplinary Approach. It is also funded by the Canadian Institutes of Health Research to conduct a sub-project entitled Intellectual Property Governance and Non-State Actors: the Case of Bill C-9.

The preliminary project titled Reconciling Growth with Ethics: Models of Intellectual Property Protection for Biotechnological Innovation was also funded by the Canadian Institutes of Health Research.

 

Russian Civil Law Reform Project, 2001-2007

Project Information

The Russian Civil Law Reform Project provided expert legal advisory support to the Russian civil law reform process and promoted the effective implementation of recent civil law reforms. The Russian project partner was the Research Centre for Private Law of the Office of the President of the Russian Federation (RCPL).

This project followed upon the Russian Civil Code Reform Project (which took place from September 1996 to March 2001). While both projects were broadly similar in their goals, partners and activities, the earlier project focused more on legislative drafting while the latter focused more on the implementation of recent reforms.

The Russian presidential administration has stated that civil law reform advisory assistance provided by Canada through McGill since 1996 has been the most effective of all international consultations undertaken with RCPL in this period. Canada has been credited both for strengthening Russian legislation and for helping to accelerate the Russian reform process.

The main development goals of the project were to assist Russia’s transition to a market-based economy by contributing Canadian expertise to the development of the legal framework for private commercial relations, and to strengthen capacity within Russia to promote the sustained success of legislative reforms.

 

Project Output

Publications and reports produced as part of this research project are located in the Publications section of the website.

 

Project Members

  • David Lametti, CIPP, McGill University, Principal Investigator
  • Wen Adams, CIPP, McGill University
  • Tina Piper, CIPP, McGill University

 

Project Funding

This project is funded by the Canadian International Development Agency.

 

Inventors as Investigators: An Empirical Study of Patent Holding and Ethics in Human Gene Transfer Research, 2006-2007

Project Information

This project is a co-operative initiative between the Department of Biomedical Ethics and the CIPP at McGill University. The project investigates whether medical researchers fully reveal conflicts of interest arising from their ownership of patents when they seek approval to conduct clinical studies.

 

Project Output

Publications and reports produced as part of this research project are located in the Publications section of the website.

 

Project Members

  • Dr. Jonathan Kimmelman, McGill University, Principal Investigator
  • Karen Lynne Durell, McGill University
  • E. Richard Gold, McGill University
  • Dr. J. Nalbantoglu, McGill University

 

Project Funding

This project is funded by the Canadian Institutes of Health Research.

 

Impacts of Private Sector Representations of Genomics on Media Coverage, Public Perceptions and Health Policy, 2006

Project Information

This project is a collaborative initiative between the Health Law Institute at the University of Alberta and the CIPP at McGill University. The project explores the way in which genetic risk is communicated to the public by the private sector. A variety of methodologies will be used ranging from interviews, to the analysis of biotechnology sector advertising, press coverage, public statements and policy documents, to newer methodologies such as knowledge domain visualization.

 

Project Output

Publications and reports produced as part of this research project are located in the Publications section of the website.

 

Project Members

  • Tania Bubela, University of Alberta, Principal Investigator
  • Jennifer Argo, University of Alberta
  • Tina Piper, McGill University

 

Project Funding

This project is funded by the Canadian Institutes of Health Research.

This content has been updated on April 3, 2016 at 22:50.