Australian Senate Passes Controversial Copyright Bill Australian Senate Passes Controversial Copyright Bill

Copyright
December 6, 2006December 6, 20062015-07-08
The Australian Senate recently passed the Copyright Amendment Bill 2006, which amends the Copyright Act (Act) to bring it into line with Australia's obligations under the Australia-United States Free Trade Agreement, in relation to technological protection measures. Also implemented are various recommendations from copyright law reviews to protect digital files.
Deeth Williams Wall https://www.dww.com/articles/australian-senate-passes-controversial-copyright-bill

Landlord Photographing Tenants' Premises Without Consent Contravenes PIPEDA Landlord Photographing Tenants' Premises Without Consent Contravenes PIPEDA

Privacy
December 6, 2006December 6, 20062015-07-08
A tenant (T) received prior notice from his apartment building's property management company (PM Co) that representatives would be entering his apartment as part of a building inspection. One day while T was at home, a representative, together with two property insurance inspectors, entered his apartment and began taking digital photographs of each room. PM Co's notice had not mentioned that the apartment would be photographed.
Deeth Williams Wall https://www.dww.com/articles/landlord-photographing-tenants-premises-without-consent-contravenes-pipeda

Federal Court of Canada Re-examines Test of Obviousness in Patent Law Federal Court of Canada Re-examines Test of Obviousness in Patent Law

Patents
November 22, 2006November 22, 20062015-07-08
In a lengthy and detailed decision [Janssen-Ortho Inc v Novopharm Ltd (2006 FC 1234)], Justice Roger Hughes of the Federal Court of Canada has upheld the validity of a Canadian Patent for an anti-microbial drug, levofloxin.
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-canada-reexamines-test-of-obviousness-patent-law

Principles for the Rules of Procedure of the European Patent Court Principles for the Rules of Procedure of the European Patent Court

Patents
November 22, 2006November 22, 20062015-07-08
On November 4, 2006, 26 European patent judges signed the Second Venice Resolution (Resolution) in which they agreed on the rules of procedure for the proposed European Patent Court (EPC). The Resolution proposes procedural guidelines for the consideration of the Executive Committee of the Court [the EPC?].
Deeth Williams Wall https://www.dww.com/articles/principles-for-rules-of-procedure-of-european-patent-court

Ontario Court Confirms that an Outsourcing Transaction Was "In the Ordinary Course of Business" Ontario Court Confirms that an Outsourcing Transaction Was "In the Ordinary Course of Business"

Outsourcing
November 22, 2006November 22, 20062015-07-08
In one of the many interim judgments in the Ontario Superior Court (Commercial List) relating to the insolvency proceedings affecting Stelco Inc (Stelco), the Court has confirmed what many observers suspected: entering into a major IT outsourcing transaction, in and of itself, does not constitute an activity of a corporation that is out of the ordinary course of its business.
Deeth Williams Wall https://www.dww.com/articles/ontario-court-confirms-an-outsourcing-transaction-was-ordinary-course-of-business

FTC Commissioner Sees "Daunting Task" in Regulating Online Advertising FTC Commissioner Sees "Daunting Task" in Regulating Online Advertising

Information Technology
November 22, 2006November 22, 20062015-07-08
At recent US Federal Trade Commission (FTC) public hearings, one of the Commissioners, Thomas Rosch, predicted that the rapid growth of e-commerce will make it difficult for the FTC to monitor online advertising for false or misleading claims.
Deeth Williams Wall https://www.dww.com/articles/ftc-commissioner-sees-daunting-task-regulating-online-advertising

Lawyer Blogs and the Right to Advertise Lawyer Blogs and the Right to Advertise

Trademarks
November 22, 2006November 22, 20062015-07-08
In the United States, the growing phenomenon of blogging has added a twist to the broader debate about advertising by lawyers. In 1978, the US Supreme Court affirmed lawyers' First Amendment rights to advertise, and each State drafted guidelines to protect consumers from deceptive legal advertisements.
Deeth Williams Wall https://www.dww.com/articles/lawyer-blogs-and-right-to-advertise

Canadian Government Overrules CRTC on VoIP Regulation Canadian Government Overrules CRTC on VoIP Regulation

Information Technology
November 22, 2006November 22, 20062015-07-08
In what seems much like an extended tennis match between the Canadian Radio-Television and Telecommunications Commission (CRTC) and its political masters, the new Conservative government has ended play by overruling the CRTC and freeing Voice Over Internet Protocol (VoIP) services from the regulatory scheme previously proposed.
Deeth Williams Wall https://www.dww.com/articles/canadian-government-overrules-crtc-on-voip-regulation

Identity Theft in Canadian Criminal and Regulatory Statutes Identity Theft in Canadian Criminal and Regulatory Statutes

Regulatory Law
November 8, 2006November 8, 20062015-07-08
A previous issue of E-TIPS® (Vol 5, No 8, "New York State Enacts Three Identity Theft Laws", October 11, 2006) noted recently passed New York State identity theft legislation. This new legislation is in addition to three existing New York State anti-ID theft laws: the Security Freeze Law, the Disposal of Personal Records Law and the Anti-Phishing Act of 2006.
Deeth Williams Wall https://www.dww.com/articles/identity-theft-canadian-criminal-and-regulatory-statutes

Dispute Between Generic Drug Manufacturers and the Ontario Government Now Involves Pharmacists Dispute Between Generic Drug Manufacturers and the Ontario Government Now Involves Pharmacists

Food and Drug
November 8, 2006November 8, 20062015-07-08
As previously reported in E-TIPS®, political pressure has been growing to move towards lower pricing of generic drugs in Canada ("National Pharmaceuticals Strategy Report: Concern about Generic Drug Prices in Canada", October 11, 2006, Vol 5, No 8), with the Ontario Government already having taken action via the enactment of Bill 102 to revise the basis for reimbursement and drug interchangeability within Ontario's drug plan ("Generic Manufacturers Call for Review of Ontario Regulations Reducing Drug Prices", October 25, 2006, Vol 5, No 9).
Deeth Williams Wall https://www.dww.com/articles/dispute-between-generic-drug-manufacturers-and-ontario-government-now-involves-pharmacists

Statutory Freeze Period Sought by Innovator Drug Company under NOC Regulations Denied by Supreme Court of Canada Statutory Freeze Period Sought by Innovator Drug Company under NOC Regulations Denied by Supreme Court of...

Litigation
November 8, 2006November 8, 20062015-07-08
In Apotex Inc v AstraZeneca Canada Inc et al, 2006 SCC 49, the Supreme Court of Canada has held that there are limits to "evergreening" within the complex process of determining when a generic drug manufacturer is able to manufacture and sell a "copycat" drug.
Deeth Williams Wall https://www.dww.com/articles/statutory-freeze-period-sought-by-innovator-drug-company-under-noc-regulations-denied-by

US Supreme Court Will Hear Microsoft v AT&T Patent Dispute US Supreme Court Will Hear Microsoft v AT&T Patent Dispute

Patents
November 8, 2006November 8, 20062015-07-08
By deciding to hear the patent infringement case Microsoft v AT&T, the US Supreme Court has set the stage for a possible outcome that could extend the reach of US patent law to include foreign activities.
Deeth Williams Wall https://www.dww.com/articles/us-supreme-court-will-hear-microsoft-v-att-patent-dispute

New Interest in an Old Security Device: Automatic Data Encryption on Hard Drives New Interest in an Old Security Device: Automatic Data Encryption on Hard Drives

Cybersecurity
November 8, 2006November 8, 20062015-09-23
The loss or theft of computers containing sensitive data has cost governments and corporations millions of dollars. Spurred by such events, the world's largest hard drive manufacturer, Seagate Technology LLC (Seagate), has turned the security spotlight away from the conventional solutions, which employ software and firewalls, to the use of automatic encryption in hard drives.
Deeth Williams Wall https://www.dww.com/articles/new-interest-an-old-security-device-automatic-data-encryption-on-hard-drives

FTC Rebukes Rambus for Acquiring Standards-Based Patents FTC Rebukes Rambus for Acquiring Standards-Based Patents

Patents
November 8, 2006November 8, 20062015-09-23
In a recent ruling, the US Federal Trade Commission (FTC) has set a higher standard for behaviour among participants in industry standard-setting.
Deeth Williams Wall https://www.dww.com/articles/ftc-rebukes-rambus-for-acquiring-standardsbased-patents

Amendments to the Patented Medicines (Notice of Compliance) Regulations and the Data Protection Provisions of the Food and Drug Regulations in Force Amendments to the Patented Medicines (Notice of Compliance) Regulations and the Data Protection Provision...

Patents
October 25, 2006October 25, 20062015-09-23
On October 18, 2006, the Government of Canada published the Regulations Amending the Patented Medicines (Notice of Compliance) Regulations (PM (NOC) Regulations) and the Regulations Amending the Food and Drug Regulations (Data Protection) (Data Protection Regulations).
Deeth Williams Wall https://www.dww.com/articles/amendments-to-patented-medicines-notice-of-compliance-regulations-and-data-protection

Data Security a Key Consideration for Outsourcing to India Data Security a Key Consideration for Outsourcing to India

Outsourcing
October 25, 2006October 25, 20062015-07-08
India must do more to protect data security or risk future growth in business process outsourcing, according to a report by an influential Indian trade body.
Deeth Williams Wall https://www.dww.com/articles/data-security-a-key-consideration-for-outsourcing-to-india

Generic Manufacturers Call for Review of Ontario Regulations Reducing Drug Prices Generic Manufacturers Call for Review of Ontario Regulations Reducing Drug Prices

Food and Drug
October 25, 2006October 25, 20062015-07-08
It was previously reported that Federal and Provincial governments would likely begin to exert downwards pressure on the prices of generic drugs (see E-TIPS®, "National Pharmaceuticals Strategy Report: Concern about Generic Drug Prices in Canada" Vol 5, No 8, October 11, 2006). On October 1, 2006, such pressures were exerted in the province of Ontario when a number of amendments to the Regulations under the Ontario Drug Benefit Act (ODBA) and the Drug Interchangeability and Dispensing Fee Act (DIDFA) came into effect. These two statutes govern public drug reimbursement and interchangeability of drugs in Ontario.
Deeth Williams Wall https://www.dww.com/articles/generic-manufacturers-call-for-review-of-ontario-regulations-reducing-drug-prices

Amendments to the Patented Medicines (Notice of Compliance) Regulations and the Data Protection Provisions of the Food and Drug Regulations in Force Amendments to the Patented Medicines (Notice of Compliance) Regulations and the Data Protection Provision...

Patents
October 25, 2006October 25, 20062015-07-08
© 2006, Deeth Williams Wall LLP. All Rights Reserved. By: Nicholas J. Wong (October 25, 2006) On October 18, 2006, the Government of Canada published the Regulations Amending the Patented Medicines (Notice of Compliance) Regulations (PM (NOC) Regulations) and the Regulations Amending the Food and Drug Regulations (Date Protection) (Data Protection Regulations). They came into force on October 5, 2006.
Deeth Williams Wall https://www.dww.com/articles/amendments-to-patented-medicines-notice-of-compliance-regulations-and-data-protection-0

Is Poker Subject to the Recent US Internet Gambling Ban? Is Poker Subject to the Recent US Internet Gambling Ban?

Information Technology
October 25, 2006October 25, 20062015-07-08
In response to the ban on Internet gambling passed by the US Congress on September 30, 2006, the Costa Rica-based PokerStars.com said that the ban would not apply to poker because it is a game of skill.
Deeth Williams Wall https://www.dww.com/articles/poker-subject-to-recent-us-internet-gambling-ban

Does a US Patent Licensee Have Standing to Invalidate its Licensor's Patent? Does a US Patent Licensee Have Standing to Invalidate its Licensor's Patent?

Patents
October 25, 2006October 25, 20062015-07-08
The US Supreme Court recently began hearing oral arguments in MedImmune Inc v Genentech Inc et al, a case which will determine whether a licensee (MedImmune) has standing to bring an action to invalidate a licensor's (Genentech) patent. A US constitutional requirement for patent litigation demands that there be a "justiciable controversy". The Supreme Court must decide if such a controversy can exist when the parties have entered into a licensing agreement involving the allegedly invalid patent.
Deeth Williams Wall https://www.dww.com/articles/does-a-us-patent-licensee-have-standing-to-invalidate-its-licensors-patent

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.

E-TIPS is a registered trade-mark of Deeth Williams Wall LLP.