RIM/NTP Dispute Generates Calls for Patent Reform RIM/NTP Dispute Generates Calls for Patent Reform

Patents
March 15, 2006March 15, 20062015-07-08
Research in Motion Inc (RIM) has settled its long-running patent dispute with NTP with a US$ 613 million licencing deal. The case has prompted some commentators to question the viability of certain aspects of the current US patent system.
Deeth Williams Wall https://www.dww.com/articles/rimntp-dispute-generates-calls-for-patent-reform

A Federal Court of Canada Reminder: Anton Pillar Orders are to be Granted only in Exceptional Circumstances A Federal Court of Canada Reminder: Anton Pillar Orders are to be Granted only in Exceptional Circumstanc...

Litigation
March 15, 2006March 15, 20062015-07-08
Recently, Justice Roger Hughes of the Federal Court signaled that in considering whether to grant an extraordinary pre-trial inspection order (Anton Piller Order), such an Order should be granted "only in the most exceptional circumstances".
Deeth Williams Wall https://www.dww.com/articles/a-federal-court-of-canada-reminder-anton-pillar-orders-are-to-be-granted-only-exceptional

Spain Launches Electronic National Identity Card Spain Launches Electronic National Identity Card

Information Technology
March 15, 2006March 15, 20062015-07-08
The new Spanish electronic National Identity Card aims to provide secure identification and authentication for a variety of online transactions, from e-government services to e-commerce and Internet banking. The card, about the size of a credit card, contains a microchip which will store an electronic certificate to authenticate the identity of the cardholder, as well as a digital signature, a digitized fingerprint and a photograph of the cardholder. The current cost estimate of the card rollout is nearly 150 million euros.
Deeth Williams Wall https://www.dww.com/articles/spain-launches-electronic-national-identity-card

EU Body Issues Opinion on E-Mail Filtering EU Body Issues Opinion on E-Mail Filtering

Information Technology
March 15, 2006March 15, 20062015-07-08
Recently, on February 21, the European Union's Working Party on the Protection of Individuals with Regard to the Processing of Personal Data (Working Party) adopted an Opinion on privacy issues related to the provision of e-mail screening services.
Deeth Williams Wall https://www.dww.com/articles/eu-body-issues-opinion-on-email-filtering

Toronto Hydro Plans City-Wide Wireless Hot Spot Toronto Hydro Plans City-Wide Wireless Hot Spot

Telecommunications
March 15, 2006March 15, 20062015-07-08
Toronto Hydro has announced that it plans to implement a city-wide system of low-cost, wireless Internet access for Torontonians. It intends to mount Wi-Fi transceivers on hydro towers and poles around Toronto, as part of a plan to implement smart hydro meters. In Canada, Fredericton has had a similar network since 2004, and a number of US cities, Philadelphia and San Francisco among them, are planning to implement wireless networks of their own.
Deeth Williams Wall https://www.dww.com/articles/toronto-hydro-plans-citywide-wireless-hot-spot

US Supreme Court Rejects Long-Standing Presumption of Tying in Patent Cases US Supreme Court Rejects Long-Standing Presumption of Tying in Patent Cases

Patents
March 15, 2006March 15, 20062015-09-23
In a unanimous (8-0) ruling, the US Supreme Court has overturned a long-held assumption that in competition law cases holders of rights to patents or copyright, by reason of their intellectual property rights, are exercising market power. In future anti-trust cases, plaintiffs who assert anti-competitive "tying" arrangements will have to tender convincing evidence that the alleged violator was in fact exercising power in the marketplace in relation to the protected product.
Deeth Williams Wall https://www.dww.com/articles/us-supreme-court-rejects-longstanding-presumption-of-tying-patent-cases

Canada Muses on National ID Cards Canada Muses on National ID Cards

Privacy
March 1, 2006March 1, 20062015-09-23
The Minister of Public Safety, Stockwell Day, said in a press interview published on February 22 that the implementation of some form of national identification card for Canadians is inevitable. The ID cards may contain biometric data or other technological features which would uniquely identify an individual. They would be used instead of a passport at the border, with the twin goal of letting law abiding citizens pass though quickly and keeping out those who pose a security threat.
Deeth Williams Wall https://www.dww.com/articles/canada-muses-on-national-id-cards

Canadian CEOs Call for Tax Exemption on IP Income Canadian CEOs Call for Tax Exemption on IP Income

Intellectual Property
March 1, 2006March 1, 20062015-07-08
Some of Canada's most influential business executives have called on the federal government to increase tax exemptions for income derived from intellectual property. The Canadian Council of Chief Executives (Council) argued that the tax burden on economic gains derived from artistic and cultural creativity affects not only business enterprises, but also has a negative impact on Canada's attractiveness as a destination of choice for skilled persons.
Deeth Williams Wall https://www.dww.com/articles/canadian-ceos-call-for-tax-exemption-on-ip-income

Several Rule Changes under Consideration by the USPTO Several Rule Changes under Consideration by the USPTO

Patents
March 1, 2006March 1, 20062015-07-08
In an effort to increase the efficiency of the US patent examination process, the United States Patent and Trademark Office (USPTO) has recently proposed two significant changes to its rules of practice. One change affects the number of claims that may be filed in any application, and the other affects the number of add-on applications that may be filed by an applicant.
Deeth Williams Wall https://www.dww.com/articles/several-rule-changes-under-consideration-by-uspto

US Court Finds Corporation not Negligent for Failing to Encrypt Database US Court Finds Corporation not Negligent for Failing to Encrypt Database

Litigation
March 1, 2006March 1, 20062015-07-08
On a summary motion, a US District Court Judge in Minnesota has found that an employer was not negligent when an employee's laptop computer containing a customer's personal information was stolen from his home, and further found that there was no duty to see that the personal data was encrypted.
Deeth Williams Wall https://www.dww.com/articles/us-court-finds-corporation-not-negligent-for-failing-to-encrypt-database

UN Treaty Targets Internet Tobacco Ads UN Treaty Targets Internet Tobacco Ads

Information Technology
March 1, 2006March 1, 20062015-07-08
Officials from 113 countries met in Geneva in early February at the first session of the Conference of the Parties to the WHO Framework Convention on Tobacco Control (Convention). The Convention, which came into force a year ago, bans advertising, promotion and sponsorship of tobacco products, blamed for millions of early deaths annually.
Deeth Williams Wall https://www.dww.com/articles/un-treaty-targets-internet-tobacco-ads

Groups Set to Fight CRTC Phone-Bill Ruling Groups Set to Fight CRTC Phone-Bill Ruling

Information Technology
March 1, 2006March 1, 20062015-07-08
The Canadian Radio-television and Telecommunications Commission (CRTC) announced on February 16, 2006 that $625.7 million, the proceeds of excess billings of telephone customers, would be used to fund the expansion of broadband services to under-served markets, primarily rural and remote communities, and to facilitate access to services by disabled customers. The excess billings were the result of a 2002 CRTC decision which, in order to allow telcos to recoup costs in attracting new entrants and encourage competition, allowed telcos to set telephone rates higher than necessary. The telcos were required to place the additional revenue in deferral accounts. It is these deferral accounts that were in issue.
Deeth Williams Wall https://www.dww.com/articles/groups-set-to-fight-crtc-phonebill-ruling

Canadian Privacy Commissioners Conduct Probe into LSAT Fingerprinting Practice Canadian Privacy Commissioners Conduct Probe into LSAT Fingerprinting Practice

Privacy
March 1, 2006March 1, 20062015-07-08
The privacy commissioners of Canada, Alberta and British Columbia have agreed to conduct a joint probe into the long-standing requirement that Canadian students must provide a thumbprint when writing the ubiquitous law school entrance exam, known as the Law School Aptitude Test (LSAT). The probe is the first-ever joint action by Canadian privacy commissioners and will investigate the practices of the administrator of the LSAT, the US-based Law School Admission Council (LSAC), during a period when the existence of the USA Patriot Act has heightened fears of outsourcing personal information across borders.
Deeth Williams Wall https://www.dww.com/articles/canadian-privacy-commissioners-conduct-probe-into-lsat-fingerprinting-practice

India Moves to Protect Traditional Knowledge from Foreign IP Claims India Moves to Protect Traditional Knowledge from Foreign IP Claims

Intellectual Property
February 15, 2006February 15, 20062015-07-08
India has launched an ambitious, multilingual project to protect centuries-old traditional knowledge from foreign patent claimants. Christened the Traditional Knowledge Digital Library, the project will be a massive digital encyclopedia of herbal remedies, indigenous architecture and construction techniques, Indian foods, yoga exercises and other ancient lore.
Deeth Williams Wall https://www.dww.com/articles/india-moves-to-protect-traditional-knowledge-from-foreign-ip-claims

How European Trade-mark Law is "Shaping" Up… How European Trade-mark Law is "Shaping" Up…

Trademarks
February 15, 2006February 15, 20062015-07-08
The European Court of Justice (ECJ) has rejected an application by German company SiSi-Werke (S-W) to register a three-dimensional shape as a trade-mark. S-W tried to register eight marks for the shape of stand-up pouches for packaging drinks, including the flexible pouch for Capri-Sun, a product which had been distributed in Europe for 20 years. The registrations were refused by the European Office for Harmonisation in the Internal Market (Trade Marks and Designs).
Deeth Williams Wall https://www.dww.com/articles/how-european-trademark-law-shaping-up%E2%80%A6

AOL and Yahoo Plan to Charge E-Postage AOL and Yahoo Plan to Charge E-Postage

Information Technology
February 15, 2006February 15, 20062015-07-08
The idea of charging postage for e-mail in order to combat spam has been around for several years. The principle is simple: reduce unwanted e-mail messages by sucking some of the profit from their transmission. Spammers worldwide send billions of messages each day, only the smallest percentage of which get a response. Since it costs next to nothing to send an e-mail, spammers profit, despite the low response rate. However, if each e-mail cost ¼ of a cent to send, then the transmission of a billion e-mails would cost 2.5 million dollars, which would sharply reduce spammers' profits.
Deeth Williams Wall https://www.dww.com/articles/aol-and-yahoo-plan-to-charge-epostage

Time to Recognize Invasion of Privacy as a Tort, Says Ontario Court Time to Recognize Invasion of Privacy as a Tort, Says Ontario Court

Privacy
February 15, 2006February 15, 20062015-07-08
While some Canadian provinces (BC, Saskatchewan, Manitoba, Quebec and Newfoundland) have enacted statutory torts of invasion of privacy, Ontario has not. Nevertheless, a judge of the Ontario Superior Court recently concluded that the time has come to recognize invasion of privacy as a common law tort in that province.
Deeth Williams Wall https://www.dww.com/articles/time-to-recognize-invasion-of-privacy-as-a-tort-says-ontario-court

UK Businesses Track Employees Via Cell Phone UK Businesses Track Employees Via Cell Phone

Mobile
February 15, 2006February 15, 20062015-07-08
Companies tracking cellular telephone locations in the UK have recently seen an explosion of interest by employers wishing to track employees and vehicles. Now companies can be alerted if employees are caught in traffic - or at the golf course - and can re-route resources more efficiently to handle sudden demand. Although tracking by trucking companies has existed for some time through GPS systems, the comparatively low cost of mobile-phone tracking now makes this benefit more widely available.
Deeth Williams Wall https://www.dww.com/articles/uk-businesses-track-employees-via-cell-phone

US Congress Considers Guidelines on ISPs in China as Canadian Researchers Develop an Anti-Filtering Device US Congress Considers Guidelines on ISPs in China as Canadian Researchers Develop an Anti-Filtering Devic...

Intellectual Property
February 15, 2006February 15, 20062015-07-08
As China continues to filter free speech on the Internet, using a variety of methods to present a sanitized version of the worldwide web to its citizens, concern has been voiced over the involvement of North American Internet companies. In effect, China has set up a "Great Firewall of China" and has arrested dissidents who post subversive comments, such as tales of government corruption.
Deeth Williams Wall https://www.dww.com/articles/us-congress-considers-guidelines-on-isps-china-as-canadian-researchers-develop-an

US and Canadian Governments Seek Customer Data from Google and Costco US and Canadian Governments Seek Customer Data from Google and Costco

Privacy
February 1, 2006February 1, 20062015-07-08
In entirely unrelated circumstances, governments on both sides of the US/Canada border have recently attempted to gain access to databases containing customer data in the hands of private companies.
Deeth Williams Wall https://www.dww.com/articles/us-and-canadian-governments-seek-customer-data-from-google-and-costco

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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