OECD Issues Comprehensive Report on Canadian Pharmaceutical Pricing and Reimbursement Policies OECD Issues Comprehensive Report on Canadian Pharmaceutical Pricing and Reimbursement Policies

Food and Drug
January 31, 2007January 31, 20072015-07-08
On December 22, 2006, the Organisation for Economic Co-operation and Development (OECD) issued a report on Canada's pharmaceutical pricing and reimbursement policies. The report is the first in a series of case studies describing and analyzing the pharmaceutical policies of selected OECD countries with a view to evaluating the impact of those policies.
Deeth Williams Wall https://www.dww.com/articles/oecd-issues-comprehensive-report-on-canadian-pharmaceutical-pricing-and-reimbursement

US Supreme Court Gives a Gift to Patent Licensees US Supreme Court Gives a Gift to Patent Licensees

Patents
January 31, 2007January 31, 20072015-07-08
With its much anticipated decision in MedImmune v Genentech, the US Supreme Court has paved the way for licensees to challenge the validity of the patents they license (for a summary of the issues in dispute see E-TIPS®, "Does a US Patent Licensee Have Standing to Invalidate its Licensor's Patent?" Vol 5, No 9, October 25, 2006).
Deeth Williams Wall https://www.dww.com/articles/us-supreme-court-gives-a-gift-to-patent-licensees

CIPPIC Urges Canadian Privacy Commissioner to Investigate Customer Data Security Breach by Winners CIPPIC Urges Canadian Privacy Commissioner to Investigate Customer Data Security Breach by Winners

Cybersecurity
January 31, 2007January 31, 20072015-07-08
It appears that a recent widespread data security breach will attract the attention of federal privacy officials in Canada. The Canadian Internet Policy and Public Interest Clinic (CIPPIC) has filed a complaint with the Privacy Commissioner of Canada (Commissioner) under section 11 of the Personal Information Protection and Electronic Documents Act (PIPEDA) asking the Commissioner to investigate the security breach which was widely reported to have exposed personal information of customers of Winners Merchants International LP (Winners) in Canada.
Deeth Williams Wall https://www.dww.com/articles/cippic-urges-canadian-privacy-commissioner-to-investigate-customer-data-security-breach-by

US Court Grapples With the Definition of "About" US Court Grapples With the Definition of "About"

Litigation
January 31, 2007January 31, 20072015-09-23
Earlier this month, the US Court of Appeals for the Federal Circuit dismissed an appeal of a summary judgment decision involving Claim 6 of US Patent No. 5,336,691, owned by Ortho-McNeil Pharmaceutical Inc (Ortho), a claim for a combination of two known pain relievers, tramadol and acetaminophen at a ratio of "about 1:5".
Deeth Williams Wall https://www.dww.com/articles/us-court-grapples-definition-of-about

Canadian Copyright Act Changes Could Reduce Consumers' Rights to Content Canadian Copyright Act Changes Could Reduce Consumers' Rights to Content

Copyright
January 31, 2007January 31, 20072015-09-23
Unless the Conservative Government creates new fair use or fair dealing provisions, proposed changes to the Canadian Copyright Act could make it illegal for consumers to record TV shows to view later at home, or copy music from their CDs to MP3 players.
Deeth Williams Wall https://www.dww.com/articles/canadian-copyright-act-changes-could-reduce-consumers-rights-to-content

Clock Winds Down on Deadline to Make Small Entity "Top-Up" Fee Payments to CIPO Clock Winds Down on Deadline to Make Small Entity "Top-Up" Fee Payments to CIPO

Intellectual Property
January 31, 2007January 31, 20072015-09-23
When the small entity remedial provisions of Bill C-29 came into force on February 1, 2006, patent owners were given 12 months from that date to make any top-up payments to remedy underpaid fees (including payments mistakenly paid at a small entity rate).
Deeth Williams Wall https://www.dww.com/articles/clock-winds-down-on-deadline-to-make-small-entity-topup-fee-payments-to-cipo

Outsourcing and Other Cross-Border Data Transfers Outsourcing and Other Cross-Border Data Transfers

Outsourcing
January 23, 2007January 23, 20072015-07-08
Outsourcing and Other Cross-Border Data Transfers (PDF Format) By Jason M. Young
Deeth Williams Wall https://www.dww.com/articles/outsourcing-and-other-crossborder-data-transfers

Ontario Enacts Anti-Gambling Advertising Legislation Ontario Enacts Anti-Gambling Advertising Legislation

Information Technology
December 20, 2006December 20, 20062015-07-08
On December 12, 2006, the Ontario Legislature enacted legislation to amend the Consumer Protection Act, 2002 (Act). Included in the amendments is a prohibition on the advertising of an "internet gaming site" that is operated contrary to the Criminal Code. For the purposes of the section stating the prohibition, advertising means advertising that originates in Ontario or is primarily intended for Ontario residents and includes providing a link to an Internet gaming site for the purpose of promoting use of the site.
Deeth Williams Wall https://www.dww.com/articles/ontario-enacts-antigambling-advertising-legislation

US Database Rates Travellers for Terrorist Potential US Database Rates Travellers for Terrorist Potential

Privacy
December 20, 2006December 20, 20062015-07-08
For the past four years, the US Department of Homeland Security (DHS) has been secretly assigning computer-generated scores to US domestic and international travellers through what is called an Automated Targeting System (ATS). These scores are an attempt to measure the risk posed by each traveller for committing terrorist or criminal activities.
Deeth Williams Wall https://www.dww.com/articles/us-database-rates-travellers-for-terrorist-potential

Federal Court of Canada Discusses Internet Jurisdictional Issues Federal Court of Canada Discusses Internet Jurisdictional Issues

Litigation
December 20, 2006December 20, 20062015-07-08
The Federal Court of Canada recently addressed the issue of Internet jurisdiction in Desjean v Intermix Media Inc (2006 FC 1395), a case involving an allegation that the defendant (Intermix) violated the misleading representations provisions of the Competition Act by bundling without disclosure "spyware" or "adware" with free software offered on various web sites. The Intermix head office was located in California and it had no servers, bank accounts, or employees in Canada, nor did it target Canadian consumers.
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-canada-discusses-internet-jurisdictional-issues

The Next Chapter of Change in the Telecom Sector Announced by the Canadian Government The Next Chapter of Change in the Telecom Sector Announced by the Canadian Government

Telecommunications
December 20, 2006December 20, 20062015-09-23
As predicted in an earlier issue of E-TIPS® ("Fundamental Changes Looming in Canadian Telecom Policy", Vol 4, No 19, March 29, 2006), the current Canadian government is continuing to implement changes recommended by the Telecommunications Review Panel which are consistent with the government's own strategic goal of reducing regulation in the telecommunications sector.
Deeth Williams Wall https://www.dww.com/articles/next-chapter-of-change-telecom-sector-announced-by-canadian-government

US Close to Making Pretexting a Federal Crime US Close to Making Pretexting a Federal Crime

Cybersecurity
December 20, 2006December 20, 20062015-09-23
Just before the holiday recess, the US Senate outlawed the practice of "pretexting", that is, inducing telephone carriers to divulge the calling records of private individuals. Entitled the Law Enforcement and Phone Privacy Protection Act, the legislation provides maximum penalties of 10-year prison sentences and fines of $500,000.
Deeth Williams Wall https://www.dww.com/articles/us-close-to-making-pretexting-a-federal-crime

UK Gowers Review of Intellectual Property Released UK Gowers Review of Intellectual Property Released

Intellectual Property
December 20, 2006December 20, 20062015-09-23
A UK government-commissioned but independently prepared Gowers Review of Intellectual Property (Review) was released on December 1 and has received a generally positive reception from interested parties.
Deeth Williams Wall https://www.dww.com/articles/uk-gowers-review-of-intellectual-property-released

Google Challenges Traditional Radio Advertising Paradigm Google Challenges Traditional Radio Advertising Paradigm

Intellectual Property
December 20, 2006December 20, 20062015-07-08
Google Inc (Google), through an online market-making service, facilitated by its purchase of DMarc Broadcasting early in 2006, is allowing small advertisers to penetrate into the radio market in what Goggle sees as an easy-to-manage and affordable way. It does this by removing the middleman, typically the radio station's advertising department, and by using online auctions to let advertisers bid on radio time. The first radio ad resulting from this program played at the beginning of December.
Deeth Williams Wall https://www.dww.com/articles/google-challenges-traditional-radio-advertising-paradigm

Abuse of Canadian Abuse-of-Patent Provisions? Abuse of Canadian Abuse-of-Patent Provisions?

Patents
December 6, 2006December 6, 20062015-07-08
In the latest chapter of a drawn-out legal battle (involving 16 proceedings in the Federal Court) over the enalapril compound (an "ACE" inhibitor used in the treatment of hypertension and congestive heart failure), Brantford Chemicals Inc (Brantford) unsuccessfully appealed a decision of the Commissioner of Patents to the Federal Court. The Commissioner of Patents decision had denied the grant of a compulsory license from Merck & Co Inc (Merck).
Deeth Williams Wall https://www.dww.com/articles/abuse-of-canadian-abuseofpatent-provisions

US Supreme Court Tackles Issue of Obviousness US Supreme Court Tackles Issue of Obviousness

Litigation
December 6, 2006December 6, 20062015-07-08
On November 28th, the United States Supreme Court heard arguments in the case of KSR International Co v Teleflex, Inc (04-1350), potentially one of the most important US patent cases to be decided in the past several decades. The Respondent (Teleflex) originally sued the Applicant (KSR) for infringement of its US Patent No. 6,237,565, a gas pedal design that KSR contends is no more than an obvious combination of two pre-existing inventions – a pedal assembly that is height-adjustable and one that controls acceleration electronically.
Deeth Williams Wall https://www.dww.com/articles/us-supreme-court-tackles-issue-of-obviousness

Canadian Generic Pharmaceutical Association Challenges the Regulations Amending the Food and Drug Regulations (Data Protection) Canadian Generic Pharmaceutical Association Challenges the Regulations Amending the Food and Drug Regulat...

Food and Drug
December 6, 2006December 6, 20062015-07-08
On November 14, 2006, the Canadian Generic Pharmaceutical Association (CGPA) commenced an application in the Federal Court of Canada (File No T-1976-06) for judicial review of the Food and Drug Regulations, CRC c 870 (1995 DP Regulations) data protection provision amended by the Regulations Amending the Food and Drug Regulations (Data Protection) (2006 DP Regulations).
Deeth Williams Wall https://www.dww.com/articles/canadian-generic-pharmaceutical-association-challenges-regulations-amending-food-and-drug

Canada, EU are Models for US Patent Reform Says Report Canada, EU are Models for US Patent Reform Says Report

Patents
December 6, 2006December 6, 20062015-07-08
According to a recent report, "Reforming U.S. Patent Policy", from the Council on Foreign Relations (the US-based, independent, non-profit organization that publishes Foreign Affairs), the US patent system is harming innovation and international competitiveness in that country. The author claims that the US system protects low quality patents with overly strong domestic rights, a policy which leads to economically absurd transfers of wealth, such as in the recent RIM-NTP settlement. The report points to both the Canadian and EU systems as better at achieving the appropriate balance between innovation and protection than does the current US system.
Deeth Williams Wall https://www.dww.com/articles/canada-eu-are-models-for-us-patent-reform-says-report

New Pharmacy Rules in Manitoba Rile Internet Pharmacies New Pharmacy Rules in Manitoba Rile Internet Pharmacies

Food and Drug
December 6, 2006December 6, 20062015-07-08
The Manitoba International Pharmacists Association (MIPA), which represents Manitoba-based Internet pharmacies, has indicated that several of its members are considering leaving the province if the provincial government does not amend its proposed new pharmacy legislation, Bill 41.
Deeth Williams Wall https://www.dww.com/articles/new-pharmacy-rules-manitoba-rile-internet-pharmacies

Canadian Intellectual Property Office Publishes Service Standards Canadian Intellectual Property Office Publishes Service Standards

Intellectual Property
December 6, 2006December 6, 20062015-07-08
The Canadian Intellectual Property Office (CIPO) has released its target turnaround times for 2006-7 for specific IP steps. For patents, the following targets are indicated:
Deeth Williams Wall https://www.dww.com/articles/canadian-intellectual-property-office-publishes-service-standards

Disclaimer: This Newsletter is intended to provide readers with general information on legal developments in the areas of e-commerce, information technology and intellectual property. It is not intended to be a complete statement of the law, nor is it intended to provide legal advice. No person should act or rely upon the information contained in this newsletter without seeking legal advice.

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