Chinese High Court Reduces Trademark Infringement Damages against New Balance by Almost 95% on Appeal Chinese High Court Reduces Trademark Infringement Damages against New Balance by Almost 95% on Appeal

Trademark
July 27, 2016July 27, 20162016-07-27
On June 23, 2016, the Guangdong High Court of China (the High Court) released its decision in New Balance Trade (China) Co, Ltd v Zhou Lelun.  In this decision, the High Court upheld the lower court’s decision finding the Chinese affiliate of New Balance to be liable for trademark infringement of the registered trademark 新百伦 (Xin Bai Lun)
Deeth Williams Wall http://www.dww.com/articles/chinese-high-court-reduces-trademark-infringement-damages-against-new-balance-by-almost-95

Is Your Website AODA Compliant? Is Your Website AODA Compliant?

Information Technology
July 13, 2016July 13, 20162016-07-13
Pursuant to the Integrated Accessibility Standards (IAS), a regulation under the Accessibility for Ontarians with Disabilities Act, 2005 (AODA), the Government of Ontario and the Ontario Legislative Assembly’s internet websites and web contents** are required to be compliant with the level of conformance designated as AA* in the Web Content Accessibility Guidelines (WCAG) 2.0.   This compliance standard wil
Deeth Williams Wall http://www.dww.com/articles/your-website-aoda-compliant

Are EU Having a Laugh – Uncertainty Follows in the Wake of Brexit Are EU Having a Laugh – Uncertainty Follows in the Wake of Brexit

Information Technology
July 13, 2016July 13, 20162016-07-13
The United Kingdom (UK) European Union (EU) membership referendum, colloquially referred to as the Brexit referendum, took place on Thursday, June 23, 2016.  The UK (consisting of England, Wales, Scotland and Northern Ireland) voted in favour of leaving the EU.  In order to do so, however, the UK must trigger Article 50 of The Treaty on European Union., which has yet to happen.
Deeth Williams Wall http://www.dww.com/articles/are-eu-having-a-laugh-–-uncertainty-follows-wake-of-brexit

Government of Canada Launches Task Force and Public Consultation for a New System Governing Access to Legalized Marijuana Government of Canada Launches Task Force and Public Consultation for a New System Governing Access to Leg...

Food and Drug
July 13, 2016July 13, 20162016-07-13
On June 30, 2016, the Government of Canada announced the creation of a task force and a public consultation period to advise regulators about the crafting of new processes to govern access to legalized marijuana.
Deeth Williams Wall http://www.dww.com/articles/government-of-canada-launches-task-force-and-public-consultation-for-a-new-system

Bill C-11 Receives Royal Assent, Facilitating Access to Copyrighted Works for Persons with Perceptual Disabilities Bill C-11 Receives Royal Assent, Facilitating Access to Copyrighted Works for Persons with Perceptual Dis...

Copyright
July 13, 2016July 13, 20162016-07-13
Bill C-11, entitled an Act to amend the Copyright Act (access to copyrighted works or other subject-matter for persons with perceptual disabilities), received royal assent on June 22, 2016. 
Deeth Williams Wall http://www.dww.com/articles/bill-c11-receives-royal-assent-facilitating-access-to-copyrighted-works-for-persons

Patent and Trademark Agent Regulatory Framework Consultation Patent and Trademark Agent Regulatory Framework Consultation

Regulatory Law
July 13, 2016July 13, 20162016-07-13
The Canadian Intellectual Property Office (CIPO) is seeking comments from the public about governance models to administer a proposed draft code of conduct for the Intellectual Property (IP) profession.  The consultation seeks to build on the Modernizing the IP Community report, which resulted in statutory protection for confidential communications between intellectual property agents and their clients.
Deeth Williams Wall http://www.dww.com/articles/patent-and-trademark-agent-regulatory-framework-consultation

Call for Legal Framework Reform: Patented Medicine Prices Review Board Reconsiders Canada’s Drug Pricing Guidelines Call for Legal Framework Reform: Patented Medicine Prices Review Board Reconsiders Canada’s Drug Pricing ...

Intellectual Property
July 13, 2016July 13, 20162016-07-13
On June 24, 2014, the Patented Medicine Prices Review Board (PMPRB) announced a public consultation initiative in an effort to modernize its Compendium of Policies, Guidelines and Procedures (the Guidelines).  The public consultation is the first phase in a process seeking to encourage better accessibility and affordability of patented drugs.
Deeth Williams Wall http://www.dww.com/articles/call-for-legal-framework-reform-patented-medicine-prices-review-board-reconsiders-canada’s

Canada Now Recognizes Patent and Trademark Agent Privilege Canada Now Recognizes Patent and Trademark Agent Privilege

Intellectual Property
June 29, 2016June 29, 20162016-06-29
On June 24, 2016, statutory provisions concerning patent and trademark agent privilege came into force in Canada (see section 16.1 of the Patent Act and section 51.13 of the Trade-marks Act).  As we previously reported in the E-TIPS® Newsletter, these provisions protect confid
Deeth Williams Wall http://www.dww.com/articles/canada-now-recognizes-patent-and-trademark-agent-privilege

The US Supreme Court Upholds Federal Circuit’s Decision in Cuozzo The US Supreme Court Upholds Federal Circuit’s Decision in Cuozzo

Patent
June 29, 2016June 29, 20162016-06-29
On June 20, 2016, the United States Supreme Court (the Court) issued its opinion in Cuozzo Speed Technologies, LLC v Lee (No.
Deeth Williams Wall http://www.dww.com/articles/us-supreme-court-upholds-federal-circuit’s-decision-cuozzo

Bell Canada Obtains Interlocutory Injunction Against Defendants Selling Set-top Boxes Bell Canada Obtains Interlocutory Injunction Against Defendants Selling Set-top Boxes

Copyright
June 29, 2016June 29, 20162016-07-12
On June 1, 2016, the Federal Court ordered an interlocutory injunction against the defendants in Bell Canada v 1326030 Ontario Inc, 2016 FC 612, from engaging in a number of activities relating to the distribution of set-top boxes pre-loaded with applications for accessing free online streaming websites.
Deeth Williams Wall http://www.dww.com/articles/bell-canada-obtains-interlocutory-injunction-against-defendants-selling-settop-boxes

Jericho Petitions US Supreme Court for Judicial Review of Patent Eligibility of Computer Implemented Method Jericho Petitions US Supreme Court for Judicial Review of Patent Eligibility of Computer Implemented Meth...

Patent
June 29, 2016June 29, 20162016-06-29
In a Petition for a Writ of Certiorari, Jericho Systems Corporation (Jericho) petitioned the Supreme Court of the United States for judicial review of a decision of the United States Court of Appeals for the Federal Circuit (CAFC) affirming a
Deeth Williams Wall http://www.dww.com/articles/jericho-petitions-us-supreme-court-for-judicial-review-of-patent-eligibility-of-computer

US Supreme Court Sets Guidelines of ‘Objective Reasonableness’ for Awarding Attorneys’ Fees in Copyright Infringement Cases US Supreme Court Sets Guidelines of ‘Objective Reasonableness’ for Awarding Attorneys’ Fees in Copyright ...

Copyright
June 29, 2016June 29, 20162016-06-29
On June 16, 2016 in a unanimous decision, the US Supreme Court in Kirtsaeng v John Wiley & Sons held that lower courts must take into account all the circumstances of a case in their own terms when awarding attorneys’ fees. Section 505 of the US Copyright Act states that a district court may “award a reasonable attorney’s fee to the prevailing party”, without specifying appropriate standards.
Deeth Williams Wall http://www.dww.com/articles/us-supreme-court-sets-guidelines-of-‘objective-reasonableness’-for-awarding-attorneys’

Canadian Intellectual Property Office Consults on Proposed Adjustments to Patent and Trademark Fees Canadian Intellectual Property Office Consults on Proposed Adjustments to Patent and Trademark Fees

Intellectual Property
June 29, 2016June 29, 20162016-06-29
On June 6, 2016, the Canadian Intellectual Property Office (CIPO) opened consultations on its proposed adjustments to the current trademark and patent fees (see CIPO’s Announcement).  The deadline to submit comments is July 5, 2016.  The proposed adjustments resulted from Canada’s recent amendments to the Trade-marks Act and Patent Act to implement the Patent Law Treaty, Madrid Protocol, Singapore Treaty and Nice Agreement.
Deeth Williams Wall http://www.dww.com/articles/canadian-intellectual-property-office-consults-on-proposed-adjustments-to-patent-and

The Office of the Privacy Commissioner of Canada Enters a New International Agreement in a Fight Against Spam and Unsolicited Messages The Office of the Privacy Commissioner of Canada Enters a New International Agreement in a Fight Against ...

Privacy
June 29, 2016June 29, 20162016-06-29
On June 14, 2016, the Office of the Privacy Commissioner of Canada (OPC) announced it has joined a new international Memorandum of Understanding (MoU) agreement in a fight against unsolicited calls and electronic messages, to further implement its mandate under Canada’s Anti-Spam Legislation.
Deeth Williams Wall http://www.dww.com/articles/office-of-privacy-commissioner-of-canada-enters-a-new-international-agreement-a-fight

Canada’s Federal Court of Appeal Sets Aside Teva’s Venlafaxine Section 8 Award for Improper Reliance on Hearsay Evidence Canada’s Federal Court of Appeal Sets Aside Teva’s Venlafaxine Section 8 Award for Improper Reliance on H...

Pharmaceutical Patent Litigation
June 15, 2016June 15, 20162016-06-15
On May 31, 2016, Canada’s Federal Court of Appeal (FCA) overturned a decision of Zinn J of the Federal Court awarding Teva Canada Limited (Teva) Section 8 damages to compensate for the statutory delay triggered by Pfizer Canada Inc.’s (Pfizer) application under the Patented Medicines (Notice of Compliance) Regulations concerning Teva’s venlafaxine hydrochloride products (Pfizer’s EFFEXOR XR®) (Pfizer Canada Inc v Teva Canada Limited, 2016 FCA 161; rev’g
Deeth Williams Wall http://www.dww.com/articles/canada’s-federal-court-of-appeal-sets-aside-teva’s-venlafaxine-section-8-award-for

Quebec Superior Court Considers Idea/Expression Dichotomy and Rejects Copyright Infringement of Software Source Code Quebec Superior Court Considers Idea/Expression Dichotomy and Rejects Copyright Infringement of Software ...

Copyright
June 15, 2016June 15, 20162016-06-15
In Biocad Médical Inc c Panthera Dentaire Inc, 2015 QCCS 6555 (Google English translation), the Québec Superior Court (the Court) dismissed the plaintiffs’ claims for copyright infringement of software for the design of dental implants.  The plaintiffs alleged that the defendants reproduced a substantial part of the software’s source code, contrary to the Copyright Act (Act
Deeth Williams Wall http://www.dww.com/articles/quebec-superior-court-considers-ideaexpression-dichotomy-and-rejects-copyright

US Supreme Court Rejects “Unduly Rigid” Test for Awarding Enhanced Patent Damages US Supreme Court Rejects “Unduly Rigid” Test for Awarding Enhanced Patent Damages

Patent
June 15, 2016June 15, 20162016-06-15
On June 13, 2016, in Halo Electronics, Inc. v. Pulse Electronics, Inc., the US Supreme Court (the Court) rejected the Federal Circuit’s two-part Seagate test for awarding enhanced patent damages under 35 USC § 284 as being “unduly rigid”.  The Court held that both the substantive requirement for “objective recklessness” and the “clear and convincing” standard of proof required by Seagate were inconsistent with the intent of the statute.
Deeth Williams Wall http://www.dww.com/articles/us-supreme-court-rejects-“unduly-rigid”-test-for-awarding-enhanced-patent-damages

US Supreme Court to Review Whether an Apparel Design can Obtain Copyright Protection US Supreme Court to Review Whether an Apparel Design can Obtain Copyright Protection

Copyright
June 15, 2016June 15, 20162016-06-15
On May 2, 2016, the US Supreme Court granted certiorari in Star Athletica LLC v. Varsity Brands Inc. (84 USLW 3407, US, May 2, 2016 (No.
Deeth Williams Wall http://www.dww.com/articles/us-supreme-court-to-review-whether-an-apparel-design-can-obtain-copyright-protection

European Union Adopts New Directive on Trade Secrets European Union Adopts New Directive on Trade Secrets

Trade-secret
June 15, 2016June 15, 20162016-06-15
On May 27, 2016, the Council of the European Union (EU) adopted a Directive which sets out rules for the protection of trade secrets and confidential information owned by EU companies. Member states have two years to incorporate the Directive into domestic law.
Deeth Williams Wall http://www.dww.com/articles/european-union-adopts-new-directive-on-trade-secrets

Canada’s Competition Tribunal Orders Toronto Real Estate Board to Remove Anti-Competitive Restrictions on Virtual Office Websites Canada’s Competition Tribunal Orders Toronto Real Estate Board to Remove Anti-Competitive Restrictions on...

Information Technology
June 15, 2016June 15, 20162016-06-15
On June 3, 2016, Canada’s Competition Tribunal issued an Order lifting Toronto Real Estate Board’s (TREB) restrictions on its member agents’ access to important data, including historical listings and sale prices, for display online through virtual office websites.  This Order followed the reasons issued by the Competition Tribunal (Tribunal) on April 27, 2016, concluding that TREB had abused its dominant position in the Toronto residentia
Deeth Williams Wall http://www.dww.com/articles/canada’s-competition-tribunal-orders-toronto-real-estate-board-to-remove-anticompetitive