Federal Court Releases Major Decision on Mandatory Tariffs and Fair Dealing Under the Copyright Act Federal Court Releases Major Decision on Mandatory Tariffs and Fair Dealing Under the Copyright Act

Trademark and Copyright Litigation
July 26, 2017July 26, 20172017-07-26
On July 12, 2017, the Federal Court released its decision in The Canadian Copyright Licensing Agency (“Access Copyright”) v York University, 2017 FC 669.
Deeth Williams Wall http://www.dww.com/articles/federal-court-releases-major-decision-on-mandatory-tariffs-and-fair-dealing-under

Federal Court Rules that Complaint Website Infringes Trademarks and Copyright Federal Court Rules that Complaint Website Infringes Trademarks and Copyright

Trademark and Copyright Litigation
July 26, 2017July 26, 20172017-07-26
On June 23, 2017, the Federal Court held that the defendant, Dr Jeremy Cooperstock, had infringed United Airlines’ trademarks and copyright on his complaint website, Untied.com, which published consumer complaints against the plaintiff, United Airlines (Reasons for Judgment: 2017 FC 616
Deeth Williams Wall http://www.dww.com/articles/federal-court-rules-complaint-website-infringes-trademarks-and-copyright

Mandatory Reporting of Privacy Breaches to Ontario’s Information and Privacy Commissioner to Take Effect Under the Personal Health Information Protection Act Mandatory Reporting of Privacy Breaches to Ontario’s Information and Privacy Commissioner to Take Effect ...

Privacy
July 26, 2017July 26, 20172017-07-26
In June 2017, the Ontario government published its amended Regulations to the Personal Health Information Protection Act
Deeth Williams Wall http://www.dww.com/articles/mandatory-reporting-of-privacy-breaches-to-ontario%E2%80%99s-information-and-privacy-commissioner

UK Supreme Court Adopts Doctrine of Equivalents for Patent Infringement UK Supreme Court Adopts Doctrine of Equivalents for Patent Infringement

Patent Litigation
July 26, 2017July 26, 20172017-07-26
On July 12, 2017, in Actavis UK Limited v Eli Lilly ([2017] UKSC 48) the UK Supreme Court adopted the doctrine of equivalents for patent infringement.
Deeth Williams Wall http://www.dww.com/articles/uk-supreme-court-adopts-doctrine-of-equivalents-for-patent-infringement

UK Steps Toward Unitary Patent (UP) and Unified Patent Court (UPC) UK Steps Toward Unitary Patent (UP) and Unified Patent Court (UPC)

Patent
July 26, 2017July 26, 20172017-07-26
On July 6, 2017 the UK became the ninth Country to agree to the Protocol on Provisional Application (PPA), which is an essential step towards formation of the UPC. The PPA allows for a provisional application phase prior to the UPC Agreement itself coming fully into force.
Deeth Williams Wall http://www.dww.com/articles/uk-steps-toward-unitary-patent-up-and-unified-patent-court-upc

Canadian Food Inspection Agency Proposes Changes to the Beer Standard Canadian Food Inspection Agency Proposes Changes to the Beer Standard

Regulatory Law
July 26, 2017July 26, 20172017-07-26
On June 17, 2017, the Canadian Food Inspection Agency (CFIA) published a Notice of Intent to amend the Food and Drug Regulations to update the b
Deeth Williams Wall http://www.dww.com/articles/canadian-food-inspection-agency-proposes-changes-to-beer-standard

Ten “Must-Knows” about Proposed Amendments to Canada’s Pharmaceutical Patent Linkage Regulations Ten “Must-Knows” about Proposed Amendments to Canada’s Pharmaceutical Patent Linkage Regulations

Pharmaceutical Patent Litigation
July 24, 2017July 24, 20172017-07-24
Ten “Must-Knows” about Proposed Amendments to Canada’s Pharmaceutical Patent Linkage Regulations
Deeth Williams Wall http://www.dww.com/articles/ten-%E2%80%9Cmustknows%E2%80%9D-about-proposed-amendments-to-canada%E2%80%99s-pharmaceutical-patent-linkage

Supreme Court of Canada Rejects “Promise Doctrine” When Determining Patent Utility Supreme Court of Canada Rejects “Promise Doctrine” When Determining Patent Utility

Patent
July 12, 2017July 12, 20172017-07-13
On June 30, 2017, in AstraZeneca Canada Inc v Apotex Inc (AstraZeneca, 2017 SCC 36), the Supreme Court of Canada (SCC) rejected the Promise Doctrine as the correct approach to determine patent utility.
Deeth Williams Wall http://www.dww.com/articles/supreme-court-of-canada-rejects-%E2%80%9Cpromise-doctrine%E2%80%9D-when-determining-patent-utility

The Internet Has No Borders: Supreme Court of Canada Upholds Worldwide Interlocutory Injunction Against Google The Internet Has No Borders: Supreme Court of Canada Upholds Worldwide Interlocutory Injunction Against G...

Information Technology
July 12, 2017July 12, 20172017-07-12
On June 28, 2017, in Google In. v Equustek Solutions Inc (2017 SCC 34), the Supreme Court of Canada (SCC) upheld a worldwide interlocutory injunction ordering Google to de-index its search engine results of several websites used to sell infringing products that violated Equustek’s intellectual property rights.
Deeth Williams Wall http://www.dww.com/articles/internet-has-no-borders-supreme-court-of-canada-upholds-worldwide-interlocutory-injunction

Supreme Court of Canada Considers Enforceability of Forum Selection Clause in Douez v Facebook Supreme Court of Canada Considers Enforceability of Forum Selection Clause in Douez v Facebook

Information Technology
July 12, 2017July 12, 20172017-07-12
On June 23, 2017, the Supreme Court of Canada (SCC) released its decision in Douez v Facebook, Inc, 2017 SCC 33, refusing to enforce the forum selection clause contained in Facebook Inc’s (Facebook) terms of service. As pr
Deeth Williams Wall http://www.dww.com/articles/supreme-court-of-canada-considers-enforceability-of-forum-selection-clause-douez-v

Dow Chemical Awarded CAD$645M in Patent Infringement Case Against Nova Chemical Dow Chemical Awarded CAD$645M in Patent Infringement Case Against Nova Chemical

Patent Litigation
July 12, 2017July 12, 20172017-07-12
On July 5, 2017, the Federal Court of Canada (FC) issued a Supplemental Judgement and Reasons (2017 FC 637) to decide issues concerning the quantum of damages and profits payable Nova Chemicals Corporation (Nova) to Dow Chemical Company (Dow) in respect of an earlier patent infringement finding.
Deeth Williams Wall http://www.dww.com/articles/dow-chemical-awarded-cad645m-patent-infringement-case-against-nova-chemical

Provisional Application of CETA Set for September 21, 2017 Provisional Application of CETA Set for September 21, 2017

Pharmaceutical Patent Litigation
July 12, 2017July 12, 20172017-07-12
On July 8, 2017, the Prime Minister of Canada and the President of the European Commission issued a joint statement setting September 21, 2017 as the new provisional application date for the Comprehensive Economic and Trade Agreement
Deeth Williams Wall http://www.dww.com/articles/provisional-application-of-ceta-set-for-september-21-2017

Canadian Intellectual Property Office Publishes Draft Trademark and Industrial Design Regulations Canadian Intellectual Property Office Publishes Draft Trademark and Industrial Design Regulations

Trademark
June 28, 2017June 28, 20172017-06-28
On June 19, 2017, the Canadian Intellectual Property Office (the Office) published draft regulations under the Trade-marks Act and the Industrial Design Act for consultation with the public. The draft regulations implement various legislative amendments passed in 2014 and 2015. The amendments constitute significant changes to Canadian practice, including the implementation of the international requests for trademark and industrial design protection under the Madrid Protocol and the Hague Agreement.
Deeth Williams Wall http://www.dww.com/articles/canadian-intellectual-property-office-publishes-draft-trademark-and-industrial-design

Government of Canada Announces Consultations for the Renegotiation of the North American Free Trade Agreement Government of Canada Announces Consultations for the Renegotiation of the North American Free Trade Agree...

Intellectual Property
June 28, 2017June 28, 20172017-06-28
On June 3, 2017, the Government of Canada announced the commencement of consultations for the renegotiation and modernization of the North American Free Trade Agreement (NAFTA), and invited concerned parties to make written submissions by July 18, 2017.
Deeth Williams Wall http://www.dww.com/articles/government-of-canada-announces-consultations-for-renegotiation-of-north-american-free

Supreme Court of the United States Finds Prohibition on Registration of Offensive Names Unconstitutional Supreme Court of the United States Finds Prohibition on Registration of Offensive Names Unconstitutional

Trademark
June 28, 2017June 28, 20172017-06-28
In Matal v Tam, the Supreme Court of the United States (the Court) unanimously found that section 2(a) of the Lanham Act was unconstitutional for violating a person’s First Amendment rights under the US Constitution. 
Deeth Williams Wall http://www.dww.com/articles/supreme-court-of-united-states-finds-prohibition-on-registration-of-offensive-names

Captain Morgan Sails Away with the Treasure in Trademark Infringement Case Captain Morgan Sails Away with the Treasure in Trademark Infringement Case

Trademark
June 28, 2017June 28, 20172017-06-28
On June 12, 2017, the Federal Court (the Court) issued its judgment in Diageo Canada Inc v Heaven Hill Distilleries Inc et al, 2017 FC 571, a passing off and trademark infringement action. In this case, the Court awarded Diageo Canada Inc. (Diageo) costs, damages and a permanent injunction restraining Heaven Hill Distilleries Inc. et al (Heaven Hill) from using the Admiral Nelson’s character and labels in Canada, an example of which is shown below. 
Deeth Williams Wall http://www.dww.com/articles/captain-morgan-sails-away-treasure-trademark-infringement-case

US District Court Dismisses Copyright Infringement Suit Against Drake Based on Finding of Fair Use US District Court Dismisses Copyright Infringement Suit Against Drake Based on Finding of Fair Use

Copyright
June 28, 2017June 28, 20172017-06-28
On May 30th, 2017, the United States District Court for the Southern District of New York (the Court) granted the defendant’s motion for summary judgment in Estate of James Oscar Smith v Cash Money Records, Inc. In its decision, the Court found that the song "Pound Cake/Paris Morton Music 2", released in 2013 by Aubrey Drake Graham (Drake), fairly sampled the 1982 spoken-word recording of jazz musician James Oscar Smith (Jimmy Smith), entitled "Jimmy Smith Ra
Deeth Williams Wall http://www.dww.com/articles/us-district-court-dismisses-copyright-infringement-suit-against-drake-based-on-finding-of

Federal Court Dismisses Patent Infringement Action Due to Speculative Statement of Claim Federal Court Dismisses Patent Infringement Action Due to Speculative Statement of Claim

Patent Litigation
June 28, 2017June 28, 20172017-06-28
On June 12, 2017, the Federal Court (the Court) ordered that the plaintiff’s amended statement of claim be struck, and that the patent infringement action be dismissed, on the basis that the claim disclosed no reasonable cause of action and was an abuse of process (Mostar Directional Technologies Inc v Drill-Tek Corporation, 2017 FC 575).
Deeth Williams Wall http://www.dww.com/articles/federal-court-dismisses-patent-infringement-action-due-to-speculative-statement-of-claim