On May 11, 2016, the Privacy Commissioner of Canada announced the launch of a public consultation to review the current consent model under Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA).
Deeth Williams Wallhttp://www.dww.com/articles/privacy-commissioner-of-canada-publishes-notice-of-consultation-to-review-current-consent
In Keatley Surveying v Teranet, 2016 ONSC 1717, the Ontario Superior Court of Justice (the Court) granted a motion for summary judgement dismissing a class action against Teranet Inc. (Teranet), which is the organization responsible for managing Ontario’s land registry system. The issue addressed in the class action was whether Teranet’s copying and selling of survey documents infringed the copyright of surveyors who created and registered such documents within the land registry system.
Deeth Williams Wallhttp://www.dww.com/articles/court-dismisses-class-action-against-teranet
The Federal Court recently released a Notice to the Parties and the Profession: Case Management Guidelines for NOC Applications (the Notice) providing guidance on case management of proceedings under the Patented Medicines (Notice of Compliance) Regulations (PM(NOC) proceedings). The Notice provides the following:
1. Hearing Duration
Deeth Williams Wallhttp://www.dww.com/articles/federal-court-releases-updated-case-management-guidelines-for-pmnoc-proceedings
In a press release published May 19, 2016, Health Canada and the Canadian Food Inspection Agency announced that genetically modified (GMO) salmon developed by AquaBounty Technologies, Inc. (AquaBounty) has been approved for sale as food in Canada. This follows the U.S. Food and Drug Administration’s approval for the sale of the salmon product in the U.S. in November 2015.
Deeth Williams Wallhttp://www.dww.com/articles/want-nongmo-salmon-go-fish
In Maltz v Witterick, 2016 FC 524, the Federal Court (the Court) dismissed claims for infringement of copyright and moral rights, on the grounds that there is no copyright in historical facts contained in the Applicants’ documentary film. The Court found that facts, whether characterized as “small facts” or “large facts”, are not protected by copyright. Rather, copyright exists in the expression of facts through an exercise of skill and judgment.
Deeth Williams Wallhttp://www.dww.com/articles/federal-court-rejects-copyright-claim-based-on-copying-historical-facts
On May 4, 2016, Hélène David, Québec’s acting Minister of Culture and Communications and Minister Responsible for the Protection and Promotion of French Language, proposed draft regulations to require English-only trademarks appearing on signs or posters outside buildings and structures in Québec to be accompanied by the presence of French language.
Deeth Williams Wallhttp://www.dww.com/articles/québec-proposes-regulations-requiring-french-language-to-accompany-english-trademarks
A recent public opinion survey prepared for the Office of the Privacy Commissioner of Canada by Phoenix Strategic Perspectives Inc (Phoenix) found that many Canadian businesses see privacy as important, but do not necessarily satisfy their privacy obligations under the Personal Information Protection and Electronics Documents Act.
Deeth Williams Wallhttp://www.dww.com/articles/survey-finds-many-businesses-lack-privacy-basics
On May 4, 2016, the USPTO issued guidance materials for patent examiners to assess patent subject matter eligibility. The guidance materials focus on (i) how examiners should formulate a subject matter eligibility rejection and (ii) how examiners should evaluate an applicant’s response to a rejection.
Deeth Williams Wallhttp://www.dww.com/articles/uspto-updates-subject-matter-eligibility-guidance-materials
On April 26, 2016, in Re Nortel Networks Corporation (2016 ONSC 2732), the Ontario Superior Court of Justice granted Nortel’s summary judgment motion and found Nortel not liable for copyright infringement in relation to the sale of SNMP’s software under the Companies’ Creditors Arrangement Act (CCAA).
Deeth Williams Wallhttp://www.dww.com/articles/ontario-court-finds-no-liability-for-infringement-by-nortel-software-sale
On May 5, 2016, in re Facebook Biometric Information Privacy Litigation, (No 3:15-CV-03747-JD) the US District Court of the Northern District of California denied Facebook Inc’s motions for dismissal and summary judgment on the basis that the plaintiffs had stated a plausible claim for relief under the State of Illinois’s Biometric Information Privacy Act (BIPA).
Deeth Williams Wallhttp://www.dww.com/articles/us-district-court-denies-facebook’s-motions-facescanning-privacy-case
In late April 2016, the Beijing Higher People’s Court ruled in favour of social media giant Facebook following a trademark dispute involving Zhujiang Beverage, a Chinese beverage company.
In 2011, Zhujiang Beverage applied to register the trademark “face book” or “lian shu”, the Chinese translation, for its milk-flavored drinks and porridge. Facebook objected to the registration, but in 2014 China’s Trademark Review and Adjudication Board approved Zhujiang’s “face book” trademark.
Deeth Williams Wallhttp://www.dww.com/articles/facebook-wins-trademark-dispute-against-chinese-beverage-company-china
On April 20, 2016, Canada’s Federal Court of Appeal (FCA) released its judgment in Mylan Pharmaceuticals ULC v Eli Lilly Canada Inc, 2016 FCA 119, dismissing an appeal by Mylan Pharmaceuticals ULC (Mylan) from an order prohibiting regulatory approval of Mylan’s generic version of the Eli Lilly Canada Inc (Lilly) drug CIALIS® (tadalafil) until the expiry of Canadian Patent No. 2,226,784 (the 784 Patent).
Deeth Williams Wallhttp://www.dww.com/articles/canadian-federal-court-of-appeal-considers-key-patent-law-issues
On April 6, 2016, Canada’s Federal Court (FC) released its judgment in The Winning Combination Inc v Canada (Minister of Health), 2016 FC 381, allowing an application for judicial review brought by The Winning Combination Inc (TWC) from a series of decisions by Health Canada refusing TWC a product licence under the Natural Health Product Regulations for TWC’s product Resolve® (RESOLVE), a smoking cessation aid.
Deeth Williams Wallhttp://www.dww.com/articles/federal-court-of-canada-orders-health-canada-to-issue-nhp-product-licence
On April 27, 2016, the US House of Representatives passed the Hatch-Coons Defend Trade Secrets Act of 2016 (DTSA), which modifies the Economic Espionage Act by creating a private civil right of action for trade secret misappropriation. The DTSA, which has been publically supported by the Obama administration, now goes to the White House for signature.
Deeth Williams Wallhttp://www.dww.com/articles/us-federal-trade-secret-laws-approved-by-congress-next-step-toward-uniform-trade-secrets
On April 19, 2016, the Canada’s Commissioner of Competition (Commissioner) announced that an investigation by the Competition Bureau (Bureau) into Google Inc (Google) for abuse of dominance contrary to the Competition Act had been discontinued. The investigation, commenced in 2013, centred on Google’s online search, search advertising, and display advertising services in Canada.
Deeth Williams Wallhttp://www.dww.com/articles/canadian-competition-bureau-ends-investigation-of-google
On April 21, 2016, the Ontario Superior Court of Justice released the decision of Harper J in John Stevens v Glennis Walsh, affirming a Small Claims Court finding that the unauthorized disclosure of a co-worker’s personal information to third parties was an intrusion upon seclusion.
Deeth Williams Wallhttp://www.dww.com/articles/ontario-superior-court-of-justice-affirms-award-for-tort-of-intrusion-upon-seclusion
On April 22, 2016, Health Canada issued a notice (Notice) describing how it is managing safety updates for therapeutic products when a serious health risk is identified under the Protecting Canadians from Unsafe Drugs Act (Vanessa's Law).
Deeth Williams Wallhttp://www.dww.com/articles/health-canada-issues-notice-on-management-of-safety-updates-under-vanessa’s-law
On February 18, 2016, the Canadian Federal Court released its decision in Specialty Software Inc v BEWATEC Kommunikationstechnik GmbH, 2016 FC 223, which deals with trade-marks registered for use in connection with cloud-based software (sometimes called software-as-a-service).
Deeth Williams Wallhttp://www.dww.com/articles/federal-court-comments-on-trademark-registrations-for-cloudbased-software
On March 21, 2016, Barnes J of the Canadian Federal Court upheld a Prothonotary’s decision allowing Gilead’s quia timet infringement action against Teva regarding its tenofovir disoproxil (TDF) products (Gilead’s TRUVADA®, ATRIPLA® and VIREAD®) in Gilead Sciences, Inc v Teva Canada Limited, 2016 FC 336, affirming 2016 FC 31.
Deeth Williams Wallhttp://www.dww.com/articles/strong-possibility-of-future-infringement-satisfies-imminence-requirement-gilead’s-quia