Health Canada Releases Revised Guidance Document Re Drug Name Review Health Canada Releases Revised Guidance Document Re Drug Name Review

Food and Drug
November 23, 2005November 23, 20052015-07-08
Health Canada recently released a revised Guidance Document entitled "Drug Name Review: Look-alike Sound-alike (LA/SA) Health Product Names". The document is intended to clarify the way information and material related to proposed drug names submitted by drug companies is handled by the Health Products and Food Branch.
Deeth Williams Wall https://www.dww.com/articles/health-canada-releases-revised-guidance-document-re-drug-name-review

Small Entity Patent Bill in Force February 1, 2006 Small Entity Patent Bill in Force February 1, 2006

Patents
November 23, 2005November 23, 20052015-07-08
The Canadian Intellectual Property Office (CIPO) has announced that the small entity remedial provisions of Bill C-29 will come into force on February 1, 2006. Patent owners will have 12 months from that date to make any top-up payments in order to remedy underpaid fees (including payments mistakenly paid at a small entity rate). Case law in Canada had declared that it was impossible to make such top-up payments in the ordinary course, forcing the Government to enact a special regime to allow patent owners to secure their patent protection. Canadian patents can be held invalid for underpaid fees.
Deeth Williams Wall https://www.dww.com/articles/small-entity-patent-bill-force-february-1-2006

Canadian Human Rights Commission Gains Injunction over Internet Communications in Hate Crimes Case Canadian Human Rights Commission Gains Injunction over Internet Communications in Hate Crimes Case

Information Technology
November 23, 2005November 23, 20052015-09-23
The Federal Court of Canada, Trial Division, has issued an injunction against an individual, prohibiting him from communicating hate propaganda over the Internet while a complaint against him is pending before the Canadian Human Rights Commission (CHRC).
Deeth Williams Wall https://www.dww.com/articles/canadian-human-rights-commission-gains-injunction-over-internet-communications-hate-crimes

US Courts Reject Applications for Cell Phone Surveillance: The Cell Phone as Tracking Device US Courts Reject Applications for Cell Phone Surveillance: The Cell Phone as Tracking Device

Litigation
November 9, 2005November 9, 20052015-07-08
Recently, two US lower courts considered whether the threshold of evidence required to obtain an order allowing cell phone surveillance should be equivalent to or greater than that required for a land line surveillance order.
Deeth Williams Wall https://www.dww.com/articles/us-courts-reject-applications-for-cell-phone-surveillance-cell-phone-as-tracking-device

The US Patent Board Lowers Bar for Patenting Business Methods The US Patent Board Lowers Bar for Patenting Business Methods

Patents
November 9, 2005November 9, 20052015-07-08
In a precedent setting decision, Ex Parte Lundgren, the United States Board of Patent Appeals and Interferences (Patent Board) has opened the field wider for business method patents. In the Lundgren decision, the Patent Board reversed the USPTO-imposed "technological arts" test that had been used to narrow somewhat the issue of these patents.
Deeth Williams Wall https://www.dww.com/articles/us-patent-board-lowers-bar-for-patenting-business-methods

First Decision under Ontario's New Health Information Legislation First Decision under Ontario's New Health Information Legislation

Information Technology
November 9, 2005November 9, 20052015-07-08
The Information and Privacy Commissioner of Ontario (Commissioner) launched an investigation last month after receiving word from a reporter for the Toronto Star that patient records containing personal health information had been strewn about the streets of a downtown Toronto intersection during a movie shoot. The incident brought into play the provisions of Ontario's new Personal Health Information Protection Act, 2004, (PHIPA).
Deeth Williams Wall https://www.dww.com/articles/first-decision-under-ontarios-new-health-information-legislation

A Cheese by Any Other Name … Geographic Origin Revisited by EU A Cheese by Any Other Name … Geographic Origin Revisited by EU

Information Technology
November 9, 2005November 9, 20052015-07-08
The European Court of Justice (ECJ), the European Union's highest court, has ruled that "feta" is a traditional Greek name and should enjoy protection within the 25-nation Community.
Deeth Williams Wall https://www.dww.com/articles/a-cheese-by-any-other-name-%E2%80%A6-geographic-origin-revisited-by-eu

US Copyright Suit against Google Over Copyright in French Headlines US Copyright Suit against Google Over Copyright in French Headlines

Copyright
November 9, 2005November 9, 20052015-07-08
Agence France-Presse (AFP) has filed a copyright infringement suit against Google in US District Court after Google put AFP headlines, photos and article leads on the Google News web page, http://news.google.com. AFP is seeking US$17 million in damages and an injunction barring Google from further publishing its news stories and photos.
Deeth Williams Wall https://www.dww.com/articles/us-copyright-suit-against-google-over-copyright-french-headlines

Nightclub's Scanning of ID Found to Violate Alberta's Privacy Legislation Nightclub's Scanning of ID Found to Violate Alberta's Privacy Legislation

Privacy
November 9, 2005November 9, 20052015-09-23
The Alberta Privacy Commissioner has found that the scanning of patrons' identification at the door of a nightclub violates the province's Personal Information Protection Act (PIPA). The report concluded that purposes for which the personal information was collected were not reasonable, contrary to section 11 of PIPA.
Deeth Williams Wall https://www.dww.com/articles/nightclubs-scanning-of-id-found-to-violate-albertas-privacy-legislation

Electronic Self-Help by a Party Litigant Brings the Ultimate Sanction: Case Dismissed Electronic Self-Help by a Party Litigant Brings the Ultimate Sanction: Case Dismissed

Information Technology
November 9, 2005November 9, 20052015-09-23
In a recent case in the Ontario Superior Court of Justice, Autosurvey Inc v Prevost et al, the plaintiff (Autosurvey) took the surprising and unusual step of hacking into the server of the defendant (Prevost) while legal proceedings were pending between them.
Deeth Williams Wall https://www.dww.com/articles/electronic-selfhelp-by-a-party-litigant-brings-ultimate-sanction-case-dismissed

House of Lords Clarifies Implications of Prior Art in UK Patent Law House of Lords Clarifies Implications of Prior Art in UK Patent Law

Patents
October 26, 2005October 26, 20052015-09-23
In its judgment dated October 20, 2005 in a patent dispute between Synthon BV (Synthon) and Smithkline Beecham plc (SkB) regarding the invention of paroxetine methanosulfate, the House of Lords found that Synthon's earlier unpublished application did anticipate SkB's patent, making the latter invalid. The decision restored the original trial decision by the High Court, later reversed by the Court of Appeal.
Deeth Williams Wall https://www.dww.com/articles/house-of-lords-clarifies-implications-of-prior-art-uk-patent-law

Bank Customers Entitled to Actual Notice of Account Activity under New York Law: A Result Influenced by Electronic Funds Transfer Bank Customers Entitled to Actual Notice of Account Activity under New York Law: A Result Influenced by E...

Payments
October 26, 2005October 26, 20052015-07-08
In a case of first impression (Regatos v North Fork Bank), the New York State Court of Appeals has upheld a lower court finding that a foreign customer who has so-called "hold mail" arrangements with his New York bank (allowing the bank not to mail account statements to the customer until requested to do so) is not precluded from claiming that the bank improperly paid on fraudulent cheques merely because the bank's standard form customer agreement requires the customer to notify the bank of account irregularities immediately.
Deeth Williams Wall https://www.dww.com/articles/bank-customers-entitled-to-actual-notice-of-account-activity-under-new-york-law-a-result

Federal Privacy Commissioner Says 'YES' to Outsourcing Federal Privacy Commissioner Says 'YES' to Outsourcing

Privacy
October 26, 2005October 26, 20052015-07-08
The federal Privacy Commissioner has found that a Canadian bank that outsourced the processing of credit card transactions to a US-based service provider complied with the requirement to provide a "comparable level of protection" under the Personal Information Protection and Electronic Documents Act (PIPEDA).
Deeth Williams Wall https://www.dww.com/articles/federal-privacy-commissioner-says-yes-to-outsourcing

A Call for IP Reform from a Prominent NGO A Call for IP Reform from a Prominent NGO

Intellectual Property
October 26, 2005October 26, 20052015-07-08
Another non-government organization is calling for more open intellectual property systems worldwide. The UK-based Royal Society for the Encouragement of Arts, Manufacture and Commerce (RSA) has released a statement called the Adelphi Charter which outlines how the international community could and should change domestic and international intellectual property laws to better serve the public interest.
Deeth Williams Wall https://www.dww.com/articles/a-call-for-ip-reform-from-a-prominent-ngo

Google's Print Library Project Courts Copyright Controversy Google's Print Library Project Courts Copyright Controversy

Copyright
October 26, 2005October 26, 20052015-07-08
In the spirit of the Great Library of Alexandria, Google Inc (Google) has embarked on an ambitious program to collect as much as possible of the world's book knowledge and make it full-text searchable via the Internet. This program, called the Google Print program, has two components.
Deeth Williams Wall https://www.dww.com/articles/googles-print-library-project-courts-copyright-controversy

Extending US Wiretap Law to Universities' Internet Connections Brings Protest over High Cost Extending US Wiretap Law to Universities' Internet Connections Brings Protest over High Cost

Information Technology
October 26, 2005October 26, 20052015-07-08
By administrative order from the Federal Communications Commission (FCC), a 1994 law, the Communications Assistance for Law Enforcement Act (CALEA), has been extended to a number of intermediate agencies such as libraries, airports and universities. The effect will be to require these institutions to alter their networks so that enforcement agencies can intercept communications to their members who customarily make their Internet connections via the institutions' facilities.
Deeth Williams Wall https://www.dww.com/articles/extending-us-wiretap-law-to-universities-internet-connections-brings-protest-over-high

EU Data Retention Plans Heat Up EU Data Retention Plans Heat Up

Privacy
October 26, 2005October 26, 20052015-07-08
The European Union recently proposed harmonized data retention rules requiring telecommunication service providers to collect and store telephone traffic data for up to one year and Internet traffic data on all subscribers for up to six months. The data would be accessible by law enforcement agencies from other member states on request. Currently, the majority of the European Union's 25 member states have no mandatory data retention legislation, while half of those who do have such policies have not put in place all the laws needed to enforce the rules. Those that do have data retention schemes differ in their required retention scope and period.
Deeth Williams Wall https://www.dww.com/articles/eu-data-retention-plans-heat-up

USPTO Pilot Program for Outsourcing Patent Cooperation Treaty Searches USPTO Pilot Program for Outsourcing Patent Cooperation Treaty Searches

Patents
October 12, 2005October 12, 20052015-07-08
The United States Patent and Trademark Office (USPTO) recently announced that it had awarded contracts under its Patent Cooperation Treaty (PCT) search pilot program to Landon IP Inc, and IP Data Miner Inc. According to the USPTO's news release, the pilot program will determine "whether searches by commercial entities can maintain the accuracy and quality standards for searches conducted by the USPTO during the patent examination process". The goal is to help the USPTO find an effective solution to deal with its patent examination backlog.
Deeth Williams Wall https://www.dww.com/articles/uspto-pilot-program-for-outsourcing-patent-cooperation-treaty-searches

US Opposes Call for Shared Control of Internet US Opposes Call for Shared Control of Internet

Information Technology
October 12, 2005October 12, 20052015-07-08
The United Nations Working Group on Internet Governance (WGIG) has issued a report calling for an end to the pre-eminent position of the US in the management of the Internet.
Deeth Williams Wall https://www.dww.com/articles/us-opposes-call-for-shared-control-of-internet

US Data Security Bill Expected to Reach Committee Vote Shortly US Data Security Bill Expected to Reach Committee Vote Shortly

Cybersecurity
October 12, 2005October 12, 20052015-07-08
The US Senate recently introduced an amended version of the Personal Data Security and Privacy Act, a bill which would establish minimum security and privacy requirements and enhance penalties for security breaches involving personal data. The bill was first introduced in June 2005 by Senator Arlen Specter, a Pennsylvania Republican, and Senator Patrick Leahy, a Vermont Democrat, in response to a series of high-profile security breaches involving firms like ChoicePoint, Bank of America, PayMaxx and LexisNexis.
Deeth Williams Wall https://www.dww.com/articles/us-data-security-bill-expected-to-reach-committee-vote-shortly

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.

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