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Helping Your Ideas Take Flight For Over 25 Years.
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Noteworthy News Deeth Williams Wall and our lawyers have received awards and accolades from the following leading industry groups, sources, publications and sites.   Including The 2020 LEXPERT - Guide to the leading 500 lawyers in Canada WWL - Who's Who Legal Canadian Lawyer Magazine 2020-21 Top intellectual property Boutique Ranked in Cambers Global 2020 MIP - IP Stars
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COVID-19 Announcement DWW remains connected and available to assist you throughout the COVID-19 pandemic. Please call or email us for assistance. We wish continuing good health to all our friends, clients, and colleagues.

Recent Insights

In A Historic Move, South Africa and Australia Recognize that Artificial Intelligence can be Recognized as an Inventor In A Historic Move, South Africa and Australia Recognize that Artificial Intelligence can be Recognized a...

Patents
August 4, 2021August 4, 20212021-08-04
On July 30 2021, the Federal Court of Australia released a landmark decision in Thaler v Commissioner of Patents [2021] FCA 879, finding that artificial intelligence can be an inventor for the purposes of the Australian Patents Act 1990 (Cth). The historic decision came just days after South Africa became the first country to defy the status quo and award a patent recognising an AI as an inventor (ZA2021/03242).
Deeth Williams Wall https://www.dww.com/articles/a-historic-move-south-africa-and-australia-recognize-artificial-intelligence-can-be

Federal Court of Canada Rejects Survey Evidence in Trademark Appeal Federal Court of Canada Rejects Survey Evidence in Trademark Appeal

Trademark and Copyright Litigation
August 4, 2021August 4, 20212021-08-04
In a recent decision in Tokai of Canada Ltd v Kingsford Products Company, LLC, 2021 FC 782, involving the issue of whether two trademarks were confusing, the Federal Court of Canada (the Court) rejected the appellant’s survey evidence consisting of an online survey, finding it deficient, in that it failed to simulate a consumer’s imperfect recollection at the time when they encounter the products and the appellant’s trademark in the marketplace.
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-canada-rejects-survey-evidence-trademark-appeal

Ontario Court Partially Allows Appeal on Jurisdiction Issue for “Inside Out” Copyright Infringement Claim Ontario Court Partially Allows Appeal on Jurisdiction Issue for “Inside Out” Copyright Infringement Claim...

Trademark and Copyright Litigation
August 4, 2021August 4, 20212021-08-04
On July 12, 2021, in Pourshian v Walt Disney Company, 2021 ONSC 4840, the Ontario Superior Court of Justice (the Court) partially allowed an appeal by Mr. Damon Pourshian (Pourshian) of a decision that stayed his claim for copyright infringement against multiple Walt Disney and Pixar companies (the defendants) due to lack of court jurisdiction.
Deeth Williams Wall https://www.dww.com/articles/ontario-court-partially-allows-appeal-on-jurisdiction-issue-for-%E2%80%9Cinside-out%E2%80%9D-copyright

Government of Canada Launches Consultation on a Modern Copyright Framework for Artificial Intelligence and the Internet of Things Government of Canada Launches Consultation on a Modern Copyright Framework for Artificial Intelligence an...

Copyright
August 4, 2021August 4, 20212021-08-04
On July 16, 2021, the Government of Canada (the Government) launched a public consultation on a modern copyright framework for artificial intelligence (AI) and the Internet of Things (IoT) with a view to informing policy development and ensuring that Canada’s copyright framework reflects the evolving digital world. Along with the consultation, the Government published a consultation paper that (i) raises the challenges to the copyright framework around AI and IoT; (ii) presents possible approaches to address them; and (iii) outlines questions to help guide the development of policy measures.
Deeth Williams Wall https://www.dww.com/articles/government-of-canada-launches-consultation-on-a-modern-copyright-framework-for-artificial

Federal Court of Canada Finds Knight Parties in Contempt of Court Federal Court of Canada Finds Knight Parties in Contempt of Court

Trademark and Copyright Litigation
August 4, 2021August 4, 20212021-08-04
On July 20, 2021, the Federal Court of Canada (the Court), in Canadian Standards Association v PS Knight Co Ltd and Gordon Knight, 2021 FC 770, found P.S. Knight Co. Ltd., Mr. Gordon Knight and Knight Americas (collectively, the Knight Parties) in contempt of court for failing to abide by, or aiding and abetting another Knight Party to contravene, an amended judgement and a supplemental judgement in 2016 FC 294 (previously reported by E-TIPS® Newsletter here) and 2016 FC 387 (collectively, the Judgement).
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-canada-finds-knight-parties-contempt-of-court

Federal Court of Canada Finds the Operation of Google’s Search Engine a Commercial Activity Under PIPEDA Federal Court of Canada Finds the Operation of Google’s Search Engine a Commercial Activity Under PIPEDA

Privacy
July 21, 2021July 21, 20212021-07-21
On July 8, 2021, the Federal Court of Canada (the Court) in Reference re Subsection 18.3(1) of the Federal Courts Act, 2021 FC 723, found that Google’s search engine service operates in the course of commercial activities within the meaning of the Personal Information Protection and Electronic Documents Act (PIPEDA), and that such service does not fall under PIPEDA’s journalistic exemption.
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-canada-finds-operation-of-google%E2%80%99s-search-engine-a-commercial-activity

Events

June 3, 2021

DWW Associate Jennifer Davidson will moderate a panel discussing The Gender Pay Gap in the Legal & Technology Sectors at the Canadian Technology Law Association's Spring Conference on June 3rd, 2021.

June 2, 2021

DWW Partner Amy-Lynne Williams will be speaking on a panel discussing Best Practices for Implementing a Successful Digital Transformation Project at the Canadian Technology Law Association's Spring Conference.  Join this session moderated by Arun Krishnamurti, as Peter Ruby, Amy-Lynne Williams, and Daniel Bourque discuss the key takeaways from the High Court of Justice of England and Wales decision in CIS General Insurance Ltd v IBM United Kingdom Ltd [2021] EWHC 347 (TCC) and provide you with best practices