Some Small Steps by Canada to Address Trademark Examination Backlog; No Giant Leap Some Small Steps by Canada to Address Trademark Examination Backlog; No Giant Leap

Trademarks
May 11, 2021May 11, 20212021-05-11
Canada’s Intellectual Property Office (CIPO) recently announced steps to attempt to address the growing backlog of unexamined Canadian trademark applications. However, progress is still expected to be slow.
Deeth Williams Wall https://www.dww.com/articles/some-small-steps-by-canada-to-address-trademark-examination-backlog-no-giant-leap

Biden Administration Supports Intellectual Property Waiver for COVID-19 Vaccines Biden Administration Supports Intellectual Property Waiver for COVID-19 Vaccines

Intellectual Property
May 11, 2021May 11, 20212021-05-11
On May 5, 2021, the Biden administration announced its position to support a temporary global waiver in intellectual property (IP) protection for COVID-19 vaccines to expand vaccine manufacturing and distribution around the world.
Deeth Williams Wall https://www.dww.com/articles/biden-administration-supports-intellectual-property-waiver-for-covid19-vaccines

Proposed Amendments to the Definition of a ‘Claim for Medicinal Ingredient’ Under the Patented Medicines (Notice of Compliance) Regulations Proposed Amendments to the Definition of a ‘Claim for Medicinal Ingredient’ Under the Patented Medicines ...

Patents
May 11, 2021May 11, 20212021-05-11
On April 24, 2021, the proposed Regulations Amending the Patented Medicines (Notice of Compliance) Regulations (the proposed Amendments) were published in Canada Gazette, Part I that intend on expanding the definition of ‘claim for medicinal ingredient’ under the Patented Medicines (Notice of Compliance) Regulations (the Regulations). This change would permit patents containing a claim related to a different salt form of an approved medicinal ingredient to be eligible for listing on Canada’s patent register.
Deeth Williams Wall https://www.dww.com/articles/proposed-amendments-to-definition-of-a-%E2%80%98claim-for-medicinal-ingredient%E2%80%99-under-patented

Federal Court of Canada Awards Damages for Infringement of HOSTESS Trademark Federal Court of Canada Awards Damages for Infringement of HOSTESS Trademark

Trademark and Copyright Litigation
May 11, 2021May 11, 20212021-05-11
On April 9, 2021, the Federal Court of Canada (the Court) issued its decision in Boulangerie Vachon Inc. v Racioppo, 2021 FC 308, in which it granted Boulangerie Vachon Inc., Vachon Bakery Inc., and Canada Bread Company, Limited (collectively, the Plaintiffs) damages for infringement of the trademark HOSTESS.
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-canada-awards-damages-for-infringement-of-hostess-trademark

The Government of Canada’s 2021 Budget Proposes Building An Innovation Economy Of The Future The Government of Canada’s 2021 Budget Proposes Building An Innovation Economy Of The Future

Intellectual Property
April 28, 2021April 28, 20212021-04-28
On April 19, 2021, the Government of Canada announced its 2021 budget (Budget 2021) with goals to finish the fight against COVID-19, ensure a strong economic recovery, and position Canada for a prosperous future. To accomplish its objectives, the government has set aside funding for proposed expenditures in the areas of intellectual property (IP) and technology.
Deeth Williams Wall https://www.dww.com/articles/government-of-canada%E2%80%99s-2021-budget-proposes-building-an-innovation-economy-of-future

Federal Court of Appeal Interprets Certificate of Supplementary Protection Regulations Federal Court of Appeal Interprets Certificate of Supplementary Protection Regulations

Pharmaceutical Patent Litigation
April 28, 2021April 28, 20212021-04-28
On April 14, 2021, in Canada (Health) v Glaxosmithkline Biologicals SA, 2021 FCA 71, the Federal Court of Appeal of Canada (FCA) interpreted the Certificate of Supplementary Protection Regulations (the CSP Regulations) for the first time. Overturning the Federal Court decision, the FCA held that the decision of the Minister of Health (the Minister) to refuse the issuance of a Certificate of Supplementary Protection (CSP) in respect of the Canadian Patent No. 2,600,905 (the 905 Patent) and the SHINGRIX® vaccine was reasonable.
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-appeal-interprets-certificate-of-supplementary-protection-regulations

European Commission Unveils Proposal for a Regulation on Artificial Intelligence European Commission Unveils Proposal for a Regulation on Artificial Intelligence

Information Technology
April 28, 2021April 28, 20212021-04-28
On April 21, 2021, the European Commission (EC) released a proposal for a regulation (the Draft Regulation) laying down harmonised rules on artificial intelligence (AI) aimed to ensure the protection of fundamental European Union (EU) rights and safety of AI system users, as well as trust in the development and uptake of AI.
Deeth Williams Wall https://www.dww.com/articles/european-commission-unveils-proposal-for-a-regulation-on-artificial-intelligence

Government of Canada Launches Consultation on Modern Copyright Framework for Online Intermediaries Government of Canada Launches Consultation on Modern Copyright Framework for Online Intermediaries

Copyright
April 28, 2021April 28, 20212021-04-28
On April 14, 2021, the Government of Canada (the Government) launched a consultation on whether the copyright framework for online intermediaries, (entities that facilitate access to copyright-protected content) appropriately reflects the evolving digital world. The Government recognizes the evolution of the dissemination and use of copyright-protected content on the internet through proliferated and diversified online intermediates, and considers whether the extent to which the current copyright framework for online intermediaries still achieves its underlying objectives, including protecting and encouraging the use of copyright-protected content online, safeguarding individual rights and freedoms in an open internet and facilitating a flourishing digital market.
Deeth Williams Wall https://www.dww.com/articles/government-of-canada-launches-consultation-on-modern-copyright-framework-for-online

CRTC Implements Measures to Spur Mobile Wireless Competition for Canadians CRTC Implements Measures to Spur Mobile Wireless Competition for Canadians

Telecommunications
April 28, 2021April 28, 20212021-04-28
On April 15, 2021, the Canadian Radio-television and Telecommunications Commission (CRTC) issued a news release outlining a number of measures that Canada’s dominant telecommunication service providers must implement in order to promote sustainable competition and affordable options for Canadians.
Deeth Williams Wall https://www.dww.com/articles/crtc-implements-measures-to-spur-mobile-wireless-competition-for-canadians

US Supreme Court Issues Landmark Copyright Decision in Favour of Google after Decade Long Litigation with Oracle US Supreme Court Issues Landmark Copyright Decision in Favour of Google after Decade Long Litigation with...

Trademark and Copyright Litigation
April 13, 2021April 13, 20212021-04-14
On April 5, 2021, the Supreme Court of the United States (SCOTUS) issued its decision in Google LLC v Oracle America Inc, 593 US ___ (2021), holding that Google’s copying, and incorporation into its Android mobile platform, of approximately 11,500 lines of code from the Oracle-owned application programming interface Java SE (the API) was not copyright infringement and constituted fair use. The decision, delayed by a year due to the COVID-19 pandemic, marks the end of a decade-long litigation between the tech giants, in which Oracle initially claimed damages in the amount of nearly 9 billion USD for Google’s alleged copyright infringement (previously reported by the E-TIPS® Newsletter here).
Deeth Williams Wall https://www.dww.com/articles/us-supreme-court-issues-landmark-copyright-decision-favour-of-google-after-decade-long

Facebook Addresses Resurgence of Information from 2019 Data Breach Facebook Addresses Resurgence of Information from 2019 Data Breach

Privacy
April 13, 2021April 13, 20212021-04-14
On April 3, 2021, Business Insider reported that information relating to over 530 million Facebook accounts had been made publicly available online. It is estimated that 3.49 million accounts belong to Canadians and the leaked data included names, locations, birthdates, email addresses, and other identifying information.
Deeth Williams Wall https://www.dww.com/articles/facebook-addresses-resurgence-of-information-from-2019-data-breach

Office of the Privacy Commissioner Comments on the Privacy Act Modernization Plan Office of the Privacy Commissioner Comments on the Privacy Act Modernization Plan

Privacy
April 13, 2021April 13, 20212021-04-14
On March 24, 2021, the Office of the Privacy Commissioner of Canada (OPC) published its submission in response to the Department of Justice’s public consultation on modernizing the Privacy Act, Canada’s public sector privacy law, which has not been substantially amended in nearly 40 years.
Deeth Williams Wall https://www.dww.com/articles/office-of-privacy-commissioner-comments-on-privacy-act-modernization-plan

Ontario Court of Appeal Finds Insurance Coverage Does Not Apply To Cyber Hack Ontario Court of Appeal Finds Insurance Coverage Does Not Apply To Cyber Hack

Cybersecurity
April 13, 2021April 13, 20212021-04-14
On March 15, 2021, the Ontario Court of Appeal (the Court), in Family and Children’s Services of Lanark, Leeds and Grenville v Cooperators General Insurance Company, 2021 ONCA 159, reversed the lower court’s decision that found that Co-operators General Insurance Company (Co-operators) had a duty to defend Family and Children’s Services of Lanark, Leeds and Grenville (FCS) and Laridae Communications Inc. (Laridae) against two claims in relation to a cyber hack.
Deeth Williams Wall https://www.dww.com/articles/ontario-court-of-appeal-finds-insurance-coverage-does-not-apply-to-cyber-hack

CIPO Publishes Proposed Changes to the Refusal and Review Process for Industrial Designs CIPO Publishes Proposed Changes to the Refusal and Review Process for Industrial Designs

Industrial Designs
April 13, 2021April 13, 20212021-04-14
On March 29, 2021, the Canadian Intellectual Property Office (CIPO) launched a consultation on proposed changes to the refusal and review process for industrial design decisions. CIPO’s Discussion Paper states that the proposed changes will “make it easier to ensure consistency of final refusals” and would increase the timeliness of final decisions.
Deeth Williams Wall https://www.dww.com/articles/cipo-publishes-proposed-changes-to-refusal-and-review-process-for-industrial-designs

Proposed Regulations for the College of Patent Agents and Trademark Agents Published for Consultation Proposed Regulations for the College of Patent Agents and Trademark Agents Published for Consultation

Intellectual Property
March 31, 2021March 31, 20212021-03-31
On March 13, 2021, the Government of Canada published the College of Patent Agents and Trademark Agents Regulations, Rules Amending the Patent Rules, and Regulations amending the Trademarks Regulations (collectively, the proposed Regulations) for public consultation. The proposed Regulations will implement the College of Patent Agents and Trademark Agents Act (the Act), which received royal assent in 2018, and transfer authority for agent regulation from the Canadian Intellectual Property Office (CIPO) to the College of Patent Agents and Trademark Agents (the College).
Deeth Williams Wall https://www.dww.com/articles/proposed-regulations-for-college-of-patent-agents-and-trademark-agents-published-for

Federal Court of Appeal Provides Clarity on Test for Obviousness Federal Court of Appeal Provides Clarity on Test for Obviousness

Patent Litigation
March 31, 2021March 31, 20212021-03-31
On March 4, 2021, the Federal Court of Appeal of Canada (FCA) issued its decision in Apotex Inc. v. Janssen Inc., 2021 FCA 45, further clarifying the test for obviousness to try in patent litigation proceedings.
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-appeal-provides-clarity-on-test-for-obviousness

UK Government Publishes Response to Consultation on Artificial Intelligence and Intellectual Property Policy UK Government Publishes Response to Consultation on Artificial Intelligence and Intellectual Property Pol...

Intellectual Property
March 31, 2021March 31, 20212021-03-31
On March 23, 2021, the UK Intellectual Property Office (IPO) announced the results of its open consultation on the impact of artificial intelligence (AI) on intellectual property (IP) policy covering patents, copyright, trademarks, designs and trade secrets. The consultation was carried out in late 2020, with a total of 92 responses received from numerous stakeholders, including IP attorneys, industry associations, tech sectors and other creative industries.
Deeth Williams Wall https://www.dww.com/articles/uk-government-publishes-response-to-consultation-on-artificial-intelligence-and

YouTube Introduces New System For Creators to Screen Their Videos For Copyright Issues YouTube Introduces New System For Creators to Screen Their Videos For Copyright Issues

Copyright
March 31, 2021March 31, 20212021-04-01
On March 15, 2021, YouTube announced the rollout of its new screening system, Checks, which automatically scans videos for potential copyright claims and ad-suitability issues prior to the video being published on the platform.
Deeth Williams Wall https://www.dww.com/articles/youtube-introduces-new-system-for-creators-to-screen-their-videos-for-copyright-issues

After a Non-Fungible Token of Digital Art sells for a record $69 million USD at a Christie’s Auction, Legal and Regulatory Questions about NFT Marketplaces Arise After a Non-Fungible Token of Digital Art sells for a record $69 million USD at a Christie’s Auction, Leg...

Information Technology
March 31, 2021March 31, 20212021-03-31
On March 11, 2021, a digital art piece in non-fungible-token form entitled “Everydays – The First 5000 Days” by digital artist Beeple was sold by Christie’s for a record 69.3 million USD in an online auction that garnered hundreds of bids over a two week period. The sale brought the rise of non-fungible token sales to global attention, as the digital art auction, the first of its kind held by Christie’s, not only set the record for the highest auction price for a digital work, but the third-highest price achieved for a living artist ever.
Deeth Williams Wall https://www.dww.com/articles/after-a-nonfungible-token-of-digital-art-sells-for-a-record-69-million-usd-at-a-christie%E2%80%99s

Supreme Court of Canada Dismisses Leave to Appeal Constitutional Challenge to Canada’s Anti-Spam Legislation (CASL) Supreme Court of Canada Dismisses Leave to Appeal Constitutional Challenge to Canada’s Anti-Spam Legislat...

CASL
March 17, 2021March 17, 20212021-03-17
On March 4, 2021, the Supreme Court of Canada denied an application for leave to appeal brought forward by 3510395 Canada Inc. (Compufinder) for two Federal Court of Appeal decisions that unanimously upheld the constitutionality of Canada’s Anti-Spam Legislation (CASL). This dismissal of the application for leave ends a run of challenges brought forth by Compufinder claiming that the legislation is unconstitutional because it falls outside of Parliament’s legislative power and it violates sections 2(b), 7, 8 and 11 of the Canadian Charter of Rights and Freedom (the Charter).
Deeth Williams Wall https://www.dww.com/articles/supreme-court-of-canada-dismisses-leave-to-appeal-constitutional-challenge-to-canada%E2%80%99s

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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