E-TIPS

On January 10, 2024, the Québec government published draft regulations (the Draft Regulations) that, if passed, will amend the Quebec Charter of the French Language (the Charter) and the current Regulations respecting the language of commerce and business.

On December 7, 2023, the Federal Court of Canada (the Court) issued its decision in Seismotech IP Holdings Inc. v Apple Canada Inc., 2023 FC 1649, dismissing Seismotech IP Holdings Inc.’s (Seismotech) motion to obtain a Norwich order against Apple Inc. and Apple Canada Inc. (collectively, Apple).

Thank you for your readership over the last year and welcome to what we hope will be a fantastic 2024! In this year’s first issue of the E-TIPS® Newsletter, we will recap our most noteworthy reports from 2023, covering developments in intellectual property (IP) and information technology (IT) law under the following categories: (1) Legislative, Treaty and Policy Developments, (2) Patents, (3) Trademarks, (4) Copyright, (5) Privacy and Cybersecurity, (6) Contracts and (7) Artificial Intelligence.

The Canadian Intellectual Property Office (CIPO) has recently announced further details in its quest to start slaying the dragon of mounting trademark examination backlogs.

On November 14, 2023, the Ontario Government tabled Bill 149, Working for Workers Four Act, 2023 (Bill 149), which proposes legislative amendments to various employment statutes in Ontario. If passed, Bill 149 will require employers to disclose the use of Artificial Intelligence (AI) in the hiring process.

On November 28, 2023, the Government of Canada published the text of proposed amendments to Part 3 of Bill C-27, the Artificial Intelligence and Data Act (AIDA).

On November 22, 2023, the Federal Court of Appeal of Canada (FCA) issued its decision in Dragona Carpet Supplies Mississauga Inc. v Dragona Carpet Supplies Ltd., 2023 FCA 228, dismissing an appeal relating to a decision of the Federal Court (FC) which dismissed a claim for passing off and expunged trademark registrations for DRAGONA.

On November 9, 2023, the Federal Court of Appeal (FCA) issued its decision in Sandoz Canada Inc. v Janssen Inc., 2023 FCA 221, dismissing an appeal relating to a decision of the Federal Court (FC) that dismissed allegations by the appellant, Sandoz Canada Inc. (Sandoz), that Canadian Patent No. 2,659,770 (the Patent) was invalid on various grounds.

On November 9, 2023, the Federal Court of Appeal (the FCA) issued its decision in Apotex Inc. v Janssen Inc., 2023 FCA 220, finding that the marketing and sale by Apotex Inc. (Apotex) of its Apo-Macitentan product would induce infringement of Canadian Patent No. 2,659,770 (the Patent).

On October 30, 2023, the G7 leaders published the International Guiding Principles for Organizations Developing Advanced AI Systems (the Principles) and the International Code of Conduct for Organizations Developing Advanced AI Systems (the Code), which are intended to support organizations when developing and using advanced AI technologies, such as the most advanced foundation models and generative AI systems.

On October 23, 2023, Ontario introduced Bill 142, Better for Consumers, Better for Businesses Act, 2023 (Bill 142), which would repeal the Consumer Protection Act, 2002 and enact the Consumer Protection Act 2023, (the “new CPA”) as well as amend the Consumer Reporting Act, 2002. Bill 142 is aimed at addressing changing consumer habits and business practices in an increasingly online world, and would, if passed, seek to strengthen consumer protections and make life easier for both consumers and businesses.

On October 20, 2023, the Government of Canada released the text of proposed amendments to Part 1 of Bill C-27, the Consumer Privacy Protection Act (CPPA).

On October 31, 2023, The Office of the Information and Privacy Commissioner of Ontario (IPC) announced two resolutions: the (i) Resolution on Artificial Intelligence and Employment (AI Employment Resolution); and (ii) Resolution on Generative Artificial Intelligence Systems (Generative AI Resolution), which it co-sponsored with fellow data protection and privacy authorities at the 45th Global Privacy Assembly.

On October 18, 2023, the Federal Court of Canada (the Court) issued its decision in Society of Composers, Authors and Music Publishers of Canada v Vidéotron Ltée, 2023 FC 1385, in which it concluded that it was not plain and obvious that the Court does not have jurisdiction over a dispute relating to royalties under the Copyright Act.

On October 3, 2023, the Federal Court of Canada (the Court) issued its decision in Bayer Inc. v BGP Pharma ULC (Viatris Canada), 2023 FC 1325, dismissing Bayer Inc. and Regeneron Pharmaceuticals, Inc.’s (collectively, the Applicants’) application for judicial review of a decision by the Minister of Health (the Minister), which found that a transfer of ownership allowed Biosimilar Collaborations Ireland Limited (BCIL) to become the successor on a New Drug Submission (NDS) and receive certain benefits under the Patented Medicines (Notice of Compliance) Regulations (the Regulations). This included benefiting from the prior service of a related Notice of Allegation (NOA) served by its predecessor, BGP Pharma ULC dba Viatris Canada (Viatris).

On October 12, 2023, the Government of Canada launched a Consultation on Copyright in the Age of Generative Artificial Intelligence (the Consultation), inviting stakeholders to submit feedback on matters related to copyright and artificial intelligence (AI).

On October 11, 2023, the Office of the Privacy Commissioner of Canada (OPC) launched a public consultation on draft guidance relating to the handling of biometric information for both public and private sector organizations.

On October 6, 2023, the Office of the Privacy Commissioner of Canada (OPC) announced the release of joint resolutions by Canada’s federal, provincial and territorial information and privacy authorities (collectively, the Regulators) calling for greater legal privacy protection for employees and young people. The announcement notes that each group is significantly vulnerable in its own way to the increasing influence of digital technologies.

On September 27, 2023, the Federal Court of Appeal (the Court) in Voltage Holdings, LLC v Doe #1, 2023 FCA 194, dismissed an appeal that sought to hold internet account holders whose IP addresses had been linked to copyright infringement activities liable for copyright infringement. The Court found that linking an IP address involved in infringing activities to the identity of an internet account holder was insufficient to prove that the account holder was the person responsible for the infringing activity associated with their account.

Changes are coming on December 1, 2023, to contentious trademark proceedings before the Canadian Intellectual Property Office (CIPO). The changes will shorten timelines for oppositions and summary cancellation (s. 45) proceedings.