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 Wallhttp://www.dww.com/articles/apple-fights-back-to-protect-consumer-privacy
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 Wallhttp://www.dww.com/articles/nexttofinal-eu-data-protection-regulations-published
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 Wallhttp://www.dww.com/articles/scc-to-hear-google-appeal-from-worldwide-injunction
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 Wallhttp://www.dww.com/articles/french-research-group-pledges-to-share-patent-benefits-indigenous-groups
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 Wallhttp://www.dww.com/articles/nonpayment-of-large-entity-fee-not-sufficient-to-hold-an-issued-patent-invalid
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 Wallhttp://www.dww.com/articles/crtc-affordable-television-to-begin-march-2016
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 Wallhttp://www.dww.com/articles/ontario-court-recognizes-new-privacy-tort-“public-disclosure-of-private-facts”
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 Wallhttp://www.dww.com/articles/eu-and-us-announce-“privacy-shield”-deal-details-forthcoming
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 Wallhttp://www.dww.com/articles/opposition-board-considers-effect-of-public-domain-use-on-trademark-distinctiveness
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 Wallhttp://www.dww.com/articles/associated-press-and-photographer-sued-for-selling-photograph-of-person-as-a-stock-photo
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 Wallhttp://www.dww.com/articles/us-department-of-commerce-publishes-white-paper-on-remixes-first-sale-and-statutory
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 Wallhttp://www.dww.com/articles/canadian-intellectual-property’s-notice-on-biological-sequence-listings
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 Wallhttp://www.dww.com/articles/apple-demanded-court-order-for-widow’s-access-to-husband’s-apple-id-password
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 Wallhttp://www.dww.com/articles/federal-court-quashes-minister-of-health’s-import-ban-against-apotex
On December 11, 2015, the Full Court of the Federal Court of Australia in Commissioner of Patents v RPL Central Pty Ltd,  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 Wallhttp://www.dww.com/articles/use-of-generic-software-and-hardware-does-not-make-schemesideas-patentable-says-australian
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 Wallhttp://www.dww.com/articles/federal-court-of-appeal-leaves-door-open-for-copyright-and-trademark-infringement-by
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 Wallhttp://www.dww.com/articles/etips®-newsletter’s-“2015-year-review”