Establishing a Global Reputation in Intellectual Property Law

Toronto Metropolitan University is making a name in the Intellectual Property (IP) law world, thanks to the research and mentorship of Dr. Alexandra Mogyoros, Assistant Professor at the Lincoln Alexander School of Law.

In addition to coaching Lincoln Alexander Law’s first-ever team to the quarter-finals at this year’s Oxford International Intellectual Property Law Moot, Mogyoros co-edited a groundbreaking book on global IP law and policy. Along with Professor Graham Reynolds at the University of British Columbia and Professor Teshager Dagne at York University, Mogyoros edited Intellectual Property Futures: Exploring the Global Landscape of IP Law and Policy, which was recently published by the University of Ottawa Press.

“It’s really exciting to publish this book that helps to highlight Canadian talent, alongside other leading IP scholars, in the international IP space,” says Mogyoros. The book explores major trends in the IP landscape, including the emergence of AI and the interplay between IP and traditional cultural expression and Indigenous legal traditions.

In her own scholarship, Mogyoros primarily focuses on how the law regulates logos and brands. For example, Mogyoros points out that trademark law was designed so that consumers could expect product consistency, but today, brands aren’t just associated with products, but values. As Mogyoros explains, brands are increasingly “participating in political discourse” and attempting to signal their values to customers. Still, consumers have little protection when they choose to criticize a brand’s values using trademarks. For example, in 2017, a Canadian Federal Court judge held that the individual who created a website critical of United Airlines infringed brand trademarks when they used modified versions of the airline’s logos.

Another major trend is that the global IP law community is “increasingly looking at how IP intersects with environmental sustainability, gender, and race,” says Mogyoros. Lawyers in the IP space are asking questions like “Should green technologies be protected differently?” They’re also challenging the ways that IP protection mechanisms often favor established corporations over local inventors and artists.

Of course, AI is shaking up the IP law landscape in a big way. Lawyers and policymakers are grappling with how to protect creators from AI copyright infringement, says Mogyoros. Meanwhile, AI is bringing more weight to major trademarks, such as those of hospitals and universities, as companies like Google use their logos to reveal the sources of generative AI and add legitimacy. “There is debate about whether AI is like any other technology that existing IP frameworks can respond to, or whether it represents a ‘sea change’ technology that requires a transformation of IP frameworks,” Mogyoros explains.

Fair-trade, made in Canada… what’s in a certification?

Mogyoros’ research focuses on certifying trademarks, including certifications that label a product vegan, sustainable, or fair-trade. In most cases, these certifications are issued by third parties that are not always transparent about what standards their certifications denote, and how those standards are enforced. “Canada and many other countries aren’t doing as much as they could be to make sure these marks stand for what they say they stand for,” she says.

Case in point, recent news stories have exposed that there is no law (external link)  to stop retailers from putting a maple leaf on products that aren’t solely or largely made in Canada.

“Beyond voting, so much of the way we impact change is in the marketplace,” Mogyoros explains. “It’s really important for consumers to know what they’re buying, and we should have an intellectual property regime that can do that for us.” Public pressure could force governments to better regulate certifying trademarks, she adds.

Governments are beginning to issue their own certifications, especially when it comes to environmental claims, as they have the ability to provide greater oversight and transparency than some third parties, Mogyoros explains. For instance, Natural Resources Canada regulates the “Canada organic” logo as well as the “EnerGuide” label, which lists a product's estimated annual energy consumption.

Against a rapidly evolving IP law and technological landscape, Mogyoros says she feels grateful to be part of the Lincoln Alexander School of Law where faculty are already very used to challenging existing practices and principles in law. “What I really admire about our students and my fellow colleagues at the school is that they are willing to take that first step and do something new for the first time,” she says. “Our law school community is demonstrating how to do that with creativity and tenacity.”