Digital Signatures Receive International Standards Ratification Digital Signatures Receive International Standards Ratification

Information Technology
July 4, 2007July 4, 20072015-07-08
On October 2002, members of the Organization for the Advancement of Structured Information Standards (OASIS) consortium formed a technical committee to develop open XML protocols for digital signatures operating in a Web services environment. Their primary purpose was to enable web services to produce and verify digital signatures.
Deeth Williams Wall https://www.dww.com/articles/digital-signatures-receive-international-standards-ratification

Federal Court Finds a Second NOA not to be an Abuse of Process Federal Court Finds a Second NOA not to be an Abuse of Process

Litigation
July 4, 2007July 4, 20072015-09-23
In Eli Lilly Canada Inc v Novopharm Limited et al (2007 FC 596), Justice Hughes of the Federal Court held that it was not an abuse of process for Novopharm Limited (Novopharm) to serve a second Notice of Allegation (NOA) on Eli Lilly Canada Inc (Lilly) after Novopharm withdrew its first NOA days before Novopharm's evidence was due. Novopharm did not provide any explanation why it withdrew the first NOA.
Deeth Williams Wall https://www.dww.com/articles/federal-court-finds-a-second-noa-not-to-be-an-abuse-of-process

BlackBerry® Use Banned for French Government Officials BlackBerry® Use Banned for French Government Officials

Privacy
July 4, 2007July 4, 20072015-09-23
French government security experts have reportedly banned the use of the BlackBerry ® handheld device in ministries and in the Presidential palace based on the concern that the devices are vulnerable to snooping by US intelligence agencies.
Deeth Williams Wall https://www.dww.com/articles/blackberry%C2%AE-use-banned-for-french-government-officials

Battle Over Plavix Patent Settlement Continues Battle Over Plavix Patent Settlement Continues

Patents
July 4, 2007July 4, 20072015-09-23
In the past few weeks, two new chapters have been written in the ongoing dispute among the generic manufacturer Apotex and innovators Sanofi-Aventis (Sanofi) and Bristol-Myers Squibb (B-MS), over blood thinner Plavix. As previously discussed in E-TIPS®, Apotex reached a patent settlement agreement with Sanofi and B-MS, in which it would delay market entry of generic Plavix in exchange for remuneration. The deal was subsequently rejected by US state Attorneys General (See E-TIPS®, "Questions Remain Over the Legality of Patent Settlement Agreements" Vol 5, No 5, August 30, 2006).
Deeth Williams Wall https://www.dww.com/articles/battle-over-plavix-patent-settlement-continues

US Appeals Court Hands Down Important E-mail Privacy Decision US Appeals Court Hands Down Important E-mail Privacy Decision

Privacy
July 4, 2007July 4, 20072015-07-08
On June 18, 2007, the United States Court of Appeals for the Sixth Circuit handed down a decision on e-mail privacy that has broad implications for communications providers and law enforcement.
Deeth Williams Wall https://www.dww.com/articles/us-appeals-court-hands-down-important-email-privacy-decision

Inspection by the HPFBI – Will it be Predictable and Uniform? Inspection by the HPFBI – Will it be Predictable and Uniform?

Food and Drug
June 24, 2007June 24, 20072015-09-23
Inspection by the HPFBI – Will it be Predictable and Uniform? (PDF Format) By Sue Diaz
Deeth Williams Wall https://www.dww.com/articles/inspection-by-hpfbi-%E2%80%93-will-it-be-predictable-and-uniform

Law and Regulatory: Synergy and Conflict Law and Regulatory: Synergy and Conflict

Regulatory Law
June 24, 2007June 24, 20072015-09-23
Law and Regulatory: Synergy and Conflict (PDF) By Gordon S. Jeppson
Deeth Williams Wall https://www.dww.com/articles/law-and-regulatory-synergy-and-conflict

Federal Court of Canada Re-examines Test of Obviousness in Patent law Federal Court of Canada Re-examines Test of Obviousness in Patent law

Patents
June 24, 2007June 24, 20072015-07-08
Federal Court of Canada Re-examines Test of Obviousness in Patent law (PDF Format) By Michael Migus
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-canada-reexamines-test-of-obviousness-patent-law-0

BC Drafts New Rules on International Outsourcing of Personal Information BC Drafts New Rules on International Outsourcing of Personal Information

Outsourcing
June 24, 2007June 24, 20072015-07-08
BC Drafts New Rules on International Outsourcing of Personal Information (PDF Format) By Jason Young
Deeth Williams Wall https://www.dww.com/articles/bc-drafts-new-rules-on-international-outsourcing-of-personal-information

Living Rooms are not Public Spaces – Case Comment R. v. Clark Living Rooms are not Public Spaces – Case Comment R. v. Clark

Privacy
June 24, 2007June 24, 20072015-07-08
Living Rooms are not Public Spaces – Case Comment R. v. Clark (PDF Format) By Jason Young
Deeth Williams Wall https://www.dww.com/articles/living-rooms-are-not-public-spaces-%E2%80%93-case-comment-r-v-clark

DNA Samples – Make Believe Privacy in a Technological World – Case Comment R. v. Rodgers DNA Samples – Make Believe Privacy in a Technological World – Case Comment R. v. Rodgers

Privacy
June 24, 2007June 24, 20072015-07-08
DNA Samples – Make Believe Privacy in a Technological World – Case Comment R. v. Rodgers (PDF) By Jason Young
Deeth Williams Wall https://www.dww.com/articles/dna-samples-%E2%80%93-make-believe-privacy-a-technological-world-%E2%80%93-case-comment-r-v-rodgers

Cross-Border Outsourcing: Privacy Commissioner gives Green Light to Cross-Border Outsourcing of Personal Information; Raises Questions Cross-Border Outsourcing: Privacy Commissioner gives Green Light to Cross-Border Outsourcing of Personal ...

Privacy
June 24, 2007June 24, 20072015-07-08
Cross-Border Outsourcing: Privacy Commissioner gives Green Light to Cross-Border Outsourcing of Personal Information; Raises Questions (PDF Format) By Jason Young
Deeth Williams Wall https://www.dww.com/articles/crossborder-outsourcing-privacy-commissioner-gives-green-light-to-crossborder-outsourcing

Prognosticating Privacy Protection Prognosticating Privacy Protection

Privacy
June 24, 2007June 24, 20072015-07-08
Prognosticating Privacy Protection (PDF) By Jason Young
Deeth Williams Wall https://www.dww.com/articles/prognosticating-privacy-protection

Identity Theft in Canadian Criminal and Regulatory Statutes Identity Theft in Canadian Criminal and Regulatory Statutes

Regulatory Law
June 24, 2007June 24, 20072015-07-08
Identity Theft in Canadian Criminal and Regulatory Statutes (PDF) By Andrei Edwards
Deeth Williams Wall https://www.dww.com/articles/identity-theft-canadian-criminal-and-regulatory-statutes-0

Online Privacy Laws: Lessons From the Canadian Pharmaceutical Industry'>Online Privacy Laws: Lessons From the Canadian Pharmaceutical Industry Online Privacy Laws: Lessons From the Canadian Pharmaceutical Industry'>Online Privacy Laws: Lessons From...

Privacy
June 24, 2007June 24, 20072015-07-08
Online Privacy Laws: Lessons From the Canadian Pharmaceutical Industry (PDF Format) By Jason Young
Deeth Williams Wall https://www.dww.com/articles/online-privacy-laws-lessons-from-canadian-pharmaceutical-industryonline-privacy-laws

Lawful Access – Cybercrime and Punishment Lawful Access – Cybercrime and Punishment

Information Technology
June 24, 2007June 24, 20072015-07-08
Lawful Access – Cybercrime and Punishment (PDF Format) By Jason Young
Deeth Williams Wall https://www.dww.com/articles/lawful-access-%E2%80%93-cybercrime-and-punishment

Amendments to Canadian Trade-Marks Regulations Amendments to Canadian Trade-Marks Regulations

Trademarks
June 20, 2007June 20, 20072015-07-08
The Canadian Trade-marks Regulations have been amended. Beginning on June 2, 2007, parties to opposition proceedings can use couriers as a means of service. In the past, courier services were only acceptable if the other party consented. Otherwise, they had to generally resort to service by registered mail. The new amendments now set out four acceptable ways of service. They include registered mail, personal service, courier or any other means as agreed by the parties.
Deeth Williams Wall https://www.dww.com/articles/amendments-to-canadian-trademarks-regulations

Ontario Privacy Commissioner Issues Order, Guidance on Wi-Fi Video Surveillance Ontario Privacy Commissioner Issues Order, Guidance on Wi-Fi Video Surveillance

Privacy
June 20, 2007June 20, 20072015-07-08
On June 7 2007, Ontario's Information and Privacy Commissioner (Commissioner) issued an order under the Personal Health Information Protection Act (PHIPA) which provides guidance on the use of wireless technologies by health information custodians.
Deeth Williams Wall https://www.dww.com/articles/ontario-privacy-commissioner-issues-order-guidance-on-wifi-video-surveillance

Internet Evidence in the Evaluation of a Proposed Trade-mark Internet Evidence in the Evaluation of a Proposed Trade-mark

Trademarks
June 20, 2007June 20, 20072015-07-08
In a 2-1 split decision, the United States Court of Appeals for the Federal Circuit (Court of Appeal) upheld a decision of the Trademark Appeal Board (Board), ruling that the proposed mark ASPIRINA is merely descriptive for analgesic goods [In Re Bayer Aktiengesellschaft, 2006-1279 (Fed Cir 2007)]. The Board concluded that consumers would view ASPIRINA as a mere variation or misspelling of aspirin, a generic term for a class of analgesic goods composed of acetyl salicylic acid.
Deeth Williams Wall https://www.dww.com/articles/internet-evidence-evaluation-of-a-proposed-trademark

India to Set Up Independent Data Privacy Watchdog India to Set Up Independent Data Privacy Watchdog

Privacy
June 20, 2007June 20, 20072015-09-23
As the leading destination for Business Process Outsourcing (BPO), India's BPO sector employs over one million people and accounts for approximately 5% of the country's GDP. Despite this, there is no general data protection law in India such as that in force in the UK, Europe and elsewhere.
Deeth Williams Wall https://www.dww.com/articles/india-to-set-up-independent-data-privacy-watchdog

Disclaimer: This Newsletter is intended to provide readers with general information on legal developments in the areas of e-commerce, information technology and intellectual property. It is not intended to be a complete statement of the law, nor is it intended to provide legal advice. No person should act or rely upon the information contained in this newsletter without seeking legal advice.

E-TIPS is a registered trade-mark of Deeth Williams Wall LLP.