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E-TIPS® Newsletter's "2016: Year in Review" E-TIPS® Newsletter's "2016: Year in Review"

Intellectual Property
January 12, 2017January 12, 20172017-01-12 Junyi Chen Junyi Chen

Thank you for your readership over the last year and welcome to what is sure to be an exciting 2017!  In this year’s first issue of the E-TIPS® Newsletter, we will recap our most noteworthy reports from 2016 covering developments in IP and IT law, under the following categories: (1) “Supreme Court of Canada Matters”, (2) “Patents”, (3) “Trademarks/Copyright”, (4) “Pharmaceutical Matters”, (5) “IT/Privacy”, (6) “Legislative, Treaty and Policy Developments” and (7) “Foreign Developments”.

http://www.dww.com/articles/e-tips®-newsletter-s-2016-year-review

Apple v Samsung: The US Supreme Court Overturns the Federal Circuit’s Damages Award of $400 Million Apple v Samsung: The US Supreme Court Overturns the Federal Circuit’s Damages Award of $400 Million

Industrial Design
December 14, 2016December 14, 20162016-12-15 Sumaiya Sharmeen Sumaiya Sharmeen

In a recently issued decision, Samsung Electronics Co v Apple, the US Supreme Court (the Court) reversed a judgment by the US Court of Appeals for the Federal Circuit (the Federal Circuit), finding that a damages award for design patent infringement may be limited to revenues attributable to a component of an “article of manufacture” and not the entire article itself.

http://www.dww.com/articles/apple-v-samsung-us-supreme-court-overturns-federal-circuit’s-damages-award-of-400-million

Supreme Court of Canada Clarifies “Order Made by a Court” Exception and Conditions for Implied Consent under PIPEDA Supreme Court of Canada Clarifies “Order Made by a Court” Exception and Conditions for Implied Consent under PIPEDA

Privacy
December 14, 2016December 14, 20162016-12-15 Thomas Wong Thomas Wong

The Personal Information Protection and Electronic Documents Act (PIPEDA) governs the collection, use and disclosure of personal information by organizations regarding commercial activities. PIPEDA generally prohibits disclosure of personal information without the knowledge and consent of the affected individual.

http://www.dww.com/articles/supreme-court-of-canada-clarifies-“order-made-by-a-court”-exception-and-conditions-for

UK Government Announces Intent to Ratify Unified Patent Court Agreement UK Government Announces Intent to Ratify Unified Patent Court Agreement

Patent
December 14, 2016December 14, 20162016-12-15 Robert Dewald Robert Dewald

On November 28, 2016, the UK Government announced that it intends to ratify the Unified Patent Court (UPC) Agreement.  The Agreement will create a pan-European patent enforcement zone for patents issued by the European Patent Office (EPO).  This differs from the current system that requires patentees to go through national validation of their EPO patent grant in each country and then bring individual enforcement actions in each European country.

http://www.dww.com/articles/uk-government-announces-intent-to-ratify-unified-patent-court-agreement

Would the Real Fashion Santa Please Stand Up Would the Real Fashion Santa Please Stand Up

Trademark
December 14, 2016December 14, 20162016-12-15 Jennifer Davidson Jennifer Davidson

Fashion Santa became a worldwide social media phenomenon when the character debuted at Yorkdale Shopping Mall in Toronto during the holiday season of 2014. The stylish Saint Nick, portrayed by Paul Mason, drew folks from far and wide to take a selfie with the holiday icon. However, a clash between Mason and Yorkdale prevented Mason from reprising his role this year. Mason has said he chose not to return to Yorkdale because of a dispute regarding ownership of the FASHION SANTA brand. Mason claims that he created the promotional character, but Yorkdale’s management disagrees.

http://www.dww.com/articles/would-real-fashion-santa-please-stand-up

Opposition Board Confirms Proper Approach to Showing Use through Licensee Opposition Board Confirms Proper Approach to Showing Use through Licensee

Trademark
December 14, 2016December 14, 20162016-12-15 David Bowden David Bowden

In Johnston Law v 2341375 Ontario Inc, (2016 TMOB 169) the Trademarks Opposition Board addressed the requirements for demonstrating use of a trademark through a licensee in the context of summary non-use cancellation proceedings. The decision contains an overview of the methods through which a registered owner can show use.

http://www.dww.com/articles/opposition-board-confirms-proper-approach-to-showing-use-through-licensee

News

DWW Awarded Bronze Status by World Trademark Review 1000 for 2017 DWW Awarded Bronze Status by World Trademark Review 1000 for 2017

January 17, 2017
January 17, 2017 2017-01-17
Gervas W. Wall http://www.dww.com/news/dww-awarded-bronze-status-by-world-trademark-review-1000-for-2017

Junyi Chen, Hung Nguyen, and Kavita Ramamoorthy Publish Article on Changes Coming to Canadian Trademark Law in Financier Worldwide Magazine Junyi Chen, Hung Nguyen, and Kavita Ramamoorthy Publish Article on Changes Coming to Canadian Trademark Law in Financier Worldwide Magazine

January 12, 2017
January 12, 2017 2017-01-12
Junyi Chen http://www.dww.com/news/junyi-chen-hung-nguyen-and-kavita-ramamoorthy-publish-article-on-changes-coming-to-canadian

Doug Deeth and Amy-Lynne Williams Named In 2017 Lexpert/American Lawyer Guide To The Leading 500 Lawyers In Canada Doug Deeth and Amy-Lynne Williams Named In 2017 Lexpert/American Lawyer Guide To The Leading 500 Lawyers In Canada

January 5, 2017
January 5, 2017 2017-01-05
Douglas N. Deeth http://www.dww.com/news/doug-deeth-and-amy-lynne-williams-named-2017-lexpert-american-lawyer-guide-to-leading-500

Junyi Chen Lectures at University of Windsor, Faculty of Law on Pharmaceutical Patents in Canada Junyi Chen Lectures at University of Windsor, Faculty of Law on Pharmaceutical Patents in Canada

December 5, 2016
December 5, 2016 2016-12-06
Junyi Chen http://www.dww.com/news/junyi-chen-lectures-at-university-of-windsor-faculty-of-law-on-pharmaceutical-patents-canada

Events

Twenty Toronto Street Conferences and Events
20 Toronto Street, 2nd Floor
Toronto
ON
M5C 2B8
November 22, 2016
Jackman Law Building
78 Queens Park, room J125. 
Toronto
Ontario
November 15, 2016
Moot Court Room, Jackman Law Building
78 Queen's Park
Toronto
ON
M5S 2C5
Canada
November 4, 2016