Sally Yoon is an IPilogue Writer, IP Innovation Clinic Fellow, and a 3L JD Candidate at Osgoode Hall Law School.

Many people have voiced their concerns about the abysmally low rates for ODSP (Ontario Disability Support Program) and OW (Ontario Works). In response, Ontario NDP MPPs have taken it upon themselves to conduct a to better understand the challenges that some of Ontario’s most vulnerable residents face. However, in addition to the low rates, some social assistance applicants and recipients are facing technological hurdles due to or “modernization,” an initiative led by the province to promote employment and independence for those on social assistance. ��

The rationale for change is that our social assistance systems’ processes are “too bureaucratic, too paper-heavy" and “focused on enforcement and technical aspects” rather than on the activities that would actually contribute to independence for those relying on social assistance. To tackle these issues, modernization proposes “more digital and self-serve options” to allow for faster decision making and a more streamlined experience for those applying to or on social assistance. As encouraging as this sounds, digitization of social assistance services has unfortunately left many behind.

Lower income and less likely to own computers

Persons with disabilities tend to have than persons without a disability, often making costs for digital devices or connectivity services burdensome. of 1502 US adults, those with a disability were less likely to own a desktop or laptop computer than those without a disability. “Some people with low incomes have inconsistent access to internet or phone. When there’s an emphasis on digitized services, some folks won’t be able to access the benefits and the services that they are entitled to,” said Sara Ageorlo, a staff lawyer at . Sara mainly assists clients with their social assistance matters and observes the technological challenges they face on a regular basis.��

She exclaimed that some clients also find it challenging to set up their online account on , an online service that allows OSDP and OW recipients to check payments and communicate with their caseworkers. Additionally, the emphasis on applying online negatively affects newcomers, who often face a language barrier and are unaware of a lot of the free services available to assist them. With the push toward digitization, more clients may feel helpless because they believe there is no one to ask questions to or to tell them whether they are submitting the right information.

“We’re talking about people with low income, they’re busy to make ends meet … it should be easier for folks in those positions.”

Encouraging access to alternatives and education

Sara strongly believes that individuals who can’t access digital services should have alternatives, with a particular emphasis on obvious alternatives. Alternative options should not have to be searched for – they should be made obvious, instead of being hidden in separate links or tabs. Moreover, online applications should also avoid discouraging applicants from applying for benefits they may be entitled to – this is the case when applicants see pop-up messages indicating their ineligibility after choosing an option on a drop-down menu. To ensure user friendliness, these digital services should also be developed in consultation with those who will be using them.��Moreover, there must be an emphasis on workshops that will introduce applicants to this new platform and help with the integration process. Government programs that recognize the digital literacy issue within specific communities, such as the , which will invest $17.6 million to promote digital literacy skills among Canadians who face barriers to participating in the digital economy, represent a crucial step towards closing in on the digital divide between those with and without disabilities.

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Emily Chow is an IPilogue Writer and a 1L JD Candidate at Osgoode Hall Law School.

This article is part of a series covering the 5th Annual IP Data & Research Conference, hosted by the Canadian Intellectual Property Office and the Centre for International Governance Innovation.

I attended the The panel broadly discussed how underrepresented groups navigate the IP and innovation space. I left the presentations with a better understanding of what various public service groups are doing to promote diversity, equity and inclusion (“DEI”) initiatives in their practices.

The first speaker was Peigi Wilson, research manager for the . Her presentation was titled “First Nations Data Sovereignty and the Intellectual Property Regime”. FNIGC’s mandate arose from trying to address the data gap caused by from three major national population surveys. Now, the FNIGC asserts data sovereignty and supports the development of information governance and management at the community level through regional and national partnerships.

After a brief overview of First Nations rights and sources, Wilson defined what First Nations Data is and how it is founded on the principles of . I thought it was quite powerful when she said that First Nations Data is “acquired from First Nations, by First Nations.” Some include data from resources and the environment,

With funding from Indigenous Services Canada, FNIGC is currently researching First Nations’ interests respecting orphan works and artists’ resale rights and developing possible solutions regarding opportunities to co-develop new laws or policies. Wilson emphasized that DEI initiatives are more than ensuring that First Nations have a seat at the table; it means that First Nations must have a role in the decision-making process as active participants in IP policy reform and innovation. She stressed the importance of recognizing Canada’s pluralistic foundations beyond the English/French history to include First Nations legal systems. She also called upon attendees to consider how they may shape new processes for consultation, free, prior, and informed consent, and co-development to address the economic inequality inherent in the system.

The next speakers were from the , a pilot non-profit organization whose mandate is to facilitate data-driven, clean-tech innovation amongst Canadian businesses. Lori DeGraw (vice president of partnerships and member engagement) and Julia Culpeper (program manager of education and strategy) jointly presented “Women and IP: Promoting Inclusion in the Innovation Ecosystem”. The IAC helps Canadian small-medium enterprises (“SMEs”) better understand, generate, commercialize, and protect their IP.

IAC presented the results of a on women’s underrepresentation in the Canadian IP ecosystem. Capturing qualitative data from their inaugural , the study re-emphasized the need to build capacity for women in the IP field, and, in doing so, create a framework to replicate with other equity-seeking groups. They are currently working on three programs to increase community and networking, outreach, and policy and advocacy for women.

One program aims to tackle the inequitable gender balance in patent filing by implementing a twice-annual grant for women to fund IP. $50k is available twice a year to IAC member companies led, founded, or owned by women. .

The last presentation was a partnership between the Canadian Intellectual Property Office (“”) and (“StatsCan”) on “The Awareness and Use of Intellectual Property by Underrepresented Groups in Canada: Insights from Survey and Administrative Data”. Speakers Danny Leung (director of Economic Analysis Division at StatsCan) and Eric Rowe (team leader of Service Insights at CIPO) highlighted results from two studies: the and the

The IPAU study found that 9% of female primary decision makers of businesses had IP that they chose not to formally protect, compared to their male counterparts at 5.4%. Another interesting statistic was that women clients were generally less satisfied with CIPO services overall (51%) than male clients (55%).

The two studies found that firms that file for patent applications are disproportionately more often owned by men. They also found that women-owned businesses are less likely to have their applications for funding granted (54.8%) as compared to their male counterparts (56.1%). More promisingly, however, patent applications by women-owned businesses grew by 133% from 2001 to 2015. Women-owned business were more likely to file patent applications in chemical engineering and medical technology than men-owned businesses. Further research on women’s experiences filing patents could be useful in understanding the trends in the data.

Overall, the presentations were a significant reminder that we still have so much more to do to level the playing field for women-owned and First Nations-owned businesses. However, with organizations like the IAC and FNIGC spearheading new programs and tools, one can be cautiously optimistic about the future of innovation in Canada.

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Photo by Alan de la Cruz ()

Tianchu Gao is an IPilogue Writer and a 1L JD Candidate at Osgoode Hall Law School

On December 10, 2021, New Zealand launched the Indigenous Peoples Economic and Trade Cooperation Arrangement (“”). This is an initiative under the Asia-Pacific Economic Cooperation (“APEC”) that aims to unlock the economic potential of Indigenous communities across the Asia-Pacific region. As the New Zealand government pointed out, the Asia-Pacific region contains about 70 percent of the world’s 475 million Indigenous population.

IPETCA strives to raise awareness to the value of Indigenous economies within APEC and increase trade and economic cooperation with Indigenous peoples. was closely involved in the design of IPETCA through the Indigenous Working Group on Trade Policy, a branch under Global Affairs. Minister of International Trade, Export Promotion, Small Business and Economic Development Mary Ng announced Canada’s endorsement of IPETCA on the same day it was launched.

IPETCA looks to stimulate development across a wide range of sectors and areas—including responsible business conduct, entrepreneurial opportunities for small to medium sized businesses, digital trade and e-commerce, and many more. One particular objective set out by IPETCA was protecting and monetizing Indigenous traditional knowledge (“TK").

refers to “knowledge systems, creations, innovations, and cultural expressions which have generally been transmitted from generation to generation,” pertaining to a particular people or territory. Examples include arts and culture, land management, food and medicine, and more. Indigenous traditional knowledge contains great economic potential. According to a report published by in 2019, traditional knowledge has great economic potential if sufficient legislative protection is realized. In Canada, by the Canadian Council for Aboriginal Business (“CCAB”) shows that traditional knowledge is widely used by Indigenous businesses. In fact, approximately one in five Indigenous businesses hold intellectual property. CCAB suggests that a better understanding of IP among Indigenous peoples may protect traditional knowledge and boost their economy.

So far, existing Canadian legislation that could be leveraged to protect Indigenous knowledge and cultural expressions include the��Patent Act, the��Copyright Act,���ٳ����Trademarks Act,���ٳ����Industrial Design Act,��and the��Plant Breeders' Rights Act. The larger challenge lies in the different understandings of knowledge and innovative creation between Indigenous peoples and the Canadian legal system. Western conceptions of IP law are largely based on protecting the rights of individual creators. This cannot be easily adapted to protect collectively-owned TK and thus has created many in effectively protecting Indigenous knowledge and cultural expressions.

To ameliorate the situation, Canada’s Minister of Innovation, Science and Economic Development, in spring 2018, announced the . This included aiming at reforming Canada's IP system to be more inclusive and reflective of the needs and interests of Indigenous peoples. The program also grants support for IP awareness-raising and capacity-building among Indigenous communities. APEC was aware of these structural challenges in finding for IP policy. The for IPETCA highlights the importance of exploring and exchanging “mechanisms to promote Indigenous arts and traditional cultural expressions.” Hopefully, more fundamental reforms are soon to come to reconciliate the gaps and barriers in Canada’s IP system.

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Photo by Zdeněk Macháček ()

Meena Alnajar is an IPilogue Writer, IP Innovation Clinic Fellow, and a 2L JD Candidate at Osgoode Hall Law School.

On Wednesday, March 9, I attended the “Breaking the Bias in IP: Reflections from Women in Leadership” held by ChIPs’ Toronto chapter. is a global not-for-profit organization dedicated to showcasing women in leadership positions in intellectual property and technology careers. ChIPs’ is to advance and connect women in technology, law, and policy. They aim to through diversity of thought, participation, and engagement. The organization currently has over members in Canada, the United States, and Europe. ; still, it is important to understand the lived experiences of women-identifying professionals in this area of law in order to bring about change and awareness to this issue.

This event was structured as a question-and-answer panel, with some questions from the hosts and some from the 90+ audience participants on Zoom. The panelists were three women in the intellectual property and technology fields: Sheema Khan, a patent agent currently working at Kinaxis and previously at Stratford Managers Corporation; Judith Robinson, a senior consultant with Fineberg Ramamoorthy LLP focusing on patent litigation; and Alexandria Daoud, a patent agent and vice president of intellectual property and regulatory affairs at Anyon Systems Inc. The event was opened and closed by Daphne Lainson, a partner and chair of Smart & Biggar LLP, and moderated by Beverley Moore, the national leader of BLG’s intellectual property litigation group. It was inspiring to see women from diverse career paths, as not all started as IP professionals or were even sure of entering the IP space.

The Pool Problem

A common concern regarding diversity in many career fields is ‘the pool problem’. Companies put forth that they have a limited number of qualified applicants who are diverse and this drives to disparities in the workplace, as opposed to peoples’ internal biases. The pool problem has especially grown in intellectual property and technology law, with one study reporting that of patent attorneys and agents are women. The pool problem starts early, with less women than men enrolling in science, technology, engineering, or mathematics () programs for their bachelor’s degrees. While the pool problem persists, the panelists shared experiences and advice that demonstrate that the pool problem does not have to allow gender disparities to persist in the IP space.

Supporting Women in IP

Each panelist provided not only words of encouragement for women in IP, but also words of action and change. The participants were encouraged to look beyond the statistics and actually ask about women in the workplace. They suggested participants observe who is the project leader, who clients are asking for, and recommend women for these spaces where they are not considered. For instance, where a project consists of an all-men team, despite there being qualified women for the job, one can ask why women were not considered or excluded and encourage that change if possible. Similarly, they can let clients know that there are qualified women to take on their files. There are existing initiatives that encourage firms to create reference sheets for clients consisting of leading women lawyers in certain sectors, like the program.

Implementable Changes

Allyship and authenticity were two recurring themes for change at this event. Allyship should manifest in both mentorship programs, but also through colleague support such as having men in the office join committees that ensure women’s fair treatment in IP workspaces. The workplace should also welcome authenticity, in the sense that it should acknowledge women’s roles beyond billable hours, including their contribution to fostering committees within the workplace. These elements can help create positive work environments that encourage more women to follow IP careers.

Organizations like ChIPs demonstrate that women in IP can be leaders and successful, all while being themselves. Events such as Breaking the Bias are safe spaces to have these difficult, but real conversations about IP’s gender disparity, and attendees can learn implementable changes that can ameliorate this disparity in the future.

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Photo by Johan Mouchet ()

Pankhuri Malik is an IPilogue Writer and an LLM candidate at Osgoode Hall School of Law.

The Australian Indigenous community just scored a major win for their cause to . It was undoubtedly an ambitious attempt and one that I personally did not expect the government to support. Taking many of us by surprise, the Australian government took a giant step towards reinstating the pride and honour at the core of Indigenous sentimentality by freeing the Indigenous flag and making it available to everyone to use.

Copyright in Indigenous Works

In the fight for land, representation, and independence, intellectual property disputes concerning Indigenous peoples are often overshadowed. One such dispute had been afoot in Australia for five years. Mr. Harold Thomas, the artist and copyright holder of the Australian Indigenous Flag (“the Flag”) is an Elder of the Indigenous community. He the Flag in 1971 as a symbol of Indigenous resilience and representation. This flag has been the subject of much controversy lately. A quick timeline of the dispute is here:

��

Crown Copyright in Other Jurisdictions

Provisions for copyright ownership by the Crown are a consistent feature of copyright laws in commonwealth countries. of Australia’s Copyright Act, 1968 provides for Crown copyright for works created under the “direction or control” of the Crown. Much like section 12 of Canada’s ,�� this provision was also adopted from the .

These provisions have been used to retain Crown ownership over literary, artistic, or otherwise creative expressions. In Canada, the Supreme Court interpreted section 12 in , Inc. to maintain Crown copyright in works that have been created under the direction or control of the Crown and are “government works”. That is, these are works that serve a public purpose and vesting the copyright with the government furthers this public purpose. Similarly, in the UK[1], it was held that designs for coinage prepared by the company Ironside under an order by the Royal Mint were prepared under the direction or control of the Crown. The copyright, therefore, vests with the Crown.

Crown’s Acquisition of Copyright in Australia

The “Free the Flag” movement in Australia gained momentum by 2020. Since the Flag was created in 1971 by Mr. Harold Thomas completely devoid of governmental interference, section 176 of the Copyright Act was unhelpful. Alternatively, the government considered exercising its powers under section 51(xxxi) ��of the Constitution to compulsorily acquire copyright in the Flag from Mr. Thomas. Under section 51, within its peace, order and good government powers, the Australian Constitution empowers the Crown to acquire any property with respect to which it has the power to make laws. Since copyright law-making power lies with the Crown under section 51(xviii), the government would have been within its constitutional authority to green light such an acquisition. However, given the tumultuous history of governmental relationships with the Indigenous community, such an acquisition may have been and drastic.

Finally, on January 25, the Australian government entered into an agreement with Mr. Thomas whereby it purchased rights in the Flag, paid off the licensees, and set up an annual scholarship for Indigenous students for a whopping $20 million AUD. This transaction “freed” the Flag from private control, making it available for both commercial and non-commercial use.

Interestingly, this is not the the Australian government has purchased copyright in an Indigenous work after the fact. In 1967, the Governor and the Reserve Bank paid $1000 AUD to Mr. David Malangi for using his original artwork on the Australian dollar bill circulated in 1966.

Looking Ahead

Australia’s approach to this copyright dispute may not have been unprecedented, but it is definitely distinct. Actively choosing to spend tax dollars on purchasing rights that could have been potentially acquired under the Constitution speaks not only to the sentiment of reconciliation but also honours the 50-year-long history that accompanies the Flag and everything it stands for.

Coming at the heels of Australia Day, about the possible dual intent behind this purchase. It will be interesting to see how the Flag is adopted by the government and if any steps are taken to ensure that the value of its sentiment does not diminish through non-Indigenous use.

[1] Ironside v Attorney General 1988 [RPC] 197

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Tetyana Yablonska, (1967)

Claire Wortsman is an IPilogue Senior Editor and a 2L JD Candidate at Osgoode Hall Law School.

On International Women’s Day in Odessa, Ukraine, soldiers friends and family flowers despite the fear of an imminent Russian attack. Soldier Dmitriy pink and yellow tulips for female soldiers, while flower vendor Alena tied a bouquet of blue and yellow tulips in honour of the Ukrainian colours. Flowers hold a special place in Ukrainian cultural heritage, which now faces of destruction.

On March 1, invading Russian forces shelled (Babyn Yar)—a Nazi killing ground where thousands of Jews, Romani people, psychiatric patients, and war prisoners were massacred. The shelling killed at five people, and injured another five. While the Babyn Yar Holocaust Memorial Center was not directly , the center had plans to expand to a nearby building that suffered damage in the bombing.

In the wake of destruction and killing at the symbolic site, President Zelenskyy , “[the Russian invaders] all have orders to erase our history, erase our country, erase us all.” It is important to understand and Ukrainian history and culture more than ever. Every day, especially during , it is also essential to understand and celebrate women’s contributions to the foundations of history and culture.

Flowers and Female Ukrainian Artists

The United Nations Educational, Scientific and Cultural Organization (UNESCO) has recognized the decorative painting as a valuable part of humanity’s intangible cultural heritage. Petrykivka is named for Petrykivka village, where the Ukrainian Zaporizhian Cossack practice of decorating living quarters and belongings with fantastic flowers and natural elements was preserved despite the brutal Soviet regime. A local non-governmental organization, Agency for Regional Development of Dnipropetrovsk Region, the Petrykivka trademark.

Believed to protect the wearer from sorrow and evil, flower ornaments in the Petrykivka style were applied by women . Tetiana Pata, Nadia Bilokin, Paraska Pavlenko, Iryna Pylypenko, and Pelaheia Hlushchenko are known as the of the transformative period of Petrykivka art where local artists integrated the style to their traditional mediums following its re-discovery. The many talented Ukrainian female artists that have emerged throughout history have carved out their unique styles. Still, many have integrated uniquely Ukrainian elements of Petrykivka into their work, whether in the form of vibrant flora or fantastical fauna.

Petrykivka can transform everyday objects into art. During summers spent with her great-grandmother in Poltava, a Ukrainian village north of Petrykivka, Victoria dishes, vases, and kettles adorned with clusters of red guelder rose berries and orange flowers. Like Petrykivka artists, Odessa-born does not restrict herself to canvass. She is known for her wall paintings and has also created reminiscent of Petrykivka—accessories like handbags and wallets adorned with lively flora. Energetic florals are also alive in , whose work also features the poignant .

, an original member of —the first artist-run, not-for-profit gallery dedicated to women and non-binary artists in the USA—is another Ukrainian artist whose work features flowers. Dorosh fabric and textile work, a traditionally female craft, to explore complex topics such as the slippage of play between childhood and adulthood. Textile work was an important feature of art.�� For example, is a fabric sample where overlapping oblong shapes of varying blues, greens, and yellows resemble a collection of flower petals.

A discussion of flowers and female Ukrainian artists would be incomplete without , the self-taught painter of floral scenes who made Picasso , “if we had an artist of this level of skill, we would make the whole world talk about her.” Bilokur’s Happiness, Storks brought the baby (1950) features sunflowers. As Ukraine’s national flower, the has quickly become a symbol of resistance. Sunflowers have inspired Ukrainian artists from to to , each in their unique way.

The magical and bright flora featured in Ukrainian female artists’ work throughout history provides a stark contrast to the images coming out of Ukraine in recent weeks. As Ukraine’s humanitarian crisis continues during Women’s History Month, the comments of European Parliament President Roberta Metsola remain on my mind. He the “incredibly brave women of Ukraine who are fighting, forced to shelter their loved ones in bunkers, giving birth in metro stations and leading on the frontline.” On my mind, too, are the Ukrainian women who have built up the intangible cultural heritage of humanity and their images of strength, hope, and peace.

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"Khvylya" by Olha Pilyuhina ()

Every year, March 8 is recognized as International Women’s Day. �첥��Ƶ President & Vice-Chancellor Rhonda Lenton and Vice President, Equity, People & Culture Sheila Cote-Meek beautifully addressed this year’s theme of #BreakTheBias in their earlier this week. This year, before we look back at some of our noteworthy pieces highlighting the accomplishments and continued struggles of women artists and innovators, and in light of the ongoing atrocities in Ukraine, we wish to briefly acknowledge the historic struggles of Ukrainian women artists.

In Ukraine, as in many other places, . This lack of recognition stems from many sources: women encouraged to focus on marrying rich instead of studying art, gender prejudices in early art schools, and women’s contributions overlooked when collaborating with male counterparts, to name a few. Today’s landscape has evolved a fair bit, as many previously ignored talents are moving into the light.��For more information about this history, read .��

Some great artists whose work you can browse online are ,��,��, and , whose painting is featured above.

Further IPilogue Reading for International Women’s Day

Since last March, the IPilogue featured plenty of articles showcasing achievements by prominent women, noteworthy IP lawsuits involving women and barriers that women artists and entrepreneurs continue to face. Browse our selection below:

• by Prof. David Vaver (7 March 2022)
• by Claire Wortsman (4 March 2022)
• by Emily Chow (1 March 2022)
• by Meena Alnajar (15 February 2022)
• by Shawn Dhue (29 November 2021)
• by Meena Alnajar (25 November 2021)
• by Tianchu Gao (5 November 2021)
• by Emily Chow (18 October 2021)
• by Natalie Bravo (13 October 2021)
• by Emily Prieur (8 October 2021)
• by Shawn Dhue (28 July 2021)
• by Meena Alnajar (26 July 2021)
• by Eloise Somera & Alessia Monastero (16 July 2021)
• by Sabrina Macklai (12 July 2021)
• by Ashley Moniz (30 June 2021)
• by Prof. Pina D’Agostino (28 May 2021)
• by Meena Alnajar (27 May 2021)
• by Meena Alnajar (21 May 2021)
• by Jenna Gulizia (3 May 2021)
• by IP Osgoode (28 April 2021)

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Photo by Pixabay ()

Meena Alnajar is an��IPilogue��Writer, IP Innovation Clinic Fellow,��and a 2L JD Candidate at��Osgoode��Hall Law School

On October 12, 2021, the World Intellectual Property Organization (WIPO) held its of the series “Closing the Gender Gap in IP,” titled “Looking at Good Practices.” This part of the series looks to the existing policy changes that, according to the session’s moderator Aurora Diaz-Rato Revuelta, a UN ambassador for Spain, will “trace the path to be followed.” WIPO had a commendably diverse group of panelists. Four speakers from Mexico, Oman, Uganda, and the UK provided their insights and initiatives to close the gender gap in IP.

The first speaker, Anel Valencia Carmona, is the Deputy Director General for Support Services for IMPI, the Mexican Institute of Industrial Property. This organization aims to increase women’s role in innovation and entrepreneurship. Interestingly, when her group attempted to assess the gender gap using patent data, they initially found no way to identify if a man or a woman wrote a patent. The group thus implemented a gender-identifying number which patentees can add to their application if they choose to participate in gathering data on women in IP. Prior to the gender identifier, any applicant without a gender-specific name was considered a man. The that from 2014-2018, men filed 62.5% of patent applications, 31.4% of applications involved both genders or were gender neutral, and women filed 6.2%. The project had two main goals: enhancing women’s visibility in the IP space and providing women the information to help them innovate. The team put on weekly podcasts to spotlight women inventors and held sessions with outside experts to help women with IP processes. In creating network opportunities for women in IP, the hope is that entrepreneurial women will be emerged in IP for years to come.

The second speaker, Thuraya Saud Al-Alawi, is the head of the intellectual property section and innovation and technology transfer center at Sultan Qaboos University in Oman. Ms. Al-Alawi also spoke to the barriers in Oman as women are still in IP in the country. IP was initially not accessible in Oman. The IP office, located in the country’s capital Muscat, required paper applications. The distance to the IP office and the physical requirements only further discouraged people from filing. However, Oman has recently implemented an electronic patent system set to fees by up to 90%. The University has also collaborated with WIPO to set up efforts to incubate women’s ideas and help explain IP policy by setting up a ‘summer school’ program. The hope is to enhance women’s IP knowledge and accessibility to registration to close the gender gap.

The third speaker, Ms. Mubiru Lilian Nantume, is the Founder of Grooming a Successful Woman with Intellectual Mind , a Ugandan NGO to empower women in the community to create a business and utilize IP to commercialize their products. The perception of women’s roles in remote communities is belonging ‘in the kitchen.’ This mindset is a significant barrier to women’s participation in innovation. GSWIM works with women in the community, finding out their interests and passions, then giving them a small amount of capital to help them grow their business ideas. GSWIM equips women with knowledge regarding product development, branding, and IP. The organization further empowers women with business sense by giving them capital and hosting product expos for them to display their work. This grassroots initiative demonstrates how we can collaborate to help all women participate in IP, including those living in remote and metropolitan communities.��

The final speaker, Andrea Brewster, is the lead executive officer of , a volunteer group of UK-based IP professionals. Ms. Brewster emphasizes that inclusivity is crucial, as it will “facilitate and sustain diversity.” Hence, it is essential to have professionals that are willing to grow their networks and practices to involve women. IP Inclusive has several members and hosts joint events across communities. They have a for business leaders to commit to championing diversity and inclusion. IP Inclusive wishes to focus less on the symptoms of gender disparity, like the pay gap and societal perceptions and targets the underlying causes such as lack of inclusivity and insufficient allyship in the profession.

The commonalities between the panelists included mentorship, encouragement, and accessibility in their communities as methods for encouraging women in IP. With WIPO continuing the series in 2022, the hope is to improve the statistics and perhaps see these initiatives implemented on a larger scale.

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Photo by Max Bender ()

Olaoluwa Oni is a published author and a graduate research student at Osgoode Hall Law School. Her debut novel, , is��Nigeria’s��first legal drama novel.��

A new movie in the James Bond franchise – – was recently released worldwide. The plot of the new film follows the Bond-movie archetype: the MI6 agent is sent on a crime-fighting mission, working with an attractive woman – a “Bond Girl” – to defeat villains who – and this is the subject of this article – are facially disfigured.��

The phrase is a registered trademark for, among other things, “entertainment services by way of motion picture”. This suggests that all Bond movies are produced under a Trademark license that permits the filmmakers' use of the Bond Mark in their films. The Bond Mark is also registered for a host of other goods and services from laundry detergents to briefcases.

The James Bond movie franchise has now fallen into disfavor with advocates for ending appearance-related discrimination who note that the filmmakers .

In this article, I examine how the filmmakers’ exercise of a cinematic device could impact the economic integrity and viability of the Bond Mark.

The Bond Movies use of the Disfigurement Trope

Following the release of “No Time To Die”, They note that most Bond villains have facial scars/disfigurement that serve no real purpose in the story other than to identify them as villains. The latest Bond film has three villains, all with disfigurements that, critics argue, are not necessary to the film’s narrative.

Michael G. Wilson, one of two producers of the 2021 Bond movie has the film’s decision: “It’s very much a Fleming device that he uses throughout the stories... He had that as part of the characters that he devised.”

It is true that Fleming, the creator of the James Bond character and writer of the James Bond books, upon which the films are based, wrote some of his characters with facial scars. However, it should be noted that Fleming also described Bond as bearing a scar on his cheek. Yet, in all the movies released as adaptations of the book, Bond has been depicted without visible facial scars.�� Why, then, was it necessary to adhere to Fleming’s vision for the villains? ��Disfigurement clearly serves as a marker of villainy in the Bond series.

In light of the backlash that this cinematic device has engendered, we must consider how the filmmakers’ actions as licensees of the Bond Mark threaten the continued existence of the mark and the rights of its co-licensees.

Trademark Licensing and Tarnishment

As a preliminary matter, it is worth mentioning that marks that recall or promote subject matter that are scandalous, obscene, or immoral are considered “” and excluded from Trademark registrability. It is also worth stating that, per , “A scandalous word or design is one which is offensive to the public or individual sense of propriety or morality or is a slur on nationality and is generally regarded as offensive.”

A combined reading of the above provisions suggests that where a word, in the public’s understanding, encourages the villainization of persons living with disability or disfigurement, then such a mark will be considered scandalous and inherently unregistrable. But what happens if the discriminatory connotation is formed after the mark is registered, as with the Bond Mark? This is where the concept of Trademark Tarnishment comes in.

Trademark Tarnishment refers to the use of a mark in a way that harms the reputation/viability of the trademark and the goodwill associated with the mark. While Tarnishment accusations are typically brought against trademark infringers (i.e., unauthorized users), but nothing precludes the doctrine from being extended to licensed users.�� In fact, I would argue that implicit in a license to use a Trademark is the condition that such use will not diminish the value of – that is to say, tarnish – the mark.

The Movies’ and Tarnishment of The Bond Mark

The makers of Bond movies continue to engender real-world harm to persons living with disabilities and disfigurement. Their actions in this regard associate the Bond Mark with discrimination against a vulnerable group, and this association has economic consequences for the mark’s continued viability.

When we consider that trademarks commodify a brand’s goodwill, which allows the brand to trade with its reputation, and that the brand’s value associated rises or diminishes with public perception, we can appreciate the implications of the Tarnishment of the Bond Mark.�� The Bond filmmakers are one of that have paid for the license to associate the reputation of the Bond Mark with their products and services. As such, one licensee’s Tarnishment of the mark has significant business and economic implications for the licensor’s contractual arrangement with its other licensees.

Conclusion

Clearly, the fear of trademark tarnishment does not dissuade the Bond filmmakers from continuing the harm that the Disfigurement-villainy trope causes to vulnerable persons. Perhaps they will be motivated to change artistic directions if the economic implications of their actions are laid bare.

Here, I set the question to them: “Is the Villainous Portrayal of Disfigurement really worth the price of the “James Bond 007” tradema����?”

The post Is the Villainous Portrayal of Disfigurement Really Worth the Price of the “JAMES BOND 007” Trademark? appeared first on IPOsgoode.

Photo by Gayatri Malhotra ()

Emily Chow is an��IPilogue��Writer and a 1L JD Candidate at Osgoode Hall Law School.��

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The (“NIHF”) has released its list of 2022 inductees, which notably includes two Black Female inventors for the . As the NIHF has never inducted Black woman before, I intend to provide some preliminary historical context, an overview of Black women’s contributions to STEM, and to gesture towards contemporary movements which aim to unpack the sociopolitical, economic, cultural, racist, and sexist underpinnings of STEM education and health inequity. ��

A cursory search of previous inductees led to unsurprising results. In 1973, the year of the NIHF’s inception, only was recognized. In 1991, became the first (white) female inductee, three years after she was awarded a Nobel Prize in Medicine alongside her male collaborators ��

Fast forward to the present: the late Patricia Bath and Google VP of Engineering Marian Croak, with over 205 US patents between them, join the ranks of over 600 NIHF inductees.

Patricia Bath’s reveals that she was the first Black woman physician to receive a medical patent, as well as the and the in America. Her invention, , a minimally invasive, low-risk cataract removal procedure, is still used today. Her career and numerous achievements, especially with the development of Community Ophthalmology—in response to that Black populations experienced disproportionately higher rates of visual impairment—collectively demonstrate her whole-hearted commitment to improving access to healthcare for Black, Hispanic, and other marginalized groups in America.��

VP of Engineering at Google and creator-lead of Google’s , Marian Croak is being recognized for her work in —the digital codification of human voices and sound into data that can be transmitted through the internet. Given the ongoing pandemic and shift to remote office work and schooling, we owe much of our adaptive capacity to her hard-earned expertise. In 2012, she penned an open letter titled Dear Young Women in Technology, Welcome From a 30-year Veteran that discussed gender identity in a male-dominated field. She revisited gender stereotypes in a more recent , where she notes how critics doubted the feminized utility of “toy like technology” created by her team at Netscape. Now, she is proud to offer representation to people who can now “see someone that looks like themselves on some dimension.”

According to , NIHF designates and works with inductees with the intent to “infuse their stories, insights, and passion into our STEM education programs”, to ultimately provide “authentic, impactful experiences that help tomorrow’s innovators realize their potential.” As well-intended as this mandate is, its wording suggests that they aim to assimilate and co-opt Black, Indigenous, POC experiences, appropriating the transmission of knowledge and claiming the power to dispense and designate expertise. In effect, this process hinges on the ingenuity of racialized persons without providing the resources necessary to tell their own stories, facilitate their own workshops, and create opportunities to work directly with their own communities.

Furthermore, this mandate frames human potential as purely self-originating, rather than something fostered, supported, and/or uplifted. How then do non-traditional forms of knowledge, such as (especially oral histories and collective knowledge) fit within an individualized, colonial system? What inventions were who, being denied citizenship, were barred from filing their own patents? How can we best develop intersectional approaches to expand access to education and healthcare for racialized groups?

Rather than seeking a singular, normative answer, the following resources offer interested readers some starting points of engagement. Congratulations to all the 2022 inductees.

Further Reading

�첥��Ƶ/Osgoode Hall Law School announces launch of Centre for Indigenous Knowledges and Languages (CIKL):

IPilogue Writer Emily Xiang writes about protecting culture in IP:

IP Osgoode’s IP Innovation Clinic Client intake information page:

The American Bar Association’s overview of “colorblind” patent systems and Black innovation:

Black Health Alliance, a charity working to address healthcare inequities for Black communities in Canada:

DMZ’s Black Innovation programs for entrepreneurs:

Black Innovation Capital, an investment fund that seeks to support Black founders and address barriers for minority communities:

Patent Racism, an episode from NPR’s Planet Money tracing histories of Black innovation:

Information about NIHF’s STEM programs:

The Assembly of First Nations’ discussion paper on Aboriginal knowledge and IP:

Canada’s Indigenous Intellectual Property Program grant:

The Canadian Government’s introductory materials to IP Rights and Indigenous Knowledge and Cultural Expressions in Canada:

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