Supreme Court Of Canada Upholds Largest Canadian Patent Infringement Award Supreme Court Of Canada Upholds Largest Canadian Patent Infringement Award

Patent Litigation
November 30, 2022November 30, 20222022-11-30
On November 18, 2022, the Supreme Court of Canada (SCC) issued its decision in Nova Chemicals Corp. v Dow Chemical Co., 2022 SCC 43, in which an eight to one majority affirmed the award of nearly $645 million and clarified the test for an accounting of profits. The SCC also confirmed that springboard profits are legally permissible, and should be included in an accounting of profits because they are also causally attributable to infringement of the invention.
Deeth Williams Wall https://www.dww.com/articles/supreme-court-of-canada-upholds-largest-canadian-patent-infringement-award

CIPO Launches Consultation On Proposed Changes To Trademark Opposition Procedures CIPO Launches Consultation On Proposed Changes To Trademark Opposition Procedures

Trademarks
November 30, 2022November 30, 20222022-11-30
On November 21, 2022, the Canadian Intellectual Property Office (CIPO) launched a public consultation on proposed amendments to the Trademarks Regulations (the Proposed Regulations), and draft practice notices. The Proposed Regulations and draft practice notices will implement changes that were made to the Trademarks Act in 2018, which granted the Registrar of Trademarks (the Registrar) the authority to award costs, grant confidentiality orders, and practice case management in opposition, objection and non-use cancellation (section 45) proceedings.
Deeth Williams Wall https://www.dww.com/articles/cipo-launches-consultation-on-proposed-changes-to-trademark-opposition-procedures

OSFI, FCAC, And CDIC Release Joint Statement Reinforcing Expectations For Crypto-Asset Activities And Crypto-Related Services OSFI, FCAC, And CDIC Release Joint Statement Reinforcing Expectations For Crypto-Asset Activities And Cry...

Cybersecurity
November 30, 2022November 30, 20222022-11-30
On November 16, 2022, the Office of the Superintendent of Financial Institutions (OSFI), the Financial Consumer Agency of Canada (FCAC), and the Canada Deposit Insurance Corporation (CDIC) (collectively, the Federal Agencies) released a joint statement (the Statement) addressed to federally regulated entities involved in crypto-asset activities or crypto-related services. The Statement reinforces the Federal Agencies’ expectations that regulated entities should adhere to applicable regulatory requirements and guidance when engaging in the crypto space.
Deeth Williams Wall https://www.dww.com/articles/osfi-fcac-and-cdic-release-joint-statement-reinforcing-expectations-for-cryptoasset

Federal Court Of Appeal Of Canada Rejects Benjamin Moore’s Motion To Strike An Appeal Concerning Patentable Subject Matter Test Federal Court Of Appeal Of Canada Rejects Benjamin Moore’s Motion To Strike An Appeal Concerning Patentab...

Patent Litigation
November 30, 2022November 30, 20222022-11-30
On November 10, 2022, the Federal Court of Appeal of Canada (FCA) in Canada (Attorney General) v Benjamin Moore & Co., 2022 FCA 194, dismissed Benjamin Moore & Co.’s (Benjamin Moore’s) motion to strike an appeal filed by the Attorney General of Canada (AGC) from a decision of the Federal Court (FC) concerning the proper legal test for assessing patentable subject matter for computer-implemented inventions.
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-appeal-of-canada-rejects-benjamin-moore%E2%80%99s-motion-to-strike-an-appeal

Italian Court Grants First Injunction In NFT Trademark Dispute Italian Court Grants First Injunction In NFT Trademark Dispute

Trademark and Copyright Litigation
November 30, 2022November 30, 20222022-11-30
In November 2022, the Rome Court of First Instance (the Court) reported its July 19, 2022 decision in Juventus F.C. v Blockeras s.r.l., No. 32072/2022, granting Juventus Football Club s.p.a. (Juventus) a preliminary injunction enjoining Blockeras s.r.l. (Blockeras) from producing, marketing, promoting, or selling its non-fungible tokens (NFTs) bearing Juventus’ trademarks. The preliminary injunction order was recently finalized in lieu of an appeal.
Deeth Williams Wall https://www.dww.com/articles/italian-court-grants-first-injunction-nft-trademark-dispute

Federal Court Of Canada Awards Crocs Canada Accounting Of Profits For Industrial Design Infringement Federal Court Of Canada Awards Crocs Canada Accounting Of Profits For Industrial Design Infringement

Industrial Designs
November 30, 2022November 30, 20222022-11-30
On October 21, 2022, the Federal Court of Canada (the Court) issued its decision in Crocs Canada, Inc. v Double Diamond Distribution Ltd, 2022 FC 1443, finding that Double Diamond Distribution Ltd (Double Diamond) infringed Canadian Industrial Design Number 120939 (939 Design) owned by Crocs Canada, Inc. (Crocs Canada). The Court also dismissed Double Diamond’s counterclaim for invalidity.
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-canada-awards-crocs-canada-accounting-of-profits-for-industrial-design

Federal Court Of Appeal Of Canada Affirms Patent Invalid For Obviousness Federal Court Of Appeal Of Canada Affirms Patent Invalid For Obviousness

Pharmaceutical Patent Litigation
November 15, 2022November 15, 20222022-11-16
On November 1, 2022, the Federal Court of Appeal of Canada (FCA) issued its decision in Janssen Inc. v Apotex Inc., 2022 FCA 184, dismissing the appeals relating to the decision of the Federal Court finding Canadian Patent No. 2,661,422 (the 422 Patent) invalid for obviousness.
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-appeal-of-canada-affirms-patent-invalid-for-obviousness

Ontario Superior Court of Justice Vacates Injunction Order In “Bombay Frankie” Trademark Dispute Ontario Superior Court of Justice Vacates Injunction Order In “Bombay Frankie” Trademark Dispute

Trademark and Copyright Litigation
November 15, 2022November 15, 20222022-11-16
On November 2, 2022, the Ontario Superior Court of Justice (the Court) issued its decision in 2788610 Ontario Inc. v Bhagwani, 2022 ONSC 6098, ordering that the interlocutory injunction previously granted by the Court be vacated.
Deeth Williams Wall https://www.dww.com/articles/ontario-superior-court-of-justice-vacates-injunction-order-%E2%80%9Cbombay-frankie%E2%80%9D-trademark

Canada’s Federal Court Grants Appeal In A Trademark Dispute Concerning Corporate Finance Services Canada’s Federal Court Grants Appeal In A Trademark Dispute Concerning Corporate Finance Services

Trademark and Copyright Litigation
November 15, 2022November 15, 20222022-11-16
On October 28, 2022, in Clark Wilson LLP v 7299362 Canada Inc., 2022 FC 1478, the Federal Court (the Court) granted an appeal brought by Clark Wilson LLP (the Applicant, acting as trademark agent to Amazon Technologies, Inc.) of a Trademarks Opposition Board (TMOB) decision that upheld the Respondent’s, 7299362 Canada Inc., registration for the trademark ALEXA TRANSLATIONS (the Mark).
Deeth Williams Wall https://www.dww.com/articles/canada%E2%80%99s-federal-court-grants-appeal-a-trademark-dispute-concerning-corporate-finance

44th Global Privacy Assembly Leads To Resolutions On Facial Recognition Technology And Cybersecurity 44th Global Privacy Assembly Leads To Resolutions On Facial Recognition Technology And Cybersecurity

Privacy
November 15, 2022November 15, 20222022-11-16
On October 28, 2022, the Office of the Privacy Commissioner of Canada (the OPC) announced that data protection authorities around the world endorsed resolutions on facial recognition technology (FRT) and cybersecurity at the 44th Global Privacy Assembly (GPA) in Istanbul, Türkiye.
Deeth Williams Wall https://www.dww.com/articles/44th-global-privacy-assembly-leads-to-resolutions-on-facial-recognition-technology-and

Federal Court Of Canada Issues Dynamic Site Blocking Order To Prevent Unauthorized FIFA World Cup Streams Federal Court Of Canada Issues Dynamic Site Blocking Order To Prevent Unauthorized FIFA World Cup Streams

Trademark and Copyright Litigation
November 2, 2022November 2, 20222022-11-02
On October 21, 2022, the Federal Court of Canada (the Court) in Bell Media Inc. v. John Doe 1, 2022 FC 1432, issued a dynamic site blocking Order requiring Third Party Respondent internet service providers (ISPs) to block or attempt to block access to streaming servers that provide unauthorized streams of Fédération Internationale de Football Association (FIFA) World Cup Qatar 2022 matches.
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-canada-issues-dynamic-site-blocking-order-to-prevent-unauthorized-fifa

Singapore High Court Finds NFTs As A Form Of Property Singapore High Court Finds NFTs As A Form Of Property

Information Technology
November 2, 2022November 2, 20222022-11-02
On October 21, 2022, the High Court of the Republic of Singapore (the Court) issued its reasons in Janesh s/o Rajkumar v Unknown Person (“CHEFPIERRE”), [2022] SGHC 264, explaining its decision in May 2022 to grant an injunction to prevent any potential sale of the non-fungible token (NFT) in issue and finding that NFTs are a form of property.
Deeth Williams Wall https://www.dww.com/articles/singapore-high-court-finds-nfts-as-a-form-of-property

Canadian Privacy Commissioner Issues Statement Following Release of Report on Facial Recognition Technology and Artificial Intelligence Canadian Privacy Commissioner Issues Statement Following Release of Report on Facial Recognition Technolo...

Privacy
November 2, 2022November 2, 20222022-11-02
On October 6, 2022, the Privacy Commissioner of Canada (the Commissioner) issued a statement concerning a new report from the Standing Committee on Access to Information, Privacy and Ethics (the Committee), following its study on the use and impact of facial recognition technology (FRT) and Artificial Intelligence (AI).
Deeth Williams Wall https://www.dww.com/articles/canadian-privacy-commissioner-issues-statement-following-release-of-report-on-facial

Patented Medicine Prices Review Board Releases New Draft Guidelines Patented Medicine Prices Review Board Releases New Draft Guidelines

Regulatory Law
November 2, 2022November 2, 20222022-11-02
On October 6, 2022, the Patented Medicine Prices Review Board (PMPRB) released new draft Guidelines (the Guidelines) to give effect to the July 1, 2022, amendments to the Patented Medicines Regulations (the Regulations). If implemented, the Guidelines will modernize and simplify how the PMPRB monitors and reviews the prices of patented medicines in Canada.
Deeth Williams Wall https://www.dww.com/articles/patented-medicine-prices-review-board-releases-new-draft-guidelines

Office Of The Privacy Commissioner Of Canada Publishes Results Of Investigation Into Marriott Data Breach Of 2018 Office Of The Privacy Commissioner Of Canada Publishes Results Of Investigation Into Marriott Data Breach...

Privacy
October 18, 2022October 18, 20222022-10-18
On September 29, 2022, the Office of the Privacy Commissioner of Canada (the OPC) published the results of its investigation into the 2018 data breach involving Marriott International, Inc. (Marriott), finding many of the hotel giant’s privacy controls inadequate and recommending remedial steps to prevent future breaches.
Deeth Williams Wall https://www.dww.com/articles/office-of-privacy-commissioner-of-canada-publishes-results-of-investigation-into-marriott

Federal Court Of Canada Grants A Protective Order In Favour Of Apotex Federal Court Of Canada Grants A Protective Order In Favour Of Apotex

Pharmaceutical Patent Litigation
October 18, 2022October 18, 20222022-10-18
On September 7, 2022, the Federal Court of Canada (the Court) in Janssen Pharmaceutica N.V. v Apotex Inc., 2022 FC 1262, granted a protective order in the form presented by Apotex Inc. (Apotex) with respect to the exchange of documents and information with Janssen Pharmaceutica (Janssen) during the discovery process.
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-canada-grants-a-protective-order-favour-of-apotex

UK Government To Replace EU’s GDPR With Own British Data Protection System UK Government To Replace EU’s GDPR With Own British Data Protection System

Privacy
October 18, 2022October 18, 20222022-10-18
On October 3, 2022, the United Kingdom’s (UK) Secretary of State for Digital, Culture, Media and Sport (DCMS), Michelle Donelan, announced that the UK Government intends to replace the European Union’s General Data Protection Regulation (GDPR) with its own “business and consumer-friendly, British data protection system”.
Deeth Williams Wall https://www.dww.com/articles/uk-government-to-replace-eu%E2%80%99s-gdpr-own-british-data-protection-system

US Supreme Court To Review Section 230 Immunity Concerning Online Service Providers For The First Time US Supreme Court To Review Section 230 Immunity Concerning Online Service Providers For The First Time

Information Technology
October 18, 2022October 18, 20222022-10-18
On October 3, 2022, the United States Supreme Court (the Court) granted certiorari in Gonzalez v. Google LLC, 2 F.4th 871 (9th Cir. 2021), to consider whether section 230(c)(1) of the Communications Decency Act immunizes website operators and other online service providers when they make targeted recommendations of information provided by another information content provider, in this case terrorism-related videos posted on YouTube.
Deeth Williams Wall https://www.dww.com/articles/us-supreme-court-to-review-section-230-immunity-concerning-online-service-providers-for

US White House Executive Order Is Latest Step In Finalizing Agreement For EU-US Data Flows US White House Executive Order Is Latest Step In Finalizing Agreement For EU-US Data Flows

Privacy
October 18, 2022October 18, 20222022-10-18
On October 7, 2022, United States (US) President Joe Biden signed an Executive Order setting out the steps that the US will take to implement its commitments under the European Union-US Data Privacy Framework (the EU-US DPF). This comes after the March 2022 announcement that the European Commission and the US reached a new deal in principle on cross-border data flows, as previously reported by the E-TIPS® Newsletter here.
Deeth Williams Wall https://www.dww.com/articles/us-white-house-executive-order-latest-step-finalizing-agreement-for-euus-data-flows

Office Of The Privacy Commissioner Of Canada Tables 2021-2022 Annual Report, Highlighting A Year Of Privacy Initiatives And The Way Forward For Legal Reform Office Of The Privacy Commissioner Of Canada Tables 2021-2022 Annual Report, Highlighting A Year Of Priva...

Privacy
October 5, 2022October 5, 20222022-10-05
On September 29, 2022, the Office of the Privacy Commissioner of Canada (the OPC) tabled its 2021-2022 Annual Report to Parliament (the Annual Report) on the Privacy Act and Personal Information Protection and Electronic Documents Act (PIPEDA). The Annual Report provides an overview of the work done by the OPC during the last year.
Deeth Williams Wall https://www.dww.com/articles/office-of-privacy-commissioner-of-canada-tables-20212022-annual-report-highlighting-a-year

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