Masato Nakatsuji, the creator of a malicious computer virus, was recently convicted in Japan, not of creating a virus, but of copyright infringement, thereby putting into question the efficacy of laws available to fight such offences. The case should also raise questions in the international community about the adequacy of protection available against cybercrime in Japan, and prompt a closer look at the laws available elsewhere, including Canada. | MORE

In Genencor International Inc v Canada (Commissioner of Patents) 2008 FC 608, Justice Gibson of the Federal Court dismissed an appeal from the decision of a patent re-examination board (Board) to cancel all claims of Patent No 2093422 (Genencor Patent), owned by Genencor International Inc (Genencor). | MORE

In October 2007, Canada’s Department of Foreign Affairs and International Trade announced that it would engage in discussions with countries including the United States, Mexico, the European Union, Switzerland, Japan, South Korea, and New Zealand to develop an Anti-Counterfeiting Trade Agreement (ACTA). The goal of ACTA is to combat counterfeiting and piracy by focusing on international cooperation, enforcement practices and legal frameworks. By March 2008, informal discussions had taken place and formal negotiations are expected soon. | MORE

In 2004, the federal Government established a Task Force on Spam to oversee implementation of an Anti-Spam Action Plan. In its Final Report to the Minister of Industry in 2005 the Task Force recommended that the Government “establish in law a clear set of rules to prohibit spam and other emerging threats to the safety and security of the Internet (e.g. botnets, spyware, keylogging) by enacting new legislation and amending existing legislation as required”. (For further information, see ETIPS®, “Canadian Minister of Industry Announces Anti-Spam Task Force“, Vol. 2, No. 25, May 26, 2004). | MORE

The Premier of Ontario, Dalton McGuinty, announced that he is considering banning the use of electronic devices, not just cell phones, on the province’s highways. | MORE

The practice by an ISP of limiting customers’ Internet usage, known as traffic shaping, has prompted a level of opposition based on considerations of privacy and a principle of “net neutrality”. Recently, the Canadian Radio-Television and Telecommunications Commission announced that it would probe ISP traffic shaping (see E-TIPS®, “CRTC Launches Probe into Internet Traffic Management Practices“, Vol 6, No 23, May 21, 2008). | MORE

The Canadian Internet Registration Authority (CIRA) is implementing changes to the public registry of “.ca” domain name holders. Currently, when a registrant registers a “.ca” domain name, the registrant’s contact information and e-mail address is posted in a publicly accessible database (WHOIS database). | MORE