Recent Insights

California’s New IoT Security Law California’s New IoT Security Law

Security
October 2, 2019October 2, 20192019-10-02
On January 1, 2020, California’s new Internet of Things (IoT) Security Law goes into effect. The new law, which requires that all IoT devices sold in California be equipped with reasonable security features, is the first IoT-specific security law in the United States.
Deeth Williams Wall https://www.dww.com/articles/california%E2%80%99s-new-iot-security-law

Recovery of Profit Claim Fails for Failing to Prove Profits Sought Related to Alleged Infringement Recovery of Profit Claim Fails for Failing to Prove Profits Sought Related to Alleged Infringement

Trademark and Copyright Litigation
October 2, 2019October 2, 20192019-10-02
On August 21, 2019, the Québec Superior Court (Court) released its judgment, in Constellation Brands US Operations c Société de vin internationale ltée, 2019 QCCS 3610, finding that Constellation Brands US Operations (Constellation) failed to prove its claim for damages against Société de vin international ltée (SVI).
Deeth Williams Wall https://www.dww.com/articles/recovery-of-profit-claim-fails-for-failing-to-prove-profits-sought-related-to-alleged

OPC Concludes Consultation on Transborder Data Flows OPC Concludes Consultation on Transborder Data Flows

Privacy
October 2, 2019October 2, 20192019-10-02
On September 23, 2019, the Office of the Privacy Commissioner of Canada (OPC) announced that it has concluded its consultation on transborder data flows and that its guidelines for processing personal data across borders will remain unchanged.
Deeth Williams Wall https://www.dww.com/articles/opc-concludes-consultation-on-transborder-data-flows

Super Channel Files Copyright Lawsuit Alleging that Certain Retailers Encourage Piracy Super Channel Files Copyright Lawsuit Alleging that Certain Retailers Encourage Piracy

Trademark and Copyright Litigation
October 2, 2019October 2, 20192019-10-02
On September 11, 2019, Allarco Entertainment 2008 Inc (Super Channel), a premium TV network, filed a statement of claim in the Federal Court (Court) alleging that Staples Canada Inc, Best Buy Canada Ltd, London Drugs Ltd, Canada Computers Inc and their respective affiliates (collectively, the Retailers) infringed Super Channel’s copyright in its network communication signals.
Deeth Williams Wall https://www.dww.com/articles/super-channel-files-copyright-lawsuit-alleging-certain-retailers-encourage-piracy

SCC Finds Plans of Survey are Crown Works SCC Finds Plans of Survey are Crown Works

Copyright
October 2, 2019October 2, 20192019-10-02
On September 26, 2019, the Supreme Court of Canada (SCC) released its decision in Keatley Surveying Ltd v Teranet Inc, 2019 SCC 43, holding that plans of survey are published under the direction or control of the Crown, and so, pursuant to section 12 of the Copyright Act, RSC, 1985, c C-42 (the Act), copyright inures to the province as a result of the automatic transfer of copyright to the Cro
Deeth Williams Wall https://www.dww.com/articles/scc-finds-plans-of-survey-are-crown-works

European Court of Justice Rules That ‘Right to be Forgotten’ Does Not Extend Globally European Court of Justice Rules That ‘Right to be Forgotten’ Does Not Extend Globally

Privacy
October 2, 2019October 2, 20192019-10-02
On September 24, 2019, in Google LLC v Commission nationale de l’informatique et des libertés, C‑507/17, the European Court of Justice (Court) held that the right to be forgotten under the General Data Protection Regulation (“GDPR”) does not require search engine operators to remove web links to online search results globally.  Rather, the Court held that search engine
Deeth Williams Wall https://www.dww.com/articles/european-court-of-justice-rules-%E2%80%98right-to-be-forgotten%E2%80%99-does-not-extend-globally

Events

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.

October 28, 2019

Richard Austin will be participating in a panel on “The Artificial Intelligence World: Emerging Issues” at CAN-TECH's 23rd Annual Conference in Toronto on October 28th, 2019.

October 28, 2019

Amy-Lynne Williams will be participating in a panel on “Professional Responsibility in the Digital Age” at CAN-TECH's 23rd Annual Conference in Toronto on October 28th, 2019.