Faculty of Law

Queen's University
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Faculty of Law
Faculty of Law

Bita Amani

Associate Professor
B.A. (York), LL.B. (Osgoode), S.J.D. (Toronto)

Faculty of Law
Queen's University
Kingston Ontario
K7L 3N6
tel: (613) 533-6000, ext. 74252
fax: (613) 533-6509
e-mail: amanib@queensu.ca


Teaching Subjects

  • Advanced Intellectual Property Law
  • Copyright
  • Trade-marks and Unfair Competition
  • Information Privacy
  • Workshop in Feminist Legal Studies

Current Research

Current research in intellectual property law (domestic and International), intellectual property law theory and policy and its interaction with law and development, regulating genetics and new technologies, biopiracy and protection of traditional and cultural knowledge, regulatory and ethical Issues of medical/scientific research and its commercialization, privacy and data protection, social justice and regulatory diversity, feminist and critical legal studies.

Profile

  • Co-Director, Feminist Legal Studies Queens (from inception)
  • Elected to the Board of IT.CAN (2009-11)
  • Distinguished Visiting Scholar, Osgoode Hall Law School, Institute for Feminist Legal Studies (2009-10)
  • Visiting Scholar, Researcher and Guest Lecturer, Oxford University Intellectual Property Research Centre (2008)
  • Visiting Scholar, Researcher and Guest Lecturer, Leeds University School of Law, Centre for International Governance (2008)
  • Research Fellow and Stay Recipient, Brocher Foundation, Geneva Switzerland (2008)
  • Professor of the Month, IranianProfessors.com
  • Tribute to Iranian Canadian Academe Award Recipient
  • Adjunct Professor, Osgoode Hall Law School
  • Co-Director and Lecturer, Osgoode Hall Law School, LL.M. Programme in Intellectual Property, International Aspects of Intellectual Property, York University (with Rosemary Coombe, 2001)
  • Policy Consultant and author of Policy Brief, “Consuming “DNA as Chemicals” and Chemicals as Food: A Fresh Policy Perspective for Women’s Health”, National Network on Environment’s and Women’s Health (NNEWH), funded by the Bureau of Women’s Health and Gender Analysis, Health Canada
  • Policy Consultant and Co-Principal Investigator, “Expanding Recognition of Foreign Polygamous Marriages: Policy Implications For Canada”, funded by the Status of Women Canada and the Department of Justice (2005)
  • Policy Consultant and Co-author of Policy Brief, Ontario Advisory Committee on Predictive Genetic Technology, Member of Subcommittee on Patenting Genes (2001)
  • Canadian Correspondent, International Review of Intellectual Property and Competition Law (IIC), Max Plank Institute, Germany (2005-07)
  • Consultant and Legislative Drafter, Ministry of the Attorney General, Office of the Legislative Counsel (37th Legislature’s Session, Ontario, 2001)
  • Editor and Annotations Editor, Ministry of the Attorney General, Office of the Legislative Counsel, e-Laws Project (2000-02)
  • Consultant, University of Toronto Faculty Law Association
  • Canadian Social Science & Humanities Research Council Doctoral Fellowship (2000-2003).
  • Centre for Innovation Law & Policy Doctoral Fellowship, University of Toronto (2000-2003).
  • Called to the Bar of Ontario (2000); Notary Public and Commissioner of Oaths for Ontario

Publications

Books and Monographs

  • State Agency and the Patenting of Life in International Law: Merchants and Missionaries in a Global Society,(UK: Ashgate Publishing Inc., 2009)

Refereed or Peer Reviewed Journal Publications

  • “Expanding Recognition of Foreign Polygamous Marriages: Policy Implications For Canada”, (2008) 25 N.J.C.L. 1-295, (with Dr. Martha Bailey, Professor Bev Baines, and Ms. Amy Kaufman).
  • “Patents, the Charter, & a Healthy Dose of Rights in Wrongs:  The Poison Isthe Elixir for Life, Liberty, and Security of the Person” (2007) UNBLJ (Public Authority Liability in Canada Special Issue) 161-213.
  • “The Human Genome Diversity Project:  The Politics of Patents at the Intersection of Race, Religion, and Research Ethics” (2005) 27:1 Law and Policy(Law, Technology, and Development Special Issue) 159-195 (with Rosemary Coombe). Reprinted in William Gallagher, ed., Intellectual Property(a volume in the International Library of Essays in Law and Society, (Aldershott: Ashgate Publishing Company, 2007).
  • “Patents & Public Health:  International Trade Obligations & Domestic Policy Development” (2002) 22.3 Health Law in Canada 76-84, companion article to Dr. Terrence Sullivan and Esther Shainblum, “Trading in Health:  The World Trade Organization (WTO) and the International Regulation of Health and Safety” (2001) 22.2 Health Law in Canada, 29-47].
  • “A Penchant for Persian Rugs Over Palatable Products: The Use of Geographic Appellations as Trade-Marks- Part I” (2000) 14.2 Intellectual Property Journal185-218.
  • “A Penchant for Persian Rugs Over Palatable Products:  A Parthian Attempt to Turn Paddock to Haddock in Trademark Law or the Continued Search for Philosopher’s Stone?” – Part II (2000) 14.3 Intellectual Property Journal313-360.
  • “Facts, Fiction or Folklore?  It’s Time the Tale Were Told…: Part I” (1999) 13.2 Intellectual Property Journal237-273.
  • “Copyright, Cultural Industries & Folklore: A Tall Tale of Legal Fiction – Part II”  (1999) 13.3 Intellectual Property Journal275-303.

Book Reviews

  • 2008       Ikechi Mgbeoji, Global Biopiracy: Patents, Plants, and Indigenous Knowledge”(2008) 46:2 Osgoode Hall Law Journal,50th Anniversary Special Environmental Issue (solicited and peer reviewed).

Book Chapters

  • “Patents on Genes:  Identifying Issues and Responses (with Lisa Austin), in Trudo Lemmens, Roxanne Mykitiuk, & Mireille Lacroix, Reading the Future?:  Legal and Ethical Challenges of New Predictive Genetic Testing. (Montreal: Editions Thémis, 2007).

Policy Reports

  • “Consuming “DNA as Chemicals” and Chemicals as Food: A Fresh Policy Perspective for Women’s Health”, Policy Brief to Health Canada and Environment Canada at “ConsumingChemicals: Implications for Women’s Health Policy Forum,organized by NNEWH, (February 26).
  • “Expanding Recognition of Foreign Polygamous Marriages:  Policy Implications for Canada” (co-authored with Dr. Martha Bailey, Professor Bev Baines, and Ms. Amy Kaufman), in Angela Campbell et. al., Polygamy in Canada:  Legal and Social Implications for Women and Children, A Collection of Policy Research Reports,November 2005, Status of Women Canada and Department of Justice, Canada.
  • “Patents on Genes:  Identifying Issues and Responses (with Lisa Austin), Discussion paper prepared for the Provincial Advisory Committee on New Genetic Technologies.  Toronto, Ontario, October 2001.
  • “Occupational Health & Safety: Comparative Health and Safety Standards Across Canadian Provinces and the Use of Delegated Administrative Organizations, Ontario Ministry of Labour, Summer 1996.

Columns & Comments

Edited Course Readers

  • Advanced Intellectual Property Law: Regulatory Values in Intellectual Property Law Volumes 1-3,Queen’s University Faculty of Law, for the exclusive use of Queen’s Law students.
  • Trade-Marks & Unfair Competition Law Course Reader Volumes 1 & 2, Queen’s University Faculty of Law, for the exclusive use of Queen’s Law Students.
  • Information Privacy: Law, Policy and Theory, Queen’s University Faculty of Law, for the exclusive use of Queen’s Law Students.
  • International Aspects of Intellectual Property Course Reader(2 binders), Osgoode Hall Law School, Professional Development Program Part-Time, for the  Part-Time LLM Program of OHLS (with Rosemary Coombe)

Articles in Edited Course Readers

  • “A Piece of Cake:  A Sociological Breaching Experiment”, in Katherine Bischoping, ed., Sociological Methods Course Kit, Sociology 2030(B), York University, (1995-2001).

Presentations and Appearances

Selected Presentations and Appearances

  • “Taking the Bite out of Snow White’s Apple: IP’s Contribution to Novel Food Regulation in Canada” Feminist Fridays Seminar, Institute for Feminist Legal Studies, Osgoode Hall Law School, January 22, 2010.
  • “Biopatenting Law and Industrial Policy Discourse: The Limits of Agents and Audiences”, presented at the “Canadian Intellectual Property Academy Conference”, organized by Western University, Toronto, November 19-21, 2009
  • “Current Issues in IP For Women: Women as Subjects of Research and Objects of Property”, Second Annual Women and IP Roundtable, hosted by IP Osgoode and the Institute for Feminist Legal Studies, November 6., 2009.
  • “Biotechnology and IP”, Guest Lecture, for Professor David Vaver’s Seminar IP and Health, Osgoode Hall Law School, October 6, 2009.
  • “Regulatory Diversity, an Imperative for the Bioeconomy: Biopatenting, TRIPS, and the Public Interest in Sectors of Vital Importance” Michael Trebilcock Tribute Symposium, University of Toronto, Faculty of Law, Oct.1-2, 2009.
  • “Polygamy and Immigration: Some Socio-Legal Issues” for Professor Dana Olwan’s course Dialogues in Feminism and Islam, Queen’s University, Women’s Studies, February 24, 2009.
  • “Biopatenting After the Supreme Court of Canada:  Some Unhappy Compromises and Some Unintended Consequences”, presented at the One Origins, One Race, One Earth:  Genetics, Human Rights, and the Next Phase of Human Evolution” Conference on Legal and Ethical issues Attendant to Genetics, hosted by Alberta Civil Liberties Association with the support of the Alberta Law Foundation, November 15-17, 2008 http://www.aclrc.com/OneOrigin/index.htm.
  • “Critically Assessing Genetic Research, the Human Genome Diversity Project, and Biopatenting” for Professor Samantha King’s courseRace, Class, Gender, and the Study of Health, Queen’s University, School of Kinesiology & Health Studies and Women’s Studies, November 12, 2008.
  • “I Am Canadian:  Recognition of Foreign Polygamous Marriages and Socio-Legal Considerations for New Immigrants” to be presented to social workers and professionals servicing immigrant communities, Costi Immigration Services, Toronto, October 2008, http://www.costi.org/.
  • “Biopatenting after the Supreme Court of Canada”, Oxford Centre for  Intellectual Property Research, May 13, 2008.
  • Commentator and panel discussant, The Future of Food Conference, Centre for International Governance, Leeds University, May 9, 2008. “Patenting Life after the Supreme Court of Canada”, Leeds University Centre for International Governance, May 8, 2008.
  • “Defining E-Topia: Emerging Internet Privacy Issues and the Challenge Posed to Protecting Genetic Information” presented at the Second International Medical Ethics Congress, Tehran, Iran, April 16-18, 2008
  • “What’s Wrong With Intellectual Property?: The Public Interest in Private Rights and a Not So Common(s) Approach to Genetic Information” presented at the Intellectual Property Law Workshop, University of Western Ontario, Faculty of Law, September 18-20, 2007.
  • “What’s Wrong With Intellectual Property?: The Public Interest in Private Rights and a Not So Common(s) Approach to Genetic Information” presented at the 5th Annual Works In Progress Intellectual Property Colloquium, Washington, D.C., September 28-29, 2007, http://www.wcl.american.edu/pijip/wipip2007.cfm.
  • “I Am Canadian:  Recognition of Foreign Polygamous Marriages and Socio-Legal Considerations for New Immigrants”, presented at The Ottawa Immigration Law Conference, March 30, 2007.
  • “What’s Wrong With Intellectual Property?: The Public Interest in Private Rights and a Not So Common(s) Approach to Genetic Information” presented at the First Annual Young Scholars Conference, Montreal, Quebec, January 25-26, 2007.
  • “Patents, the Charter, & a Healthy Dose of Rights in Wrongs:  The Poison Isthe Elixir for Life, Liberty, and Security of the Person” Paper presented and draft circulated at Public Wrongs, Private Duties: Rethinking Public Authority Liability in Canada, University of New Brunswick, Faculty of Law, May 18-19, 2006.
  • “Constitutionalizing the Right to Health and Public Authority for Regulatory Torts:  Revisiting the Gene Patent Debate”  Guest lecturer, Masters of Public Administration Program (PMPA) and Masters of Business Administration (MBA) students, Queen’s University, Faculty of law, May 24, 2006.
  • “Patents and the Charter”, Faculty Discussion Group, Queen’s University Faculty of Law, April 25, 2006.
  • “The Patent Epidemic:  A Prescription for Iranian Scientific Researchers and a Nuanced Prognosis”, organized through the Knowledge Diffusion Network and presented at The University of Mashhad Medical School, Mashhad, Iran, June 18, 2005.
  • “State of Intellectual Property Law in Canada” Guest Speaker, Queen’s Intellectual Property and Information Technology Association, State of Intellectual Property, November 25, 2004.
  • Commentator for Guest Speaker: Dr. Eduardo Kac, Performance Artist and Chair of the Art and Technology Department at the School of Art Institute of Chicago: “The Cultural Impact of Biotechnology:  Legal Perspectives”, co-hosted by the Centre for Innovation Law and Policy and The Queen’s Law and Technology Club, November 15, 2004.
  • “The Human Genome Diversity Project: Issues at the Intersection of Patents, Race, Culture and Ethics” (with Rosemary Coombe), Conference: On Edge:  Anthropology in Troubling Times,Canadian Anthropological Society (CASCA) with the Society for Anthropology Of North America, Dalhousie University, Faculty of Arts and Social Science, May 8-11, 2003, Halifax.
  • “Getting Hired and Surviving First Year in the Academy”, Guest Speaker at University of Toronto, Faculty of Law Graduate Student Seminar Series for graduate and doctoral students, 2003.
  • “Biotechnology and Implications for University Research in Pharmacology”, Guest Speaker, University of Toronto, Pharmacology Department, 2002.
  • “State of Intellectual Property Law in Canada” Guest Speaker, Queen’s Intellectual Property and Information Technology Association, 2002.