E-TIPS

On November 16, 2021, Miramax filed a lawsuit against Quentin Tarantino for his planned auction of non-fungible tokens (NFTs) based on his original hand-written script of the film Pulp Fiction. In the lawsuit, Miramax alleges several causes of action, including breach of contract, copyright infringement, and trademark infringement.

On November 9, 2021, the Federal Court of Canada (the Court) in Farmobile, LLC v Farmers Edge Inc., 2021 FC 1200, held that a party may not appoint co-solicitors of record as of right.

On November 30, 2021, the Ontario government passed Bill 27, Working for Workers Act, 2021 (the Act), which introduces, among other things, a prohibition on the use of non-compete agreements for employees and a requirement for certain employers to have a “disconnecting from work” policy.

Receiving a demand letter alleging that you have infringed copyright can come as a surprise. An understanding of Canadian copyright law and the contextual background can help you decide what to do next.

On November 5, 2021, the Québec Court of Appeal (the Court) in Constellation Brands US Operations c Société de vin internationale ltée, 2021 QCCA 1664, dismissed an appeal from a decision of the Québec Superior Court, in which the trial judge rejected Constellation Brands US Operations’ (Constellation) claim against Société de vin internationale ltée (SVI) for infringement of the Trademarks Act and the Copyright Act.

On November 15, 2021, the Federal Court of Canada (the Court) issued its decision in Toronto Regional Real Estate Board v IMS Incorporated, 2021 FC 1239, granting the motion of Toronto Regional Real Estate Board (TRREB) and setting aside in part the order of the Case Management Judge (CMJ) that struck TRREB’s copyright infringement claims without leave to amend.

On November 9, 2021, the Office of the Superintendent of Financial Institutions (OSFI) launched a public consultation on Draft Guideline B‑13: Technology and Cyber Risk Management (the Guideline). It applies to federally regulated financial institutions (FRFIs) and addresses OSFI’s expectations in relation to technology and cyber risks.

On November 3, 2021, the Office of the Australian Information Commissioner (OAIC) announced that Clearview AI, Inc. was found to have breached Australians’ privacy by scraping citizens’ biometric information and disclosing it through a facial recognition tool.

On October 27, 2021, the Office of the Privacy Commissioner of Canada (the OPC) released observations following a series of international engagements between data protection and privacy authorities around the world and four of the biggest video teleconferencing (VTC) companies: Microsoft, Cisco, Zoom, and Google (the Organizations).

On October 25, 2021, the Ontario government introduced Bill 27, Working for Workers Act, 2021 (Bill 27), that if passed, would significantly change employment laws, including imposing a prohibition on non-compete agreements for employees.

On October 29, 2021, the UK Intellectual Property Office (UKIPO) launched a consultation on how copyright and patent legislation should deal with artificial intelligence (AI).

On November 8, 2021, the Federal Court of Canada (the Court) in Toronto Regional Real Estate Board v R E Stats Inc. (ReDatum), 2021 FC 1193, granted a motion by the defendants, R E Stats Inc. (operating as ReDatum) and Gabriel Stefanescu, to set aside the Order granting the plaintiff, the Toronto Regional Real Estate Board (the TRREB), default judgment for copyright infringement relating to the TRREB Multiple Listing Service (the TRREB MLS® System).

On October 15, 2021, the Supreme Court of Canada (the Supreme Court) issued its decision in 6362222 Canada inc. v. Prelco inc., 2021 SCC 39, finding that, under the Civil Code of Québec (the Code), the doctrine of fundamental breach did not render a non-liability clause (i.e., a limitation of liability clause) inoperative.

On September 29, 2021, the Federal Court of Canada (Court) in Merck Canada Inc. v Canada (Health), 2021 FC 1015, held that the decision of the Minister of Health (the Minister) to deny a Certificate of Supplementary Protection (CSP) in respect of the Canadian Patent No. 2,670,892 and the drug BELSOMRA (suvorexant) was unreasonable since it failed to consider the object and purpose of the CSP legislative regime.

On October 13, 2021, the Office of the Information and Privacy Commissioner of Alberta (OIPC) released its investigation report regarding LifeLabs Inc.’s (LifeLabs) compliance with Alberta’s Personal Information Protection Act (PIPA).

On October 12, 2021, the County Court at Oxford (the Court) released its decision in Fairhurst v, Woodward (Case No: G00MK161), holding that the Defendant, Jon Woodard, breached the United Kingdom’s Data Protection Act 2018 (the DPA) and the European Union’s General Data Protection Regulation (the Regulations) in his use of surveillance equipment around his property. The surveillance equipment was purchased from the Amazon-owned company, Ring, and included security cameras and a doorbell with audio and video recording capabilities.

Ransomware attacks are on the rise, with the Federal Bureau of Investigation reporting a nearly 21% increase in reported ransomware cases and a 225% growth in associated losses from 2019-2020. On September 21, 2021, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) issued an updated advisory to highlight the sanctions risks associated with ransomware payments to malicious cyber actors and proactive steps that companies can take to mitigate those risks.

On September 15, 2021, the Federal Court of Appeal of Canada (FCA) issued its decision in Stross v Trend Hunter Inc., 2021 FC 955, upholding the decision of the Federal Court (FC) finding that Trend Hunter Inc. (Trend Hunter) was liable for copyright infringement as its use of photographs did not fall under the “news reporting” exception and was not “fair dealing”.

On September 21, 2021, the England and Wales Court of Appeal (the Court) released its decision in Thaler v Comptroller General of Patents Trade Marks And Designs, [2021] EWCA Civ 1374, with a 2-1 majority holding that an artificial intelligence (AI) machine cannot qualify as an inventor under UK patent law.

On September 22, 2021, the Federal Court of Canada (FC) issued its decision in Caterpillar Inc. v Puma SE, 2021 FC 974, granting an appeal from a decision of the Trademarks Opposition Board (TMOB), in which the TMOB rejected Caterpillar’s opposition to Puma’s application for the trademark procat.