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Intellectual Property for the 21st Century

Interdisciplinary Approaches

contributions by B. Courtney Doagoo, Mistrale Goudreau, Teresa Scassa, Madelaine Saginur, Bita Amani, Marcus Boon, Carys J. Craig, Louis D'Alton, Jeremy de Beer, Daniel Downes, Greg Hagen, Blayne Haggart, Matthew Herder, Cameron Hutchison, Guillaume Laroche, Michael McNally, Pierre-Emmanuel Moyse, Laura J. Murray, Meera Nair, Chidi Oguamanam, Jonathon Penney, Graham J. Reynolds, Kirsty Robertson, Norman Siebrasse, Andrea Slane, Benoît Séguin, Matthew Stahl, Samuel Trosow, Joao Velloso & Margaret Ann Wilkinson

Publisher
Irwin Law Inc.
Initial publish date
Jan 2014
Category
General, Copyright
  • eBook

    ISBN
    9781552213544
    Publish Date
    Jan 2014
    List Price
    $60.00
  • Paperback / softback

    ISBN
    9781552213537
    Publish Date
    Jan 2014
    List Price
    $60.00

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Description

Over the past two decades, globalization, digitization, and the rise of the Internet have each contributed to a new prominence for intellectual property law in public policy debates around the world. Questions about how intellectual property is controlled, licensed, used, and reused are all part of a growing public discourse that now engages far more than an elite cadre of lawyers. Because intellectual property law now trenches so deeply on issues of economics, culture, health, commerce, creativity, and intellectual freedom, it is no surprise that there is also a burgeoning literature on intellectual property issues that comes, not just from legal academics or lawyers, but from those trained in other disciplines. In the spring of 2012, the Centre for Law, Technology, and Society at the University of Ottawa hosted a workshop that sought to bring together academics from different disciplines interested in intellectual property law in order to stimulate discussion across disciplines, to encourage the development of collaborative efforts, and to produce a body of research that explores intellectual property law issues from explicitly interdisciplinary perspectives. The collection of papers in this book is the product of this workshop.

About the authors

B Courtney Doagoo is a PhD Candidate at the University of Ottawa, Faculty of Law. Her interests in the arts and culture have led her to pursue legal issues at the intersection of intellectual property and creativity, innovation, fashion, commerce, the Internet, the arts, and Traditional Knowledge. She is a regular contributor to IP Osgoode’s IPilogue (iposgoode.ca) and the Centre for Art Law (itsartlaw.com), and is in the process of co-creating an online cultural forum colours on white background (coloursonwhitebackground. com). Since 2012 she has been a Director on the Board of MASC: Multicultural Arts | Schools | Communities (masconline.ca).

 

B. Courtney Doagoo's profile page

Mistrale Goudreau is Full Professor at the Civil Law Section of the University of Ottawa where she has been teaching since 1982. Her areas of teaching include intellectual property, law and technology, and statutory interpretation. In the past, Mistrale Goudreau has acted as the Assistant Dean for clinical and applied teaching and the Vice Dean of the Civil Law Section of the University of Ottawa. She is a member of the executive committee of the editorial board of Les cahiers de propriété intellectuelle. She has published numerous articles on copyright, unfair competition, legislative drafting, and legal theory. She recently authored a book entitled International Encyclopaedia of Laws: Intellectual Property Law in Canada, (Alphen aan den Rijn (Netherlands): Kluwer Law International, 2013).

 

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Teresa Scassa is the Canada Research Chair in Information Law at the University of Ottawa, where she is also a professor at the Faculty of Law. She is a founder and former editor of the Canadian Journal of Law and Technology; author of Canadian Trademark Law (LexisNexis, 2010); co-author of Electronic Commerce and Internet Law in Canada (CCH Canadian Ltd, 2012), which was the winner of the 2013 Walter Owen Book Prize; and co-author of Canadian Intellectual Property Law: Cases, Notes and Materials (Emond Montgomery, 2013). She is also a co-editor of the recently published Intellectual Property for the 21st Century: Interdisciplinary Approaches (Irwin Law, 2014). She is a member of the External Advisory Committee of the Office of the Privacy Commissioner of Canada, and of the Canadian Government Advisory Committee on Open Government. She has written widely in the areas of intellectual property law, law and technology, and privacy.

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Madelaine Saginur is the Executive Director of University of Ottawa’s Centre for Law, Technology, and Society. She is also a member of Canadian Blood Services’ Research Ethics Board. Previously, she practiced intellectual property law, and also worked as a Research Associate at University of Montreal’s Centre de recherche en droit public. She has published in the area of bioethics and health law. She holds a BSc from University of Toronto, as well as BCL & LLB degrees from McGill University.

 

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Bita Amani, BA (York University, with Distinction), LLB (Osgoode), SJD (U of T), is Associate Professor at Queen’s University, Faculty of Law, and teaches courses in intellectual property, information privacy, and feminist legal studies. She is author of two books: State Agency and the Patenting of Life in International Law: Merchants and Missionaries in a Global Society (Aldershott: Ashgate Publishing Company, 2009) and Trademarks and Unfair Competition Law in Canada: Cases and Commentary (Toronto: Carswell, 2011, with Carys Craig). She is Adjunct Professor at Osgoode Hall Law School and has been a Co-Director and Lecturer for the LLM Program in Intellectual Property (with Rosemary Coombe). She was a visiting researcher at the Brocher Foundation (Geneva, Switzerland) and visiting scholar and guest lecturer at the Oxford Intellectual Property Research Centre and at the Centre for International Governance, University Of Leeds School of Law. Dr. Amani has served as government consultant on gene patenting for the Ontario Advisory Committee on Predictive Genetic Technologies and on the E-Laws project for the Ministry of the Attorney General, Office of the Legislative Counsel (Ontario), where she was also briefly a legislative drafter (37th Legislature’s Session, 2001). She is called to the Bar of Ontario.

 

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Marcus Boon is Professor of English Literature at York University. He is the author of The Road of Excess: A History of Writers on Drugs (Harvard University Press, 2002) and In Praise of Copying (Harvard University Press, 2010). He writes about music for The Wire and Boing Boing. He is currently at work on a book entitled The Politics of Vibration. Website: www.marcusboon.com.

 

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Carys J Craig is an Associate Professor at Osgoode Hall Law School, York University, where she has been a member of the full-time faculty since 2002 and director of the Professional LLM Program in Intellectual Property since 2009. A recipient of the Osgoode Hall Legal & Literary Society Excellence in Teaching Award, Dr Craig teaches a variety of JD and graduate courses in the field of intellectual property law. She researches and publishes on domestic, comparative, and international copyright and trademark law and policy, with an emphasis on public interest theory and the public domain. Her award-winning work has been cited with approval by the Supreme Court of Canada. Her recently published monograph, Copyright, Communication, & Culture: Towards a Relational Theory of Copyright law (Northampton, MA: Edward Elgar Press, 2011), critically examines the theoretical foundations of modern copyright law. Dr Craig holds a First Class Honours Bachelor of Laws (LLB Hons) from the University of Edinburgh in Scotland, a Master of Laws (LLM) from Queen’s University in Kingston, Ontario, and a Doctorate in Law (SJD) from the University of Toronto, where she was a graduate fellow of the Centre for Innovation Law and Policy.

 

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A native of Toronto, Ontario, Louis D’Alton’s interest in music began in grade school. He joined Orchestra London Canada as a member of the double bass section in 1983 while at the same time freelancing with other orchestras and small ensembles. He has appeared in numerous concert recordings for the CBC as a member of Orchestra London Canada. Concurrent with his classical performances he has played club and festival dates and recorded with a great many folk and celtic ensembles including the Hot Latke’s Klezmer band and Uisce Beatha (a London-based band of the early 90s.) In 1992 he assumed the role of music librarian for Orchestra London. His work in the music library would subsequently lead him to pursue an MLIS at the former Graduate School of Library and Information Science at Western, from which he graduated in 1996. In 1997 he joined the Don Wright Faculty of Music at the University of Western Ontario as concert manager, where he presently remains overseeing approximately 500 performances each academic year. He received his doctorate in Library and Information Science in June 2012 from the Faculty of Information and Media Studies at Western.

 

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Jeremy de Beer is a law Professor at the University of Ottawa, working on technological innovation, intellectual property, and international trade and development. Many of his refereed publications on intellectual property issues relating to innovation and creativity appear in top-ranked journals recognized across the disciplines of law, business, communications, and political science. He has authored numerous other papers, studies, and commissioned reports, and published four books, including Access to Knowledge in Africa: The Role of Copyright. Professor de Beer teaches multidisciplinary seminars on intellectual property policy, the digital music business, and sustainable international development, and an introduction to the fundamentals of property law. With academic qualifications including a graduate degree in law from the University of Oxford and undergraduate degrees in business and in law from the University of Saskatchewan, he is also a practicing lawyer and an experienced strategy consultant to technology companies, creator groups, law firms, think tanks, governments, and international organizations. After working at MacLeod Dixon LLP and clerking at the Federal Court of Appeal, he was legal counsel to the Copyright Board. He has appeared as counsel before the Federal Court of Appeal and, most recently, in landmark copyright cases before the Supreme Court of Canada.

 

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Daniel Downes is Associate Professor of Information and Communication Studies at the University of New Brunswick at Saint John and Fellow of the Royal Society of Arts. An academic, musician, and broadcaster, Downes has published articles on copyright, the structure of the new media economy, and the role of media in the construction of community and personal identity. His research interests include media literacy (particularly new and social media) and the role of intellectual property in the regulation of cultural industries and popular culture. He is the author of Interactive Realism: the Poetics of Cyberspace (McGill University Press, 2005) and co-editor of Post-Colonial Distances: The Study of Popular Music in Canada and Australia with Bev Diamond and Denis Crowdy (Cambridge Scholars Publishing, 2008).

 

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Greg Hagen is an Associate Professor of Law at the University of Calgary. He earned an LLB at Dalhousie Law School. After being called to the Bar of British Columbia, he practiced in the areas of corporate, securities, intellectual property, and technology law. Later he earned an LLM (concentration in technology law) at the University of Ottawa. He has been a Visiting Professor at Duke University’s Asia America Institute in Transnational Law at the University of Hong Kong and at the Faculty of Law, University of Ghana. His research focuses on technology and intellectual property law, and his areas of interest also include legal and political philosophy, philosophy of science, and science policy. Prior to entering the field of law, Greg Hagen earned his PhD in the philosophy of science at the University of Western Ontario. Greg is presently doing research on ethical and legal issues concerning synthetic biology as a co-investigator in the PhytoMetaSyn project. He is also a co-investigator on Rethinking Processual Law: Towards a Cyberjustice, which will study and create new procedural models utilizing the Cyberjustice Laboratory at the Université de Montréal’s Centre de Recherche en Droit Public.

 

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Blayne Haggart is an Assistant Professor of political science at Brock University in St Catharines, Ontario. A former economist and journalist, Blayne received his PhD in Political Science with a Specialization in Political Economy from Carleton University. His research focuses on regional governance and copyright policy. His forthcoming book, Copyfight: The Global Politics of Digital Copyright Reform, which examines the forces shaping copyright policy in the twenty-first century, is to be published by the University of Toronto Press. He can be found on the web at www.blaynehaggart.com.

 

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Professor Herder teaches primarily in the Faculty of Medicine, across the undergraduate and postgraduate curricula, on a variety of health law topics, including informed consent, patient-physician confidentiality, and regulation of the medical profession. Prior to joining the faculty at Dalhousie, he taught in the areas of bioethics and intellectual property law at Loyola University Chicago’s School of Law. Professor Herder’s research interests cluster around biomedical innovation policy, with particular focus on intellectual property law and practices connected to the commercialization of scientific research. As part of a three-year research project funded by the Canadian Institutes of Health Research, Professor Herder (Principal Investigator) and a team of interdisciplinary researchers are currently collecting empirical evidence about the interrelationships between commercialization laws, policies, and practices, and emerging health researchers. Recent works include an article calling for greater transparency in drug regulation published in the Canadian Medical Association Journal, a paper detailing physician-industry relationships in Open Medicine, and an empirical analysis of patenting by academic researchers in IDEA: The Intellectual Property Law Review.

 

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Dr Cameron Hutchison is an Associate Professor at the Faculty of Law, University of Alberta. His publications and research interests centre around international and Canadian intellectual property law, statutory interpretation, Internet law, and interdisciplinary perspectives on the law of copyright. Professor Hutchison currently teaches the following courses: intellectual property, musicians and the law, statutory interpretation, and conflict of laws.

 

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Guillaume Laroche devotes his research time to music, law, and interdisciplinary topics at the intersection of these two fields. In music, his work emphasizes the analysis and modelling of compositional techniques in post-1950 art and vernacular music, most notably video game soundtracks. In law, he researches intellectual property, language rights, and education law. At the intersection of music and law, his work broadly encompasses how copyright conceives of musical creativity. As a recipient of major scholarships from the Social Sciences and Humanities Research Council of Canada and the Fondation Baxter & Alma Ricard, Guillaume earned a Master of Arts in music from McGill University and a Master of Laws from Osgoode Hall Law School. A public school educator by profession, he remains active as a musician by performing as a pianist and singer, conducting ensembles and composing new works.

 

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Michael McNally is an Assistant Professor at the School of Library and Information Studies within the Faculty of Education at the University of Alberta. His research focuses on intellectual property and its alternatives, with a specific emphasis on how both IP and its alternatives facilitate and impede innovative activity. Other research interests include examining various theories of the information society, radio-spectrum management and competition in the Canadian wireless sector, user-generated content, and the economic and social aspects of innovation. He received his PhD in Library and Information Science from the University of Western Ontario in 2012, and also holds a Masters of Library and Information Science degree from the University of Western Ontario. He is also a Collaborating Network Investigator in the Graphics, Animation and New Media (GRAND) Networks of Centres of Excellence (NCE).

 

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Pierre-Emmanuel Moyse is an Associate Professor at McGill University, Faculty of Law, and the Director of the Centre for Intellectual Property Policy. He is also responsible for the joint MBA-Law program in partnership with the Desautels Faculty of Management. Professor Moyse wrote his doctoral thesis on the law of distribution in copyright law (University of Montréal, published 2007) under the direction of Professor Ysolde Gendreau. In the same year, he successfully argued the case of Euro-Excellence v Kraft Canada before the Supreme Court of Canada. He is the Director of the Innovation and Competition book series published by Les Éditions Thémis, Quelle performance? De l’efficacité sociale à l’entreprise citoyenne (Montréal: Thémis, 2013), and Editorial Director for the JurisClasseur in Intellectual Property published by LexisNexis (2013). A research profile of Pierre-Emmanuel Moyse is available at www.youtube. com/watch?v=hvcwP_u5wxc.

 

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Laura J Murray is Associate Professor of English and Cultural Studies at Queen’s University. She is co-author with Samuel E Trosow of Canadian Copyright: A Citizen’s Guide (Between the Lines, 2007; second edition forthcoming 2013), and, with Tina S Piper and Kirsty M Robertson, of Putting Intellectual Property in its Place: Rights Discourses, Creative Labour, and the Everyday (forthcoming, Oxford, 2013). She has published in Indigenous studies and American literature; current research interests include history of reading, the nature of the newspaper, creative economies, and cultural policy.

 

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Meera Nair completed her PhD at the School of Communication at Simon Fraser University in 2009. Her interest in intellectual property law stems from a BSc in mathematics and ten years’ experience in the area of technology transfer between academia and industry. For the 2012–13 academic year she was an Azrieli International Postdoctoral Fellow at Hebrew University in Jerusalem. A list of her publications can be found at her blog, Fair Duty (fairduty.wordpress.com), together with an eclectic mix of commentary on copyright, creativity, and culture.

 

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Chidi Oguamanam (LLM, PhD) is an Associate Professor in the Faculty of Law, University of Ottawa, (Common Law Section) and he is a faculty member of the Centre for Law, Technology and Society and the Environmental Law Group. Professor Oguamanam’s practice and research interests focus on various legal and policy issue-linkages to intellectual property law. He writes, teaches, and consults in the areas of law and technology (including biotechnologies), agricultural knowledge systems, biodiversity and food security; public health law and policy; indigenous peoples, indigenous knowledge; human rights and the global governance of knowledge in development contexts. His most recent book is Intellectual Property in Global Governance: A Development Question (Routledge, 2012).

 

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Mr Penney has taught at Dalhousie University’s Schulich School of Law since 2012. He is currently a Berkman Fellow at the Berkman Center for Internet & Society at Harvard University, a Research Fellow at the Citizen Lab, Munk School of Global Affairs, University of Toronto, and a doctoral candidate at the Oxford Internet Institute, University of Oxford. In 2011, he was a Google Policy Fellow at the Citizen Lab, where he helped lead the OpenNet Initiative’s new Transparency Project, a research collaboration founded to encourage corporate transparency about government data requests. He was also Project Coordinator for the Privacy Value Networks Project, a large scale, multi-university, multi-million dollar EPSRC (UK) funded project on data privacy, led by the Oxford Internet Institute. A native Nova Scotian and Dalhousie graduate, he previously studied at Columbia Law School as a Fulbright Scholar and at Oxford as a Mackenzie King Scholar, where he was Associate Editor of the Oxford University Commonwealth Law Journal. He previously taught law at Victoria University in Wellington (NZ) and spent time practising civil litigation as a federal lawyer in Toronto. His research concerns constitutional/human rights, intellectual property, and digital media law & policy, particularly censorship, privacy, and information security.

 

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Graham J Reynolds is an Assistant Professor at the University of British Columbia, Faculty of Law. He teaches and researches in the areas of copyright law, intellectual property law, property law, and intellectual property and human rights. Prior to joining the UBC Faculty of Law in 2013, Graham was an Assistant Professor at the Schulich School of Law at Dalhousie University, where he was the Co-Editor in Chief of the Canadian Journal of Law and Technology and a member of Dalhousie University’s Law and Technology Institute. The recipient of an award for excellence in teaching, Graham has completed graduate studies at the University of Oxford, where he studied on a Rhodes Scholarship, and has served as the judicial law clerk to the Honourable Chief Justice Finch of the British Columbia Court of Appeal. Graham is currently completing doctoral studies in law at the University of Oxford. The Social Sciences and Humanities Research Council of Canada and the Pierre Elliott Trudeau Foundation supported his doctoral work, which focuses on the intersection of freedom of expression and copyright in Canada.

 

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Kirsty Robertson is an Associate Professor of Contemporary Art and Museum Studies at Western University, Canada. Her research focuses on activism, visual culture, and changing economies. She has published widely on the topic and is currently finishing her book Tear Gas Epiphanies: New Economies of Protest, Vision, and Culture in Canada. More recently, she has turned her attention to the study of wearable technologies, immersive environments, and the potential overlap(s) between textiles and technologies. She considers these issues within the framework of globalization, activism, and creative economies. Her co-edited volume, Imagining Resistance: Visual Culture, and Activism in Canada, was released in 2011.

 

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Norman Siebrasse is a Professor of Law at the University of New Brunswick. He received his BSc in Engineering Physics and his LLB from Queen’s University, before clerking at the Supreme Court of Canada for the Honourable Madam Justice McLachlin during the 1991–92 term. After receiving an LLM from the University of Chicago, he joined the University of New Brunswick Faculty of Law in 1993. Professor Siebrasse teaches in the areas of intellectual property law, commercial law, and remedies. His research focuses on patent law, and his blog www.SufficientDescription.com comments on recent Canadian patent cases.

 

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Andrea Slane is Associate Professor and Director of the Legal Studies program at the University of Ontario Institute of Technology. Her research interests follow three general themes: privacy rights, online interpersonal wrongdoing, and intellectual property (trademark, copyright, and personality rights). Her published work on intellectual property includes “Guarding a Cultural Icon: Concurrent Intellectual Property Regimes and the Perpetual Protection of Anne of Green Gables in Canada,” which appeared in the McGill Law Journal in 2011. She holds a PhD in Comparative Literature from the University of California, San Diego, and a JD from the University of Toronto Faculty of Law.

 

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Benoît Séguin is a professor of sport management (School of Human Kinetics) at the University of Ottawa. He specializes in sport marketing. His doctoral research examined the issue of ambush marketing and its impact on the Olympic brand. Dr. Séguin’s research on sponsorship, ambush marketing, and Olympic Marketing has been published in a variety of international journals including the International Journal of Sport Management and Marketing, the International Journal of Sport Marketing and Sponsorship, Sport Marketing Quarterly, and Journal of Sport Management. He recently co-authored a book titled Olympic Marketing with Professors Alain Ferrand (France) and Jean-Loup Chappelet (Switzerland). Dr Séguin is a regular speaker at international conferences and workshops. He is a regular supervising Professor at the International Olympic Academy (Olympic marketing and sponsoring), at the Russian International Olympic University (Business of Sport and the Olympics), and with the Executive Masters in Sport Organizations Management (MEMOS), an international program supported by Olympic Solidarity.

 

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Matt Stahl (PhD in Communication, University of California, San Diego, 2006) is Associate Professor of Information and Media Studies at the University of Western Ontario, where he is also a member of the Digital Labour Research Group and participant in that group’s SSHRC-supported research collaboration with Canadian entertainment and media guilds. Stahl’s monograph, Unfree Masters: Recording Artists and the Politics of Work (Duke University Press, 2013) examines the representation and regulation of recording artists’ labour, professionalization, employment contracts, and intellectual property. Other peer-reviewed publications include examinations of the social relations of a San Francisco indie rock scene, film and television representations of musical labour, divisions of creative labour in film and television animation, changes to recording contracts under digitalization of the entertainment industry, contrasting conceptions of creative cultural labour, and cartoon and boy bands.

 

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Samuel Trosow is an Associate Professor at Western University with a joint appointment in the Faculty of Information and Media Studies (FIMS) and the Faculty of Law. Prior to joining the UWO Faculty, he was a law librarian at University of California Berkeley’s Boalt Hall Law School, and his doctorate at UCLA in Library Science focused on information policy issues. Professor Trosow is currently a Principal Network Investigator and Theme Leader in the Graphics, Animation and New Media (GRAND) NCE. He is the co-author of Canadian Copyright: A Citizen’s Guide (with Laura Murray, Between the Lines, 2007), and maintains a blog at samtrosow.wordpress.com. He is currently a member of the Librarians Committee of the Canadian Association of University Teachers (CAUT) and is a frequent speaker on copyright and other information policy issues.

 

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Joao Velloso is a PhD candidate and part-time Professor at the Department of Criminology of the University of Ottawa (Canada). He is specialized in sociolegal studies and conflict resolution in comparative perspectives, combining approaches from Legal Anthropology, Criminology, and Sociology of Law. His research deals with Administrative Law-based forms of punishment and their relationships with Criminal Law. Recent articles include: “Beyond criminocentric dogmatism: Mapping institutional forms of punishment in contemporary societies,” Punishment and Society (2013, 2); and «Au-delà de la criminalisation: L’immigration et les enjeux pour la criminologie », Criminologie (2013, 1).

 

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Currently Professor of Law at Western University, Dr Margaret Ann Wilkinson is qualified as both a lawyer and librarian. After practising law in Toronto and then completing a doctorate focused on personal data protection, she was initially appointed to a unique joint professorship in the Faculties of Law and Information & Media Studies at Western. She has held visiting or adjunct positions at Western’s Richard Ivey School of Business, Dalhousie University, Osgoode Hall Law School, the University of Toronto, and Newcastle University (UK). Funded variously, including through the Law Foundation of Ontario and Social Sciences and Humanities Research Council of Canada, and awarded Faculty Scholar recognition at Western and the Ontario Library Association’s Les Fowlie Intellectual Freedom Award, Professor Wilkinson has taught, spoken, and published widely on copyright, moral rights, patents, confidential information, personal data protection, and privacy, both in the Canadian and international contexts, on pharmaceutical and health regulation, and about professional ethics. Author of Genealogy and the Law in Canada (Dundurn Press, 2010) and a co-author of the new Canadian Intellectual Property: Cases and Materials (Emond Montgomery, 2013), Professor Wilkinson continues to be involved in graduate education in law, business, library & information science, and health information science.

 

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