Federal Court Takes Another Look at Protective Orders Federal Court Takes Another Look at Protective Orders

Patent Litigation
May 15, 2019May 15, 20192019-05-15
For years, the Federal Court of Canada (Court) has routinely granted protective orders providing for the handling and protection of documents and information disclosed between the parties during discovery. Recently, the Court has declined to grant such orders, both when sought on consent and when opposed, preferring for parties to rely on common law implied undertakings and contractual arrangements. 
Deeth Williams Wall https://www.dww.com/articles/federal-court-takes-another-look-at-protective-orders

UK Government Proposes Internet of Things Cyber-Security Law UK Government Proposes Internet of Things Cyber-Security Law

Information Technology
May 15, 2019May 15, 20192019-05-15
On May 1, 2019, the United Kingdom (UK) government announced plans to introduce a new Internet of Things (IoT) cyber-security law.
Deeth Williams Wall https://www.dww.com/articles/uk-government-proposes-internet-of-things-cybersecurity-law

Canada Border Services Seizes Lawyer's Phone and Laptop After Refusing to Provide Passwords Canada Border Services Seizes Lawyer's Phone and Laptop After Refusing to Provide Passwords

Privacy
May 15, 2019May 15, 20192019-05-15
On April 10, 2019, Toronto business lawyer Nick Wright landed at Pearson Airport after a four-month trip abroad.
Deeth Williams Wall https://www.dww.com/articles/canada-border-services-seizes-lawyers-phone-and-laptop-after-refusing-to-provide-passwords

Federal Court Awards $20 Million in an Obituary Piracy Class Action Lawsuit Federal Court Awards $20 Million in an Obituary Piracy Class Action Lawsuit

Copyright
May 15, 2019May 15, 20192019-05-15
On May 1, 2019, the Federal Court (Court) released its decision in Thomson v Afterlife Network Inc, 2019 FC 545, a class proceeding for copyright and moral rights infringement under
Deeth Williams Wall https://www.dww.com/articles/federal-court-awards-20-million-an-obituary-piracy-class-action-lawsuit

Re:Sound and SOCAN Collaborate to Simplify Music Licensing Re:Sound and SOCAN Collaborate to Simplify Music Licensing

Copyright
May 15, 2019May 15, 20192019-05-15
On May 8, 2019, Re:Sound and SOCAN announced that they are collaborating to form a new joint venture called Entandem. The joint venture aims to simplify performance rights music licensing by creating a single portal for businesses to pay for the licenses they need to publically play music.
Deeth Williams Wall https://www.dww.com/articles/resound-and-socan-collaborate-to-simplify-music-licensing

Federal Court of Appeal Upholds Decision Finding Fracturing Patent Invalid Federal Court of Appeal Upholds Decision Finding Fracturing Patent Invalid

Patent
May 15, 2019May 15, 20192019-05-15
On April 24, 2019, in Packers Plus Energy Services Inc v Essential Energy Services Ltd, 2019 FCA 96, the Federal Court of Appeal (FCA) dismissed the appeal of Packers Plus Energy Services Inc
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-appeal-upholds-decision-finding-fracturing-patent-invalid

CRTC Imposes $100,000 Penalty on nCrowd’s CEO for CASL Violations CRTC Imposes $100,000 Penalty on nCrowd’s CEO for CASL Violations

Telecommunications
May 1, 2019May 1, 20192019-05-01
On April 23, 2019, the Canadian Radio-television and Telecommunications Commission (CRTC) imposed a $100,000 penalty on Mr Brian Conley for violations of Canada’s anti-spam legislation (CASL). 
Deeth Williams Wall https://www.dww.com/node/3307

Federal Court Dismisses Passing Off Claim in Family Dispute Federal Court Dismisses Passing Off Claim in Family Dispute

Trademark and Copyright Litigation
May 1, 2019May 1, 20192019-05-01
On April 12, 2019, in CW Parsons Ltd v Parsons Paving Ltd, 2019 FC 458, the Federal Court (Court) dismissed an application claiming passing off under subsections 7(b), (c) and (d) of the
Deeth Williams Wall https://www.dww.com/node/3306

Investigation into Facebook’s Privacy Practices Finds “Major Shortcomings” Investigation into Facebook’s Privacy Practices Finds “Major Shortcomings”

Privacy
May 1, 2019May 1, 20192019-05-01
On April 25, 2019, the Office of the Privacy Commissioner of Canada (OPC) released its findings in its investigation into Facebook Inc’s (Facebook) disclosure of its users’ personal information to third-
Deeth Williams Wall https://www.dww.com/node/3305

OPC Releases Supplementary Discussion Document on Transborder Dataflows OPC Releases Supplementary Discussion Document on Transborder Dataflows

Privacy
May 1, 2019May 1, 20192019-05-01
On April 23, 2019, the Office of the Privacy Commissioner of Canada (OPC) released a supplementary discussion document providing further explanation as to why the OPC is revisiting its policy position on
Deeth Williams Wall https://www.dww.com/node/3304

CRTC Orders TVA Group to Continue Providing Signals to Bell Canada Subscribers During Commercial Dispute CRTC Orders TVA Group to Continue Providing Signals to Bell Canada Subscribers During Commercial Dispute

Telecommunications
May 1, 2019May 1, 20192019-05-01
On April 18, 2019, the Canadian Radio-television and Telecommunications Commission (CRTC) imposed a mandatory order on TVA Group Inc (TVA) to comply with its regulations and provide its signals to Bell Canada subscribers without interruption, despite Bell Canada and TVA being in the midst of a dispute arising from commercial negotiations, and threatened suspension of TVA's license of its TVA Sports channel in the event they interfere with the signal again before the dispute is resolved.
Deeth Williams Wall https://www.dww.com/node/3302

OPC Announces Consultation on Transborder Dataflows OPC Announces Consultation on Transborder Dataflows

Privacy
April 17, 2019April 17, 20192019-04-17
On April 9, 2019, the Office of the Privacy Commissioner of Canada (OPC) announced that it is revisiting its policy position on transborder dataflows under the Personal Information Protection and Electronic Documents Act (PIPEDA).  The
Deeth Williams Wall https://www.dww.com/node/3300

European Commission Launches Pilot Program to Test Ethical Guidelines for Artificial Intelligence European Commission Launches Pilot Program to Test Ethical Guidelines for Artificial Intelligence

Information Technology
April 17, 2019April 17, 20192019-04-17
On April 8, 2019, the European Commission (Commission) announced the launch of a pilot project to test draft ethical rules for developing and applying artificial intelligence (AI) technologies.
Deeth Williams Wall https://www.dww.com/node/3299

Federal Court of Appeal Dismisses Appeal in Trademark Opposition Proceeding Federal Court of Appeal Dismisses Appeal in Trademark Opposition Proceeding

Trademark
April 17, 2019April 17, 20192019-04-17
On April 2, 2019, in Seara Alimentos Ltd v Amira Enterprises Inc, 2019 FCA 63, the Federal Court of Appeal (FCA) dismissed an appeal by Seara from a decision of the Federal Court refusing registration of Seara’s trademarks.
Deeth Williams Wall https://www.dww.com/node/3297

Federal Court Dismisses Application to Expunge Upper Crust’s Trademark Federal Court Dismisses Application to Expunge Upper Crust’s Trademark

Trademark
April 17, 2019April 17, 20192019-04-17
On April 2, 2019, in Bon Appetit Danish, Inc v 2168587 Ontario Ltd, 2019 FC 396, the Federal Court (Court) dismissed an application brought by
Deeth Williams Wall https://www.dww.com/node/3295

Federal Court Considers Validity and Infringement of Canadian Patent 2,491,858 Federal Court Considers Validity and Infringement of Canadian Patent 2,491,858

Patent Litigation
April 3, 2019April 3, 20192019-04-03
On March 6, 2019, the Federal Court (Court) issued a decision in Tensar Technologies Ltd v Enviro-Pro Geosynthetics Ltd, 2019 FC 277, considering the validity and infringement of Canadian Patent 2,491,858 (the ‘858 Patent), owned by Tensar Technologies, Limited (Tensar).  The Court found that the claims at issue were valid, but not infringed b
Deeth Williams Wall https://www.dww.com/node/3293

Competition Bureau Finalizes IP Enforcement Guidelines Competition Bureau Finalizes IP Enforcement Guidelines

Intellectual Property
April 3, 2019April 3, 20192019-04-03
On March 13, 2019, the Competition Bureau (the Bureau) published a final version of its revised Intellectual Property Enforcement Guidelines (IPEGs).
Deeth Williams Wall https://www.dww.com/node/3292