The Art of Selling Chocolate: Remarks on Copyright's Domain
On July 27, 2007, the Supreme Court of Canada released a significant decision dealing with copyright and parallel imports, Euro-Excellence Inc. v. Kraft Canada Inc. [Euro-Excellence]. This paper frames Euro-Excellence in light of (a) the evolving roles in Supreme Court of Canada copyright jurisprudence of the concepts of "balance," "reproduction," and "user rights" in the copyright system, and (b) the distinctions between copyright, patent and trade-mark as autonomous yet related legal regimes. More specifically, the paper analyzes Bastarache J.'s judgment in Euro-Excellence in order to tease out the ways in which the concept of copyright's own specific domain - as distinct from that of other modes of intellectual property protection - interacts with that of copyright's purpose, and to speculate about the implications that this interaction holds for our understanding of copyright subject-matter and copyright infringement. The upshot of the discussion is a distinction between "patterns of ink" and "works of authorship" affirming and developing the familiar proposition - contained in the defense of independent creation and the defense of fair dealing - that the mere physical identity of patterns of ink in the plaintiff's and the defendant's respective works need not give rise to copyright liability. Physical identities are not by that token alone infringing copies.
The Right of Exclusive Access: Misusing Copyright to Expand the Patent Monopoly
Copyright legislation has been amended in many countries to provide legal protection to access- and use-controlling technology. Canada is considering similar provisions in Bill C-60. This article examines the policy issues that arise when copyright law, in conjunction with anticircumvention technology, is invoked to provide concurrent protection for a patented or patentable device. It discusses the philosophical justification for IP rights protection, including the notion of balancing owner and user interests, and the importance of respecting the different balances on which each intellectual property right lies. The article argues that technology, with its legal protection, can be used to expand the patent monopoly, or even supplant it, effectively eliminating the concept of intellectual property rights' balance. The article identifies and analyses the effects of access- and use-controlling technology on the patent monopoly and, drawing on the experience of other jurisdictions with similar provisions, offers two suggestions to mitigate the risk that the inclusion of anticircumvention provisions in the Copyright Act can be misused to expand the patent monopoly. One recommendation is to change the proposed provisions in Bill C-60 to connect the circumvention of DRM technology with actual copyright infringement and to narrow down the definition of access-controlling technology. The second suggestion is to introduce into Canadian copyright law a statutory cause of action, or defence, similar to the American equitable defence of copyright misuse, which could be invoked to address the improper use of any copyright rights.
Computer-Aided System of Virtual Testing of Gas Turbine Engines
The article describes the concept of a virtual lab that includes subsystem of gas turbine engine simulation, subsystem of experiment planning, subsystem of measurement errors simulation, subsystem of simulator identification and others. The basis for virtual lab development is the computer-aided system of thermogasdynamic research and analysis “ASTRA”. The features of gas turbine engine transient modes simulator are described. The principal difference between the simulators of transient and stationary modes of gas turbine engines is that the energy balance of the compressor and turbine becomes not applicable. The computer-aided system of virtual gas turbine engine testing was created using the developed transient modes simulator. This system solves the tasks of operational (throttling, speed, climatic, altitude) characteristics calculation, analysis of transient dynamics and selection of optimal control laws. Besides, the system of virtual gas turbine engine testing is a clear demonstration of gas turbine engine working process and the regularities of engine elements collaboration. The interface of the system of virtual gas turbine engine testing is described in the article and some screenshots of the interface elements are provided. The developed system of virtual gas turbine engine testing provides means for reducing the laboriousness of gas turbine engines testing. Besides, the implementation of this system in the learning process allows the diversification of lab works and therefore improve the quality of training.