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 Wallhttp://www.dww.com/articles/chinese-high-court-reduces-trademark-infringement-damages-against-new-balance-by-almost-95
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 Wallhttp://www.dww.com/articles/your-website-aoda-compliant
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 Wallhttp://www.dww.com/articles/are-eu-having-a-laugh-–-uncertainty-follows-wake-of-brexit
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 Wallhttp://www.dww.com/articles/government-of-canada-launches-task-force-and-public-consultation-for-a-new-system
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 Wallhttp://www.dww.com/articles/patent-and-trademark-agent-regulatory-framework-consultation
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 Wallhttp://www.dww.com/articles/call-for-legal-framework-reform-patented-medicine-prices-review-board-reconsiders-canada’s
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 Wallhttp://www.dww.com/articles/canada-now-recognizes-patent-and-trademark-agent-privilege
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 Wallhttp://www.dww.com/articles/bell-canada-obtains-interlocutory-injunction-against-defendants-selling-settop-boxes
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 Wallhttp://www.dww.com/articles/jericho-petitions-us-supreme-court-for-judicial-review-of-patent-eligibility-of-computer
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 Wallhttp://www.dww.com/articles/us-supreme-court-sets-guidelines-of-‘objective-reasonableness’-for-awarding-attorneys’
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 Wallhttp://www.dww.com/articles/canadian-intellectual-property-office-consults-on-proposed-adjustments-to-patent-and
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 Wallhttp://www.dww.com/articles/office-of-privacy-commissioner-of-canada-enters-a-new-international-agreement-a-fight
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 Wallhttp://www.dww.com/articles/canada’s-federal-court-of-appeal-sets-aside-teva’s-venlafaxine-section-8-award-for
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 Wallhttp://www.dww.com/articles/quebec-superior-court-considers-ideaexpression-dichotomy-and-rejects-copyright
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 Wallhttp://www.dww.com/articles/us-supreme-court-rejects-“unduly-rigid”-test-for-awarding-enhanced-patent-damages
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 Wallhttp://www.dww.com/articles/european-union-adopts-new-directive-on-trade-secrets
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 Wallhttp://www.dww.com/articles/canada’s-competition-tribunal-orders-toronto-real-estate-board-to-remove-anticompetitive