Ontario Government Provides Guidance On The New Disclosure Requirements For The Electronic Monitoring Of Employees Ontario Government Provides Guidance On The New Disclosure Requirements For The Electronic Monitoring Of ...

Privacy
August 10, 2022August 10, 20222022-08-10
Further to our previous E-TIPS® articles on the Working for Workers Act, 2022 (the Act) found here and here, on July 12, 2022, Ontario’s Guide to the Employment Standards Act (the Guide) was updated to provide Ontario employers with guidance regarding the disclosure requirements for the electronic monitoring of employees that must be complied with by October 11, 2022.
Deeth Williams Wall https://www.dww.com/articles/ontario-government-provides-guidance-on-new-disclosure-requirements-for-electronic

European Patent Office Confirms That A Machine Cannot Be An Inventor European Patent Office Confirms That A Machine Cannot Be An Inventor

Patents
August 10, 2022August 10, 20222022-08-10
On July 5, 2022, the Legal Board of Appeal of the European Patent Office (EPO) issued its decision in case J 8/20. The Legal Board of Appeal (the Board) confirmed the decision of the Receiving Section of the EPO to refuse patent application number EP 18 275 163 on the basis that an artificial intelligence (AI) system cannot be the inventor of a patent.
Deeth Williams Wall https://www.dww.com/articles/european-patent-office-confirms-a-machine-cannot-be-an-inventor

Office Of The Privacy Commissioner Of Canada Responds To Proposed Regulations For Examining Personal Digital Devices At Canadian Borders Office Of The Privacy Commissioner Of Canada Responds To Proposed Regulations For Examining Personal Digi...

Privacy
August 10, 2022August 10, 20222022-08-10
On July 14, 2022, the Office of the Privacy Commissioner of Canada (OPC) provided its submission in response to a consultation launched by the Canada Border Services Agency (CBSA) on proposed Regulations for the Examination of Documents Stored on Personal Digital Devices (the Regulations).
Deeth Williams Wall https://www.dww.com/articles/office-of-privacy-commissioner-of-canada-responds-to-proposed-regulations-for-examining

Québec Publishes Draft Regulations On Reporting Confidentiality Incidents Québec Publishes Draft Regulations On Reporting Confidentiality Incidents

Cybersecurity
August 10, 2022August 10, 20222022-08-10
On June 29, 2022, the Québec government published draft regulations respecting confidentiality incidents (the Draft Regulations) that provide details on how public and private sector organizations should be required to handle breaches affecting personal information under the new privacy regime in Québec.
Deeth Williams Wall https://www.dww.com/articles/qu%C3%A9bec-publishes-draft-regulations-on-reporting-confidentiality-incidents

Federal Court Of Canada Expunges Trademarks On Summary Trial, Dismisses Passing Off Claim Federal Court Of Canada Expunges Trademarks On Summary Trial, Dismisses Passing Off Claim

Trademark and Copyright Litigation
August 10, 2022August 10, 20222022-08-10
On July 14, 2022, the Federal Court of Canada (the Court) issued its decision in Dragona Carpet Supplies Mississauga Inc. v Dragona Carpet Supplies Ltd., 2022 FC 1042, in which it dismissed the Plaintiff’s action and expunged the Plaintiff’s trademark registrations on summary trial.
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-canada-expunges-trademarks-on-summary-trial-dismisses-passing-off-claim

Supreme Court Of Canada Holds That Making Works Available Online Is Not A Separately Protected And Compensable Activity Supreme Court Of Canada Holds That Making Works Available Online Is Not A Separately Protected And Compen...

Trademark and Copyright Litigation
July 27, 2022July 27, 20222022-07-27
On July 15, 2022, the Supreme Court of Canada (the SCC) issued its decision in Society of Composers, Authors and Music Publishers of Canada v Entertainment Software Association, 2022 SCC 30, in which it unanimously affirmed the decision of the Federal Court of Appeal finding that the Copyright Act (the Act) only requires users to pay one royalty fee to stream works online. The Court also revised the standard of review for decisions where an administrative body and courts share concurrent first instance jurisdiction over questions of law.
Deeth Williams Wall https://www.dww.com/articles/supreme-court-of-canada-holds-making-works-available-online-not-a-separately-protected-and

OSFI Releases Final Version Of Guideline B-13: Technology And Cyber Risk Management OSFI Releases Final Version Of Guideline B-13: Technology And Cyber Risk Management

Cybersecurity
July 27, 2022July 27, 20222022-07-27
On July 13, 2022, the Office of the Superintendent of Financial Institutions (OSFI) released its final Guideline B-13: Technology and Cyber Risk Management (Guideline B-13), which describes OSFI’s expectations for how federally regulated financial institutions (FRFIs) should manage technology and cyber risks.
Deeth Williams Wall https://www.dww.com/articles/osfi-releases-final-version-of-guideline-b13-technology-and-cyber-risk-management

Health Canada Introduces New Regulations For Supplemented Foods Health Canada Introduces New Regulations For Supplemented Foods

Food and Drug
July 27, 2022July 27, 20222022-07-27
On July 20, 2022, Health Canada published amendments to the Food and Drug Regulations in the Canada Gazette Part II. The amendments add new regulations for supplemented foods. Supplemented foods are prepackaged foods containing one or more added ingredients, such as vitamins, minerals, amino acids, or caffeine, and are marketed as providing a specific physiological or health effect. The primary target for these regulations is consumer energy-type beverages, which have been treated inconsistently and, on an ad-hoc basis for many years. The new supplemented foods regulations came into force on July 20, 2022 but have a transition period to January 1, 2026.
Deeth Williams Wall https://www.dww.com/articles/health-canada-introduces-new-regulations-for-supplemented-foods

Health Canada Introduces New Front-Of-Package Nutrition Labelling Regulations Health Canada Introduces New Front-Of-Package Nutrition Labelling Regulations

Food and Drug
July 27, 2022July 27, 20222022-07-27
On July 20, 2022, Health Canada published long-expected amendments to the Food and Drug Regulations in the Canada Gazette Part II. The amendments add a new requirement for front-of-package (FOP) nutrition symbol labelling for most prepackaged foods that are high in saturated fat, sugars and/or sodium. The new labelling requirements come into force immediately, on July 20, 2022; however, the food industry has been given a transitional period of until December 21, 2025, to meet the new requirements.
Deeth Williams Wall https://www.dww.com/articles/health-canada-introduces-new-frontofpackage-nutrition-labelling-regulations

Health Canada Introduces New Labelling Requirements Through Amendments to the Natural Health Product Regulations Health Canada Introduces New Labelling Requirements Through Amendments to the Natural Health Product Regu...

Natural Health Products
July 27, 2022July 27, 20222022-07-27
On July 6, 2022, amendments to the Natural Health Products Regulations were published in the Canada Gazette Part II. The amendments introduce new labelling requirements for natural health products (NHPs) sold in Canada. Health Canada also published a guidance document to help organizations comply with the amended labelling requirements. These new labelling requirements are set to come into force in three years (i.e. on July 6, 2025) with product license holders having an additional three years from that date to amend their NHP labels to comply with the new requirements.
Deeth Williams Wall https://www.dww.com/articles/health-canada-introduces-new-labelling-requirements-through-amendments-to-natural-health

Ontario Court of Appeal Confirms No Duty To Defend An Action Alleging The Tort Of Intrusion Upon Seclusion Ontario Court of Appeal Confirms No Duty To Defend An Action Alleging The Tort Of Intrusion Upon Seclusio...

Privacy
July 27, 2022July 27, 20222022-07-27
On June 30, 2022, the Ontario Court of Appeal (the Court) issued its decision in Demme v. Healthcare Insurance Reciprocal of Canada, 2022 ONCA 503 (Demme), confirming that a commercial liability insurer had no duty to defend against claims that were based on the tort of intrusion upon seclusion.
Deeth Williams Wall https://www.dww.com/articles/ontario-court-of-appeal-confirms-no-duty-to-defend-an-action-alleging-tort-of-intrusion

Canada Extends Term of Copyright in Works to Life of Author Plus 70 Years Canada Extends Term of Copyright in Works to Life of Author Plus 70 Years

Copyright
July 13, 2022July 13, 20222022-07-13
On June 23, 2022, Bill C-19, The Budget Implementation Act, 2022 received royal assent. The Bill includes proposed amendments to the Copyright Act. The amendments extend the term of copyright protection in literary, dramatic, musical, artistic works and certain works of joint authorship and posthumous works from the life of the author plus 50 years to the life of the author plus 70 years. The amendments will come into force on a date to be determined by the federal cabinet.
Deeth Williams Wall https://www.dww.com/articles/canada-extends-term-of-copyright-works-to-life-of-author-plus-70-years

Federal Court Of Canada Invalidates Interactive TV Program Guide Technology Patents and Offers its Findings on Appropriate Remedy in Obiter Federal Court Of Canada Invalidates Interactive TV Program Guide Technology Patents and Offers its Findin...

Patent Litigation
July 13, 2022July 13, 20222022-07-13
On June 23, 2022, the Federal Court of Canada (the Court) in Rovi Guides Inc. v. Videotron Ltd, 2022 FC 874, dismissed Rovi Guides Inc.’s (Rovi) infringement action against Videotron Ltd (Videotron) with respect to four patents relating to interactive television program guide (IPG) technology. The Court granted Videotron’s counterclaim, held that all of the asserted claims of Rovi’s four patents are invalid on various grounds and concluded in obiter that Rovi would not have been entitled to an accounting of profits if its patents were found to be valid and infringed.
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-canada-invalidates-interactive-tv-program-guide-technology-patents-and

British Columbia Court Certifies Class Action Proceeding Against Capital One Involving 800 Million Dollars in Damages British Columbia Court Certifies Class Action Proceeding Against Capital One Involving 800 Million Dollar...

Privacy
July 13, 2022July 13, 20222022-07-13
On June 3, 2022, the Supreme Court of British Columbia (the Court) issued its decision in Campbell v. Capital One Financial Corporation, 2022 BCSC 928 (Campbell), certifying a class action lawsuit against Capital One Financial Corporation (Capital One).
Deeth Williams Wall https://www.dww.com/articles/british-columbia-court-certifies-class-action-proceeding-against-capital-one-involving-800

Federal Court Of Canada Sets Aside Decision Of The Trademarks Opposition Board Refusing Leave To File An Amended Statement Of Opposition Federal Court Of Canada Sets Aside Decision Of The Trademarks Opposition Board Refusing Leave To File An ...

Trademark and Copyright Litigation
July 13, 2022July 13, 20222022-07-13
On June 7, 2022, the Federal Court of Canada (the Court) released its decision in Anheuser Busch, LLC v H.O.W. Medical Solutions Ltd., 2022 FC 842, in which it set aside the decision of the Trademarks Opposition Board (the Board) refusing the request by Anheuser-Busch, LLC (Anheuser-Busch) to amend its statement of opposition. The Court determined that there were palpable and determinative errors in the Board’s decision to refuse Anheuser-Busch’s request.
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-canada-sets-aside-decision-of-trademarks-opposition-board-refusing-leave

International Data Protection And Privacy Regulators Release Guidance On Credential Stuffing Attacks International Data Protection And Privacy Regulators Release Guidance On Credential Stuffing Attacks

Privacy
July 13, 2022July 13, 20222022-07-13
On June 27, 2022, the Office of the Privacy Commissioner of Canada, along with fellow members of the Global Privacy Assembly’s International Enforcement Cooperation Working Group (IEWG), released guidance documents to help individuals and organizations protect against credential stuffing attacks.
Deeth Williams Wall https://www.dww.com/articles/international-data-protection-and-privacy-regulators-release-guidance-on-credential

It’s Official (Marks). CIPO May Trim Entities Which Are No Longer Public Authorities Or Are Inactive It’s Official (Marks). CIPO May Trim Entities Which Are No Longer Public Authorities Or Are Inactive

Trademarks
June 29, 2022June 29, 20222022-06-29
Certain amendments to Canada's Trademarks Act are expected to come into force shortly, which will have a significant impact on the ability to clear "deadwood" official marks currently on the Register. Subsection 9(4) of the Trademarks Act gives the Registrar of Trademarks the authority to give public notice that the protections of the Act which govern official marks do not apply to a particular official mark. The Registrar may give such notice if the holder of the official mark is not a public authority or no longer exists. This section, however, is not yet in force. In anticipation of this section coming into force in the near future, the Canadian Intellectual Property Office (CIPO) has recently released a draft of a Practice Notice introducing a new procedure on how it will exercise its authority.
Deeth Williams Wall https://www.dww.com/articles/it%E2%80%99s-official-marks-cipo-may-trim-entities-which-are-no-longer-public-authorities-or-are

Federal Court Of Canada Directs The Commissioner Of Patents On The Legal Test For Assessing Patentable Subject Matter For Computer-Implemented Inventions Federal Court Of Canada Directs The Commissioner Of Patents On The Legal Test For Assessing Patentable Su...

Patent Litigation
June 29, 2022June 29, 20222022-06-29
On June 17, 2022, the Federal Court of Canada (the Court) in Benjamin Moore & Co. v Attorney General Of Canada, 2022 FC 923, allowed the appeals from two decisions of the Commissioner of Patents (the Commissioner) refusing patent applications as not being directed to a patentable subject matter under the Patent Act. The Court concluded that the Commissioner applied the wrong legal test for claim construction and patentable subject matter, remitted the matter back to the Canadian Intellectual Property Office (CIPO) for determination, and instructed the Commissioner on the proper legal assessment for claim construction and patentable subject matter.
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-canada-directs-commissioner-of-patents-on-legal-test-for-assessing

Government Of Canada Introduces Bill C-27: A Second Attempt At Comprehensive Reform To Federal Privacy Legislation Government Of Canada Introduces Bill C-27: A Second Attempt At Comprehensive Reform To Federal Privacy Le...

Privacy
June 29, 2022June 29, 20222022-07-28
On June 16, 2022, the Government of Canada introduced Bill C-27, the Digital Charter Implementation Act, 2022. Bill C-27 is the second attempt at overhauling Canada’s federal privacy legislation, the Personal Information Protection and Electronic Documents Act. Bill C-11, the Digital Charter Implementation Act, 2020, was the first major overhaul of Canada’s privacy regime, as previously reported by the E-TIPS® Newsletter here, but died on the order paper with the announcement of the 2021 federal election.
Deeth Williams Wall https://www.dww.com/articles/government-of-canada-introduces-bill-c27-a-second-attempt-at-comprehensive-reform-to

Federal Court Of Canada Issues Dynamic Site Blocking Order To Prevent Unauthorized NHL Streams Federal Court Of Canada Issues Dynamic Site Blocking Order To Prevent Unauthorized NHL Streams

Trademark and Copyright Litigation
June 29, 2022June 29, 20222022-06-29
On May 27, 2022, the Federal Court of Canada (the Court), in Rogers Media Inc. v John Doe 1, 2022 FC 775, issued a “dynamic” site blocking Order preventing access to streaming servers that provide unauthorized streams of National Hockey League (NHL) games in real time. This ruling represents the first dynamic site blocking order granted in Canada.
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-canada-issues-dynamic-site-blocking-order-to-prevent-unauthorized-nhl

Disclaimer: This Newsletter is intended to provide readers with general information on legal developments in the areas of e-commerce, information technology and intellectual property. It is not intended to be a complete statement of the law, nor is it intended to provide legal advice. No person should act or rely upon the information contained in this newsletter without seeking legal advice.

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