Recent Insights

Information and Privacy Laws Across Canada are Overdue for Reform Information and Privacy Laws Across Canada are Overdue for Reform

Privacy
November 13, 2019November 13, 20192019-11-13
On November 6, 2019, the Office of the Privacy Commissioner of Canada (OPC) announced a joint resolution of the federal, provincial and territorial Information and Privacy Commissioners (collectively, the Commissioners) calling on their governments to modernize access to information and privacy laws, which they say "have sadly fallen behi
Deeth Williams Wall https://www.dww.com/articles/information-and-privacy-laws-across-canada-are-overdue-for-reform

European Trademark Invalidity Questions Referred to the CJEU European Trademark Invalidity Questions Referred to the CJEU

Trademark and Copyright Litigation
November 13, 2019November 13, 20192019-11-13
In the recent opinion issued by the Advocate General (AG) of the Court of Justice of the European Union (CJEU) in Sky v SkyKick (Case C-371/18), the AG advised that trademark registrations that cover broad and imprecise goods and services, such as “computer software”, could be declared invalid on the basis that they are contrary to public policy.
Deeth Williams Wall https://www.dww.com/articles/european-trademark-invalidity-questions-referred-to-cjeu

United States District Court to Address Copyright and Embedded Tweets United States District Court to Address Copyright and Embedded Tweets

Copyright
November 13, 2019November 13, 20192019-11-13
On October 27, 2019, Mr. Justin Goldman (Goldman) filed a lawsuit against Cox Radio Inc. in the US District Court for the Southern District of Florida (Court) for the alleged unauthorized use of a photo embedded in the company’s online tweets. The photo, which was protected by federal copyright and registered with the United States Copyright Office, went viral and created speculation surrounding the circumstances of two prominent sports figures.
Deeth Williams Wall https://www.dww.com/articles/united-states-district-court-to-address-copyright-and-embedded-tweets

Mandatory Breach Reporting Rules under PIPEDA Turns One Mandatory Breach Reporting Rules under PIPEDA Turns One

Privacy
November 13, 2019November 13, 20192019-11-13
On November 1, 2018, mandatory breach reporting rules under the Personal Information Protection and Electronic Documents Act (PIPEDA) came into effect (reported by the E-TIPS® Newsletter here). Since then, the Office of the Privacy Commissioner of Canada (OPC) has received over 680 breach reports affecting more than 28 million Canadians.
Deeth Williams Wall https://www.dww.com/articles/mandatory-breach-reporting-rules-under-pipeda-turns-one

Software Flaws with the Uber Self-Driving Car Caused the Fatal Crash in 2018 Software Flaws with the Uber Self-Driving Car Caused the Fatal Crash in 2018

Information Technology
November 13, 2019November 13, 20192019-11-14
On March 18, 2018, a self-driving Uber car in Tempe, Arizona hit a pedestrian walking her bicycle outside of an allocated crosswalk at night.  The pedestrian  died. It was recently revealed by a National Transportation Safety Board (NTSB) report that this fatal collision was due to a software flaw in Uber’s automated vehicles; the technology of these test vehicles did not have the ability to anticipate or detect jaywalking pedestrians.
Deeth Williams Wall https://www.dww.com/articles/software-flaws-uber-selfdriving-car-caused-fatal-crash-2018

Section 8 Defence of Infringement Must be Grounded in Actual Infringement Section 8 Defence of Infringement Must be Grounded in Actual Infringement

Pharmaceutical Patent Litigation
November 13, 2019November 13, 20192019-11-13
On October 10, 2019, the Federal Court of Canada, in Pharmascience Inc. v Pfizer Canada ULC 2019 FC 1271, held that reliance on section 8 of the Patent Medicines Notice of Compliance Regulations (the Regulations) must be grounded in actual, and not hypothetical or potential, infringement.
Deeth Williams Wall https://www.dww.com/articles/section-8-defence-of-infringement-must-be-grounded-actual-infringement

Events

November 21, 2019

Jennifer R Davidson will be co-chairing CAN-TECH’s Women in Technology’s event "Disrupting Bias — Overcoming Our Discomfort with Differences" with award-winning life coach and author Ritu Bhasin, in Toronto on November 21, 2019. The discussion takes an in-depth look at how we can build more diverse and inclusive environments within the tech sector.

November 19, 2019

Richard Austin will be speaking on “Third Party Contracts: How Well Are You Protecting Client/Confidential Information in the Hands of Your Third Party Providers Inside and Outside Canada?” at INFONEX's Legal Issues in Privacy & Cyber Security conference in Toronto on November 19, 2019.

October 28, 2019

Jennifer Davidson will be moderating the Microsoft Women in Tech Luncheon Panel on "Leaders in Tech: Building Dynamic Inclusive Cultures" at CAN-TECH's 23rd Annual Conference in Toronto on October 28th, 2019.