Recent Insights

Cloud Infrastructure Service Providers in Europe Release Data Protection Code of Conduct Cloud Infrastructure Service Providers in Europe Release Data Protection Code of Conduct

Privacy
March 23, 2017March 23, 20172017-03-23
In January 2017, the Cloud Infrastructure Service Providers in Europe (CISPE) published a Data Protection Code of Conduct for Cloud Infrastructure Service Providers (the Code of Conduct).
Deeth Williams Wall http://www.dww.com/articles/cloud-infrastructure-service-providers-europe-release-data-protection-code-of-conduct

High Court Ups the Ante on Pirated Football Matches High Court Ups the Ante on Pirated Football Matches

Copyright
March 23, 2017March 23, 20172017-03-23
On March 13, 2017, in The Football Association Premier League Limited v British Telecommunications PLC, [2017] EWHC 480 (Ch), the High Court of Justice Chancery Division granted an injunction brought by the top league of British soccer (Premier League) against 5 domestic, retail internet service providers (collectively, the ISPs).
Deeth Williams Wall http://www.dww.com/articles/high-court-ups-ante-on-pirated-football-matches

The Supreme Court of British Columbia Awards Damages of $52,527.07 for Copyright Infringement The Supreme Court of British Columbia Awards Damages of $52,527.07 for Copyright Infringement

Copyright
March 23, 2017March 23, 20172017-03-23
In Ankenman Associates Architects Inc v 0981478 BC Ltd, 2017 BCSC 333, the Supreme Court of British Columbia (the Court) awarded the petitioner, Ankenman Associates Architects Inc (AAAI), damages of $52,527.07 for the respondent’s copyright infringement where a licence conditional on payment of fees did not pass to the respondent through foreclosure proceedings.
Deeth Williams Wall http://www.dww.com/articles/supreme-court-of-british-columbia-awards-damages-of-5252707-for-copyright-infringement

English Court of Appeal Affirms 12-Month Sentence for Distribution of Infringing Musical Works English Court of Appeal Affirms 12-Month Sentence for Distribution of Infringing Musical Works

Copyright
March 23, 2017March 23, 20172017-03-23
In R v Evans ([2017] EWCA Crim 139), the English and Wales Court of Appeal affirmed a 12-month immediate prison sentence for an individual convicted of distributing infringing copies of musical works under the UK Copyright, Designs, Patents Act, 1988.
Deeth Williams Wall http://www.dww.com/articles/english-court-of-appeal-affirms-12month-sentence-for-distribution-of-infringing-musical

Federal Court Awards $1 Million in Punitive Damages in Patent Case Federal Court Awards $1 Million in Punitive Damages in Patent Case

Patent Litigation
March 23, 2017March 23, 20172017-03-23
On March 2, 2017, the Federal Court of Canada issued public judgment and reasons for an award totaling $1.5 million comprised of $500,000 in compensatory damages and $1 million in punitive damages for the plaintiff in Airbus Helicopters SAS v Bell Helicopter Texteron Canada Limitée, 2017 FC 170. Pursuant to an October 2, 2009 order, the quantification of damages in the proceeding was bifurcated from the liability issues. Under the liability phase, Bell Helicopter was found to have infringed Canadian Patent No.
Deeth Williams Wall http://www.dww.com/articles/federal-court-awards-1-million-punitive-damages-patent-case-0

Inadequate Disclosure Stops Snowmobile Patent In Its Tracks: Bombardier Recreational Products Inc v Arctic Cat Inc Inadequate Disclosure Stops Snowmobile Patent In Its Tracks: Bombardier Recreational Products Inc v Arct...

Patent Litigation
March 23, 2017March 23, 20172017-03-23
On February 24, 2017, in Bombardier Recreational Products Inc v Arctic Cat Inc, 2017 FC 207, the Federal Court found that no valid claims were infringed, and dismissed the infringement action against Arctic Cat Inc with costs.  Three of the four patents at issue would have been infringed but were invalid.
Deeth Williams Wall http://www.dww.com/articles/inadequate-disclosure-stops-snowmobile-patent-its-tracks-bombardier-recreational-products

Events

September 15, 2017

Richard Austin will be a panelist during the 2017 Guide to Legal & Business Risk Management in Cloud and SaaS Based Environments event on September 15, 2017.  Richard will be presenting on a panel discussing: Cloud Computing Agreements: Tips, Tricks and Pitfalls

February 22, 2017

James Kosa will be speaking at the LES 2017 Kick-Off: Toronto Social Event & Evening Talk on "Ethical Negotiations - The Art of the Possible".

His discussion will explore a range of topics that include the evolution of the duty to contract in good faith, the intersection of contract law and public policy, and examples of ethical dilemmas in contract negotiations.

February 1, 2017

On February 1, 2017, Richard Austin presented "Consent in the time of big data" at the 14th Privacy & Data Security Compliance Forum.

A copy of the presentation is available here