New York State Enacts New Online Consumer Protection Law New York State Enacts New Online Consumer Protection Law

Information Technology
June 20, 2007June 20, 20072015-09-23
New York State continues to enact legislation aimed at protecting online consumers (see E-TIPS, Vol 5, No 8, October 11, 2006, "New York State Enacts Three Identity Theft Laws" for earlier examples).
Deeth Williams Wall https://www.dww.com/articles/new-york-state-enacts-new-online-consumer-protection-law

China Regulates Internet Cafes China Regulates Internet Cafes

Information Technology
June 20, 2007June 20, 20072015-09-23
Having the world's second-largest population of Internet users, 137 million people online, makes it a challenge for the government of the Peoples Republic of China (PRC) to regulate this level of activity.
Deeth Williams Wall https://www.dww.com/articles/china-regulates-internet-cafes

Movie Anti-Piracy Legislation Tabled in Parliament Movie Anti-Piracy Legislation Tabled in Parliament

Copyright
June 6, 2007June 6, 20072015-07-08
On June 1, 2007, the Canadian federal government introduced Bill C-59 in Parliament to criminalize unauthorized camcording in movie theatres.
Deeth Williams Wall https://www.dww.com/articles/movie-antipiracy-legislation-tabled-parliament

Amendments to Canada's Patent Rules Amendments to Canada's Patent Rules

Patents
June 6, 2007June 6, 20072015-07-08
On May 16, 2007, amendments to the Patent Rules (Rules), the Trade-marks Regulations (1996), the Industrial Design Regulations, the Integrated Circuit Topography Regulations, and the Copyright Regulations were published in the Canada Gazette, Part II.
Deeth Williams Wall https://www.dww.com/articles/amendments-to-canadas-patent-rules-0

Hong Kong Enacts New Anti-Spam Law Hong Kong Enacts New Anti-Spam Law

Information Technology
June 6, 2007June 6, 20072015-07-08
On June 1st., Hong Kong enacted a comprehensive law to combat spam and other forms of unsolicited advertising such as pre-recorded voice messages, faxes, and text messages. The Unsolicited Electronic Messages Ordinance (UEMO) will come into force in two phases. Phase I, which came into effect immediately, prohibits the use of electronic address harvesting software to send commercial messages to recipients without their consent, or to automatically generate electronic addresses to send unsolicited electronic commercial messages. Offences carry a maximu m penalty of a HKD$1 million fine (about CDN$138,000) and five years' imprisonment.
Deeth Williams Wall https://www.dww.com/articles/hong-kong-enacts-new-antispam-law

Online Gambling: Antigua and Barbuda Seeks Compensation from US after WTO Adopts Compliance Report Online Gambling: Antigua and Barbuda Seeks Compensation from US after WTO Adopts Compliance Report

Information Technology
June 6, 2007June 6, 20072015-07-08
On May 22, 2007, the World Trade Organization (WTO) formally adopted an earlier WTO Compliance Panel's report (WTO Report) regarding the gambling issues between the tiny Caribbean nation of Antigua and Barbuda and the USA. The WTO Report found that the measures taken by the US with respect to the cross-border provision of gambling and betting services are illegal restrictions under the WTO.
Deeth Williams Wall https://www.dww.com/articles/online-gambling-antigua-and-barbuda-seeks-compensation-from-us-after-wto-adopts-compliance

US Congress Moves to Expand FDA Powers in Monitoring Drug Safety US Congress Moves to Expand FDA Powers in Monitoring Drug Safety

Food and Drug
June 6, 2007June 6, 20072015-07-08
The US Senate has voted 93 to 1 to pass Bill S-1082, and renew the Prescription Drug User Fees Act (PDUFA), which would otherwise expire on September 30, 2007. Similar legislation is expected to be passed by the House of Representatives and become law, re-authorizing and extending the PDFUA until 2012.
Deeth Williams Wall https://www.dww.com/articles/us-congress-moves-to-expand-fda-powers-monitoring-drug-safety

Perfect 10 v Amazon Appeal Decision Handed Down Perfect 10 v Amazon Appeal Decision Handed Down

Patent Litigation
June 6, 2007June 6, 20072015-07-08
On May 16, 2007, the US Court of Appeals for the 9th Circuit (Court) handed down its decision in Perfect 10 v Amazon et al and related actions. Perfect 10 Inc (Perfect 10) had sued both Google Inc (Google) and Amazon.com Inc (Amazon) for copyright infringement by allegedly facilitating access to infringing photographic images. Google was sued because Perfect 10's protected works were displayed as thumbnails in Google search results, whereas Amazon was sued because its own search engine outsourced its queries to Google.
Deeth Williams Wall https://www.dww.com/articles/perfect-10-v-amazon-appeal-decision-handed-down

Amendments to Canada's Patent Rules Amendments to Canada's Patent Rules

Patents
June 6, 2007June 6, 20072015-07-08
On May 16, 2007, amendments to the Patent Rules (Rules), the Trade-marks Regulations (1996), the Industrial Design Regulations, the Integrated Circuit Topography Regulations, and the Copyright Regulations were published in the Canada Gazette, Part II. (Most of the amendments came into force on June 2, 2007. Sections 4, 5, 6, 8 and 9 of the Regulations amending the Trade-marks Regulations (1996), however, will come into force on October 1, 2007).
Deeth Williams Wall https://www.dww.com/articles/amendments-to-canadas-patent-rules

Federal Court of Appeal Rules on Abuse of Process and the PM(NOC) Regulations Federal Court of Appeal Rules on Abuse of Process and the PM(NOC) Regulations

Pharmaceutical Patent Litigation
June 6, 2007June 6, 20072015-07-08
In Sanofi-Aventis Canada Inc v Novopharm Limited (2007 FCA 163), a three-judge panel of the Federal Court of Appeal held by a 2-1 majority that it was an abuse of process for the holder of a pharmaceutical patent to defend an allegation by a generic manufacturer after the same allegation, made by a different generic manufacturer in an earlier proceeding, had been found to be justified.
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-appeal-rules-on-abuse-of-process-and-pmnoc-regulations

House of Lords Ruling on Publishing Photographs as a Breach of Confidence House of Lords Ruling on Publishing Photographs as a Breach of Confidence

Trade Secrets
May 23, 2007May 23, 20072015-07-08
On May 2, the English House of Lords decided Douglas et al v Hello! Limited et al [2007] UKHL 21, the end of a six-year battle between rivals OK! Magazine (OK) and Hello! Magazine (Hello) over the publication of photographs taken at a celebrity wedding at which all unauthorized photography had been banned.
Deeth Williams Wall https://www.dww.com/articles/house-of-lords-ruling-on-publishing-photographs-as-a-breach-of-confidence

US Court Finds No Prejudice in Google Search of Employment History US Court Finds No Prejudice in Google Search of Employment History

Litigation
May 23, 2007May 23, 20072015-07-08
A US court has declared no prejudice to a petitioner (Mullins) in a case in which an Administrative Judge of the United States Merit System Protection Board used Google to research Mullins' prior disciplinary hearings, where the knowledge did not affect the Judge's decision.
Deeth Williams Wall https://www.dww.com/articles/us-court-finds-no-prejudice-google-search-of-employment-history

CRTC Chair Proposes Lighter Regulation for Canadian Radio and TV Sector CRTC Chair Proposes Lighter Regulation for Canadian Radio and TV Sector

Telecommunications
May 23, 2007May 23, 20072015-07-08
In a recent speech to broadcasters, Konrad von Finckenstein, the newly-appointed Chair of the Canadian Radio-television and Telecommunications Commission (CRTC), suggested that in the future the CRTC will pursue "a lighter approach" to regulating Canadian radio and TV industries, so long as they provide support for Canadian programming.
Deeth Williams Wall https://www.dww.com/articles/crtc-chair-proposes-lighter-regulation-for-canadian-radio-and-tv-sector

Federal Court Reviews Canadian Law on Chemical Selection Patents Federal Court Reviews Canadian Law on Chemical Selection Patents

Patents
May 23, 2007May 23, 20072015-07-08
The Federal Court of Canada recently conducted a thorough review of the law relating to selection patents in the case of Eli Lilly Canada Inc v Apotex Inc, 2007 FC 455 (the Lilly case). An application was brought under the Patented Medicines (Notice of Compliance) Regulations to prevent the Minister from issuing a Notice of Compliance (NOC) to Apotex Inc (Apotex) for olanzapine, an antipsychotic drug marketed by Eli Lilly Canada Inc (Lilly) under the brand name ZYPREXA.
Deeth Williams Wall https://www.dww.com/articles/federal-court-reviews-canadian-law-on-chemical-selection-patents

Federal Government to Change Canadian Copyright Law to Reduce Movie Theatre Piracy Federal Government to Change Canadian Copyright Law to Reduce Movie Theatre Piracy

Copyright
May 23, 2007May 23, 20072015-09-23
The federal government has recently announced plans to make it a crime to use hand-held video cameras to copy movies in theatres. This initiative will be seen by many observers as a response to Hollywood lobbying and the recent Warner Brothers announcement that it will cancel sneak preview screenings in Canada.
Deeth Williams Wall https://www.dww.com/articles/federal-government-to-change-canadian-copyright-law-to-reduce-movie-theatre-piracy

EPO Patent Ruling will not affect prior UK Patent Judgments: English Court of Appeal EPO Patent Ruling will not affect prior UK Patent Judgments: English Court of Appeal

Patents
May 23, 2007May 23, 20072015-09-23
In a recent decision of the English Court of Appeal (Unilin Beheer BV v Berry Floor NV et al, 2007 EWCA Civ 364), the interplay between parallel patent proceedings at both the national and international level was explored. A European patent was litigated in the UK, and was simultaneously opposed through the European Patent Office (EPO) process. In the UK litigation, the patent was held to be valid and infringed, and all avenues of appeal were exhausted. The defendant raised the argument that if via the pending EPO process the patent were held to be invalid, it should not have to pay any damages or costs, despite the UK judgment.
Deeth Williams Wall https://www.dww.com/articles/epo-patent-ruling-will-not-affect-prior-uk-patent-judgments-english-court-of-appeal

Parliamentary Committee Recommends Breach Notification, Other Changes to Canada's Privacy Laws Parliamentary Committee Recommends Breach Notification, Other Changes to Canada's Privacy Laws

Privacy
May 9, 2007May 9, 20072015-07-08
A House of Commons committee has recommended that Canadian businesses should notify their customers of data breaches. The Standing Committee on Access to Information, Privacy and Ethics (Committee) tabled its review of the Personal Information Protection and Electronic Documents Act (PIPEDA) on May 2, having heard dozens of witnesses give testimony over a period of several months.
Deeth Williams Wall https://www.dww.com/articles/parliamentary-committee-recommends-breach-notification-other-changes-to-canadas-privacy

US Supreme Court Rules on Issue of Obviousness in Patent Law US Supreme Court Rules on Issue of Obviousness in Patent Law

Patents
May 9, 2007May 9, 20072015-07-08
The United States Supreme Court (Court) has overturned a decision of the US Court of Appeals for the Federal Circuit (Federal Circuit Court) on the issue of obviousness: KSR International v Teleflex Inc, US Supreme Court No 04-1350 (2007).
Deeth Williams Wall https://www.dww.com/articles/us-supreme-court-rules-on-issue-of-obviousness-patent-law

Attempt to Re-litigate is Ruled an Abuse of Process in NOC Proceedings Attempt to Re-litigate is Ruled an Abuse of Process in NOC Proceedings

Pharmaceutical Patent Litigation
May 9, 2007May 9, 20072015-07-08
By a 2-1 majority decision (Sanofi-Aventis Canada Inc v Novopharm Limited et al, 2007 FCA 163), the Federal Court of Appeal has ruled that it is an abuse of process under section 6(5)(b) of the Patented Medicines (NOC) Regulations for a holder of a pharmaceutical patent to attempt to re-litigate an allegation of invalidity made by a generic manufacturer, when that same allegation of invalidity has been found to be justified in a previous prohibition proceeding against another generic manufacturer.
Deeth Williams Wall https://www.dww.com/articles/attempt-to-relitigate-ruled-an-abuse-of-process-noc-proceedings

US Supreme Court: Microsoft Not Liable for Patent Infringement for Foreign-made Copies of AT&T's US-Patented Software US Supreme Court: Microsoft Not Liable for Patent Infringement for Foreign-made Copies of AT&T's US-Paten...

Patents
May 9, 2007May 9, 20072015-07-08
Ordinarily, US patent law does not apply outside American borders. However, a provision of the US Patent Act (35 USC §271(f)) prohibits the export of components of US-patented inventions from the United States. This was intended to prevent American companies from manufacturing components of US-patented inventions in the United States and then shipping them overseas for final assembly and use in foreign markets.
Deeth Williams Wall https://www.dww.com/articles/us-supreme-court-microsoft-not-liable-for-patent-infringement-for-foreignmade-copies-of

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