Facebook fined €100,000 by German Court Facebook fined €100,000 by German Court

Privacy
March 9, 2016March 9, 20162016-03-09
On February 29, 2015, the Berlin Regional Court fined Facebook, Inc (Facebook) €100,000 after an affiliate failed to make court-ordered changes to its terms and conditions for German users.
Deeth Williams Wall http://www.dww.com/articles/facebook-fined-€100000-by-german-court

Apple Fights Back to Protect Consumer Privacy Apple Fights Back to Protect Consumer Privacy

Privacy
February 24, 2016February 24, 20162016-02-24
On February 16, 2016, United States Magistrate Judge Sheri Pym ordered Apple Inc to assist law enforcement agents in searching an encrypted smartphone made by Apple that was seized in the course of executing a search warrant. The court’s order requires Apple to provide a custom version of its operating system, iOS, to allow investigators to repeatedly try different passwords without being locked out after a certain number of attempts, or the device wiping itself.
Deeth Williams Wall http://www.dww.com/articles/apple-fights-back-to-protect-consumer-privacy

Next-to-Final EU Data Protection Regulations Published Next-to-Final EU Data Protection Regulations Published

Regulatory Law
February 24, 2016February 24, 20162016-02-24
The E-TIPS® newsletter previously reported that the Council of the European Union and the European Parliament had informally agreed to new data protection rules to reform the data protection regulations in the EU.  Although the official text of the EU General Data Protection Regulations (GDPR) has yet to be finalized, the version agreed upon on December 15, 2015 has been published by
Deeth Williams Wall http://www.dww.com/articles/nexttofinal-eu-data-protection-regulations-published

SCC to Hear Google Appeal from Worldwide Injunction SCC to Hear Google Appeal from Worldwide Injunction

Trade-secret
February 24, 2016February 24, 20162016-02-24
On February 18, 2016, the Supreme Court of Canada (SCC) granted Google Inc leave to appeal from a decision of the British Columbia Court of Appeal (BCCA) that upheld an interim injunction restraining Google - a non-party in the underlying action - from indexing the defendants’ websites on Google’s global search engine, google.com.  The plaintiffs claim that the defendants created a product by misappropriating their trade secrets and a
Deeth Williams Wall http://www.dww.com/articles/scc-to-hear-google-appeal-from-worldwide-injunction

French Research Group Pledges to Share Patent Benefits with Indigenous Groups French Research Group Pledges to Share Patent Benefits with Indigenous Groups

Patent
February 24, 2016February 24, 20162016-02-24
On February 5, 2016, the Institute for Development Research (IRD), based in Marseille, France, released a statement that it is pledging to share benefits from the isolation of a plant compound in French Guiana found to have anti-malaria activity. The statement comes after the IRD was criticised for patenting the compound without acknowledging the indigenous populations who led IRD researchers to the plant.
Deeth Williams Wall http://www.dww.com/articles/french-research-group-pledges-to-share-patent-benefits-indigenous-groups

Nonpayment of Large Entity Fee Not Sufficient to Hold an Issued Patent Invalid Nonpayment of Large Entity Fee Not Sufficient to Hold an Issued Patent Invalid

Patent
February 24, 2016February 24, 20162016-02-24
On February 4, 2016, in Apotex Inc v Pfizer Inc, 2016 FC 136, the Federal Court refused to grant Apotex summary judgment motion to declare Pfizer’s 1,339,132 (the ‘132 Patent) patent invalid. The issue raised in this motion was whether the failure to submit proper patent application fees invalidates a granted patent. The Court that held that a patent that is issued because of an administrative error is not invalidated by that administrative error.
Deeth Williams Wall http://www.dww.com/articles/nonpayment-of-large-entity-fee-not-sufficient-to-hold-an-issued-patent-invalid

CRTC: Affordable Television to Begin March 2016 CRTC: Affordable Television to Begin March 2016

Regulatory Law
February 24, 2016February 24, 20162016-02-24
On February 17, 2016, the Canadian Radio-Television and Telecommunications Commission (CRTC) issued an information bulletin reminding telecommunication companies that they must promote the new mandated affordable television options. As of March 1, 2016, Canadians will now have the option to subscribe to a basic “skinny” cable priced at no more than $25 per month, in addition to subscribing to channels on an individual “pick-and-pay” basis, or small bundles of channels.
Deeth Williams Wall http://www.dww.com/articles/crtc-affordable-television-to-begin-march-2016

Ontario Court Recognizes New Privacy Tort: “Public Disclosure of Private Facts” Ontario Court Recognizes New Privacy Tort: “Public Disclosure of Private Facts”

Privacy
February 10, 2016February 10, 20162016-02-10
On January 21, 2016, Justice Stinson of the Ontario Superior Court of Justice released his decision in Doe 464533 v N D, 2016 ONSC 541, finding the defendant liable in tort for posting an intimate video of the plaintiff to a pornography website and showing the video to acquaintances without the plaintiff’s knowledge or consent.  This decision marks the first recognition by a Canadian court of liability in tort for breach of privacy by “public disclosure of private facts”.
Deeth Williams Wall http://www.dww.com/articles/ontario-court-recognizes-new-privacy-tort-“public-disclosure-of-private-facts”

EU and US Announce “Privacy Shield” Deal, Details Forthcoming EU and US Announce “Privacy Shield” Deal, Details Forthcoming

Privacy
February 10, 2016February 10, 20162016-02-10
On February 2, 2016, the European Commission (EC), United States (US) Department of Commerce, and the US Federal Trade Commission announced “political agreement” on a new privacy framework for protecting the personal data of individuals in EC member states when their data is transferred to, or accessed from, the U
Deeth Williams Wall http://www.dww.com/articles/eu-and-us-announce-“privacy-shield”-deal-details-forthcoming

Update: Leave to Appeal to SCC in Pharma Cases Update: Leave to Appeal to SCC in Pharma Cases

Patent
February 10, 2016February 10, 20162016-02-10
Sandoz seeks leave to appeal FCA decision finding authorized generics within PMPRB’s jurisdiction
Deeth Williams Wall http://www.dww.com/articles/update-leave-to-appeal-to-scc-pharma-cases

Opposition Board Considers Effect of Public Domain Use on Trade-mark Distinctiveness Opposition Board Considers Effect of Public Domain Use on Trade-mark Distinctiveness

Trademark
February 10, 2016February 10, 20162016-02-10
In Fédération Étudiante Collégiale du Québec v Drapeau (2015 TMOB 233), the Trade-marks Opposition Board (Board) refused an application to register a trade-mark consisting of a red square on which is pinned a gold safety pin (the mark).  The application was opposed by Fédération Étudiante Collégiale du Quebec (Fédération), which argued that the mark was not distinctive as it had been used extensively by third parties as a symbol of revolutions, demonstrations and protests.
Deeth Williams Wall http://www.dww.com/articles/opposition-board-considers-effect-of-public-domain-use-on-trademark-distinctiveness

Associated Press and Photographer Sued for Selling Photograph of Person as a Stock Photo Associated Press and Photographer Sued for Selling Photograph of Person as a Stock Photo

Privacy
February 10, 2016February 10, 20162016-02-10
On December 16, 2015, Fifi Youssef was photographed by photographer Mark Lennihan while looking down at her cellphone in a Starbucks.  Youssef was wearing a hijab.  The photo was subsequently made available for license on the Associated Press (AP) website as a stock image and classified by the keywords “hijab”, “Muslim” and “Islam”.  On December 21, 2015 the Washington Post licensed the photo and used it in a piece entitled “
Deeth Williams Wall http://www.dww.com/articles/associated-press-and-photographer-sued-for-selling-photograph-of-person-as-a-stock-photo

US Department of Commerce Publishes White Paper on Remixes, First Sale, and Statutory Damages US Department of Commerce Publishes White Paper on Remixes, First Sale, and Statutory Damages

Copyright
February 10, 2016February 10, 20162016-02-10
On January 28, 2016, the US Department of Commerce’s Internet Policy Task Force (Task Force) issued a white paper addressing three copyright issues in the online context: remixes; the first sale doctrine; and the assessment of statutory damages.
Deeth Williams Wall http://www.dww.com/articles/us-department-of-commerce-publishes-white-paper-on-remixes-first-sale-and-statutory

Canadian Intellectual Property’s Notice on Biological Sequence Listings Canadian Intellectual Property’s Notice on Biological Sequence Listings

Patent
January 27, 2016January 27, 20162016-01-27
On September 22, 2015, the Canadian Intellectual Property Office (CIPO) published an updated notice on biological sequence listings. The update states that for new applications entering the national phase in Canada, CIPO will automatically obtain biological sequence listings from the description submitted to the World Intellectual Property Organization (WIPO) during the international phase of the application.
Deeth Williams Wall http://www.dww.com/articles/canadian-intellectual-property’s-notice-on-biological-sequence-listings

Apple Demanded Court Order for Widow’s Access to Husband’s Apple ID Password Apple Demanded Court Order for Widow’s Access to Husband’s Apple ID Password

Privacy
January 27, 2016January 27, 20162016-01-27
Following the death of David Bush in August of 2015, his widow, 72-year old Victoria, B.C. resident Peggy Bush, was outraged when Apple demanded that she get a court order in order to obtain access to apps on the couple’s iPad.
Deeth Williams Wall http://www.dww.com/articles/apple-demanded-court-order-for-widow’s-access-to-husband’s-apple-id-password

Federal Court Quashes Minister of Health’s Import Ban Against Apotex Federal Court Quashes Minister of Health’s Import Ban Against Apotex

Regulatory Law
January 27, 2016January 27, 20162016-01-27
On October 14, 2015, in Apotex Inc v Canada (Health), 2015 FC 1161, the Federal Court quashed the Minister of Health’s import ban against Apotex, which had prevented Apotex from importing drug products into Canada from its manufacturing facilities located in India. The Court held that the Minister did not afford Apotex adequate procedural fairness and that the Minister’s decision was unreasonable and incorrect.
Deeth Williams Wall http://www.dww.com/articles/federal-court-quashes-minister-of-health’s-import-ban-against-apotex

Use of Generic Software and Hardware Does Not Make Schemes/Ideas Patentable Says Australian Federal Court Use of Generic Software and Hardware Does Not Make Schemes/Ideas Patentable Says Australian Federal Court

Patent
January 27, 2016January 27, 20162016-01-27
On December 11, 2015, the Full Court of the Federal Court of Australia in Commissioner of Patents v RPL Central Pty Ltd, [2015] FCAFC 177, confirmed that a “scheme”, “idea”, “abstract idea” or “business method” implemented on a generic computer, using standard software and hardware, is unpatentable.  As one might expect, the court did not attempt to define any of these terms or to distinguish them, for example, from patentable methods.
Deeth Williams Wall http://www.dww.com/articles/use-of-generic-software-and-hardware-does-not-make-schemesideas-patentable-says-australian

New EU Data Protection Regulations Agreed Upon New EU Data Protection Regulations Agreed Upon

Privacy
January 27, 2016January 27, 20162016-01-27
The Council of the European Union and the European Parliament have informally agreed to new data protection rules that will reform current data protection regulations in the EU. 
Deeth Williams Wall http://www.dww.com/articles/new-eu-data-protection-regulations-agreed-upon

Federal Court of Appeal Leaves Door Open for Copyright and Trademark Infringement by Metatags Federal Court of Appeal Leaves Door Open for Copyright and Trademark Infringement by Metatags

Copyright
January 27, 2016January 27, 20162016-01-27
On December 18, 2015, the Federal Court of Appeal (FCA) delivered its judgment in Red Label Vacations Inc (Redtag.ca) v 411 Travel Buys Limited (2015 FCA 290), in which the FCA panel dismissed the appeal of a decision in which Redtag.ca had unsuccessfully alleged copyright and trademark infringement based on a competitor’s unauthorized use of the metatags contai
Deeth Williams Wall http://www.dww.com/articles/federal-court-of-appeal-leaves-door-open-for-copyright-and-trademark-infringement-by

E-TIPS® Newsletter’s “2015: Year in Review” E-TIPS® Newsletter’s “2015: Year in Review”

Intellectual Property
January 13, 2016January 13, 20162016-01-13
Thank you for your readership over the last year and welcome to what is sure to be an exciting 2016!  In this year’s first issue of E-TIPS® newsletter, we will recap our most noteworthy reports from 2015 covering developments in IP and IT law.  We’ll start with a selection of our “Top Stories” and follow with a summary of the “Legislative and Treaty Developments” we have tracked over the last year.
Deeth Williams Wall http://www.dww.com/articles/etips®-newsletter’s-“2015-year-review”