Recent Insights

Overview of the Administrative Law Trilogy and Standard of Review Overview of the Administrative Law Trilogy and Standard of Review

Litigation
January 29, 2020January 29, 20202020-01-29
In December 2019, the Supreme Court of Canada (SCC) released decisions that brought clarity to the post-Dunsmuir standard of review landscape. In the first of the decisions, Canada (Minister of Citizenship and Immigration) v Vavilov, 2019 SCC 65 (Vavilov), the SCC readdressed and further clarified the standard of review. The second decision, Bell Canada v Canada (Attorney General), 2019 SCC 66, applied the standard of review outlined in Vavilov.
Deeth Williams Wall https://www.dww.com/articles/overview-of-administrative-law-trilogy-and-standard-of-review

Federal Privacy Commissioner Addresses Complaints Regarding Search of Electronic Devices and Data by Canadian Border Services Agency Federal Privacy Commissioner Addresses Complaints Regarding Search of Electronic Devices and Data by Cana...

Privacy
January 29, 2020January 29, 20202020-01-29
At the end of 2019, the Canadian federal Privacy Commissioner (the Commissioner) submitted the annual report to the Federal Parliament regarding privacy law reform in Canada (the Report). In one section of the Report, the Commissioner detailed investigations into six different complaints by travellers in relation to searches of electronic devices and data by the Canadian Border Services Agency (CBSA).
Deeth Williams Wall https://www.dww.com/articles/federal-privacy-commissioner-addresses-complaints-regarding-search-of-electronic-devices

United States-Mexico-Canada Agreement Amendments Bring Changes to Data Protection for Biologic Drugs United States-Mexico-Canada Agreement Amendments Bring Changes to Data Protection for Biologic Drugs

Patent
January 29, 2020January 29, 20202020-01-29
On December 10, 2019, the United States-Mexico-Canada Agreement (USMCA) was amended (see the amendments here).  One of the major changes made relates to data protection for new biologic drugs.
Deeth Williams Wall https://www.dww.com/articles/united-statesmexicocanada-agreement-amendments-bring-changes-to-data-protection-for

Chinese Court Grants Copyright Protection for AI-written Article Chinese Court Grants Copyright Protection for AI-written Article

Copyright
January 29, 2020January 29, 20202020-01-29
Recently, the Shenzhen Nanshan District People’s Court (the Court) ruled in favour of Shenzhen Tencent Computer System Co Ltd (Tencent) in their claim for copyright infringement against the defendant with respect to an article written by Tencent’s artificial intelligence (AI) software, Dreamwriter.
Deeth Williams Wall https://www.dww.com/articles/chinese-court-grants-copyright-protection-for-aiwritten-article

Canadian Trademarks Office Publishes New Practice Notice Regarding Extensions of Time in Examination Canadian Trademarks Office Publishes New Practice Notice Regarding Extensions of Time in Examination

Trademark
January 29, 2020January 29, 20202020-01-29
On January 17, 2020, the Canadian Trademarks Office (the Office) published a new practice notice regarding extensions of time in trademark examination.  The practice notice states that the Office will no longer grant extensions of time to respond to an examiner’s report unless the applicant demonstrates “exceptional circumstances”.  In other words, the six month response deadline set out in an examiner’s report will not be extendable absent exceptional circumstances.
Deeth Williams Wall https://www.dww.com/articles/canadian-trademarks-office-publishes-new-practice-notice-regarding-extensions-of-time

Call Blocking and Other Consumer Protection Methods for Unsolicited Calls Call Blocking and Other Consumer Protection Methods for Unsolicited Calls

Telecommunications
January 29, 2020January 29, 20202020-01-29
On December 17, 2019, the Canadian Radio-television and Telecommunications Commission (CRTC) announced that Canadians will soon have access to a call blocking system allowing consumers to protect themselves against unsolicited and illegitimate calls.  The system works to block calls before they reach the subscriber if they contain caller identification information that exceeds 15 digits or do not conform to the typical format of phone numbers (e.g. 000-000-0000).  With this system in place, consumers will have a more effective method to manage nuisance calls.
Deeth Williams Wall https://www.dww.com/articles/call-blocking-and-other-consumer-protection-methods-for-unsolicited-calls

Events

February 5, 2020

Jennifer R. Davidson will be co-chairing CAN-TECH’s upcoming event “The Artificial Inventor? A panel discussion on patenting AI-generated inventions with World-Renowned Professor Ryan Abbott” on February 5, 2020.

The program discusses the global developments in recognizing AI as an inventor for patented inventions. Change-maker Professor Ryan Abbott and other AI thought leaders will provide insights about the DABUS test case, the USPTO call for comments, and other international trends.  

February 4, 2020

Jennifer R. Davidson to co-chair the Ontario Bar Association's Institute 2020 program: The Future of Innovation: Fundamental Shifts in IP and IT Law, on February 4, 2020.

The program discusses how robots, drones, artificial intelligence, quantum computing and emerging technologies are changing the legal landscape in the intellectual property and information technology world.

Join Jennifer as she co-chairs a panel of experts on how these emerging technologies are revolutionizing how we obtain, protect and enforce intellectual property and business interests.

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.