You’ve Just Received a Demand Letter Alleging Copyright Infringement—What Do You Do Now? You’ve Just Received a Demand Letter Alleging Copyright Infringement—What Do You Do Now?

Copyright
November 24, 2021November 24, 20212021-11-24
Receiving a demand letter alleging that you have infringed copyright can come as a surprise. An understanding of Canadian copyright law and the contextual background can help you decide what to do next.
Deeth Williams Wall https://www.dww.com/articles/you%E2%80%99ve-just-received-a-demand-letter-alleging-copyright-infringement%E2%80%94what-do-you-do-now

Québec Court of Appeal Dismisses Trademark and Copyright Infringement Claims Involving Comparative Advertising and Recovery of Profits Québec Court of Appeal Dismisses Trademark and Copyright Infringement Claims Involving Comparative Advert...

Trademark and Copyright Litigation
November 24, 2021November 24, 20212021-11-24
On November 5, 2021, the Québec Court of Appeal (the Court) in Constellation Brands US Operations c Société de vin internationale ltée, 2021 QCCA 1664, dismissed an appeal from a decision of the Québec Superior Court, in which the trial judge rejected Constellation Brands US Operations’ (Constellation) claim against Société de vin internationale ltée (SVI) for infringement of the Trademarks Act and the Copyright Act.
Deeth Williams Wall https://www.dww.com/articles/qu%C3%A9bec-court-of-appeal-dismisses-trademark-and-copyright-infringement-claims-involving

Federal Court Of Canada Reverses Order Striking Toronto Regional Real Estate Board’s Copyright Claims Federal Court Of Canada Reverses Order Striking Toronto Regional Real Estate Board’s Copyright Claims

Trademark and Copyright Litigation
November 24, 2021November 24, 20212021-11-24
On November 15, 2021, the Federal Court of Canada (the Court) issued its decision in Toronto Regional Real Estate Board v IMS Incorporated, 2021 FC 1239, granting the motion of Toronto Regional Real Estate Board (TRREB) and setting aside in part the order of the Case Management Judge (CMJ) that struck TRREB’s copyright infringement claims without leave to amend.
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-canada-reverses-order-striking-toronto-regional-real-estate-board%E2%80%99s

OSFI Launches Consultation on Draft Technology and Cyber Risk Management Guideline OSFI Launches Consultation on Draft Technology and Cyber Risk Management Guideline

Cybersecurity
November 24, 2021November 24, 20212021-11-24
On November 9, 2021, the Office of the Superintendent of Financial Institutions (OSFI) launched a public consultation on Draft Guideline B‑13: Technology and Cyber Risk Management (the Guideline). It applies to federally regulated financial institutions (FRFIs) and addresses OSFI’s expectations in relation to technology and cyber risks.
Deeth Williams Wall https://www.dww.com/articles/osfi-launches-consultation-on-draft-technology-and-cyber-risk-management-guideline

Office of the Australian Information Commissioner Finds Clearview AI Breached Australians’ Privacy Office of the Australian Information Commissioner Finds Clearview AI Breached Australians’ Privacy

Privacy
November 24, 2021November 24, 20212021-11-24
On November 3, 2021, the Office of the Australian Information Commissioner (OAIC) announced that Clearview AI, Inc. was found to have breached Australians’ privacy by scraping citizens’ biometric information and disclosing it through a facial recognition tool.
Deeth Williams Wall https://www.dww.com/articles/office-of-australian-information-commissioner-finds-clearview-ai-breached-australians%E2%80%99

Office Of The Privacy Commissioner of Canada Releases Observations Following Global Initiative On Privacy Expectations For Video Teleconferencing Companies Office Of The Privacy Commissioner of Canada Releases Observations Following Global Initiative On Privacy...

Privacy
November 10, 2021November 10, 20212021-11-10
On October 27, 2021, the Office of the Privacy Commissioner of Canada (the OPC) released observations following a series of international engagements between data protection and privacy authorities around the world and four of the biggest video teleconferencing (VTC) companies: Microsoft, Cisco, Zoom, and Google (the Organizations).
Deeth Williams Wall https://www.dww.com/articles/office-of-privacy-commissioner-of-canada-releases-observations-following-global-initiative

Ontario Government Introduces Bill To Prohibit Non-Compete Agreements For Employees Ontario Government Introduces Bill To Prohibit Non-Compete Agreements For Employees

Technology Contracting
November 10, 2021November 10, 20212021-11-10
On October 25, 2021, the Ontario government introduced Bill 27, Working for Workers Act, 2021 (Bill 27), that if passed, would significantly change employment laws, including imposing a prohibition on non-compete agreements for employees.
Deeth Williams Wall https://www.dww.com/articles/ontario-government-introduces-bill-to-prohibit-noncompete-agreements-for-employees

UK Government Launches Consultation On Copyright, Patents, And AI UK Government Launches Consultation On Copyright, Patents, And AI

Intellectual Property
November 10, 2021November 10, 20212021-11-10
On October 29, 2021, the UK Intellectual Property Office (UKIPO) launched a consultation on how copyright and patent legislation should deal with artificial intelligence (AI).
Deeth Williams Wall https://www.dww.com/articles/uk-government-launches-consultation-on-copyright-patents-and-ai

Federal Court Of Canada Sets Aside Default Judgment For Copyright Infringement In Relation To The Toronto Regional Real Estate Board Multiple Listing Service Federal Court Of Canada Sets Aside Default Judgment For Copyright Infringement In Relation To The Toronto...

Trademark and Copyright Litigation
November 10, 2021November 10, 20212021-11-10
On November 8, 2021, the Federal Court of Canada (the Court) in Toronto Regional Real Estate Board v R E Stats Inc. (ReDatum), 2021 FC 1193, granted a motion by the defendants, R E Stats Inc. (operating as ReDatum) and Gabriel Stefanescu, to set aside the Order granting the plaintiff, the Toronto Regional Real Estate Board (the TRREB), default judgment for copyright infringement relating to the TRREB Multiple Listing Service (the TRREB MLS® System).
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-canada-sets-aside-default-judgment-for-copyright-infringement-relation-to

Supreme Court of Canada Upholds the Applicability of a Non-liability Clause under Québec Law Supreme Court of Canada Upholds the Applicability of a Non-liability Clause under Québec Law

Technology Contracting
October 27, 2021October 27, 20212021-10-27
On October 15, 2021, the Supreme Court of Canada (the Supreme Court) issued its decision in 6362222 Canada inc. v. Prelco inc., 2021 SCC 39, finding that, under the Civil Code of Québec (the Code), the doctrine of fundamental breach did not render a non-liability clause (i.e., a limitation of liability clause) inoperative.
Deeth Williams Wall https://www.dww.com/articles/supreme-court-of-canada-upholds-applicability-of-a-nonliability-clause-under-qu%C3%A9bec-law

Federal Court Holds Minister of Health’s Decision Denying a Certificate of Supplementary Protection Unreasonable Federal Court Holds Minister of Health’s Decision Denying a Certificate of Supplementary Protection Unrea...

Pharmaceutical Patent Litigation
October 27, 2021October 27, 20212021-10-27
On September 29, 2021, the Federal Court of Canada (Court) in Merck Canada Inc. v Canada (Health), 2021 FC 1015, held that the decision of the Minister of Health (the Minister) to deny a Certificate of Supplementary Protection (CSP) in respect of the Canadian Patent No. 2,670,892 and the drug BELSOMRA (suvorexant) was unreasonable since it failed to consider the object and purpose of the CSP legislative regime.
Deeth Williams Wall https://www.dww.com/articles/federal-court-holds-minister-of-health%E2%80%99s-decision-denying-a-certificate-of-supplementary

Privacy Commissioner of Alberta Releases Investigation Report on LifeLabs Inc.’s Compliance with Alberta’s Personal Information Protection Act Privacy Commissioner of Alberta Releases Investigation Report on LifeLabs Inc.’s Compliance with Alberta’...

Privacy
October 27, 2021October 27, 20212021-10-27
On October 13, 2021, the Office of the Information and Privacy Commissioner of Alberta (OIPC) released its investigation report regarding LifeLabs Inc.’s (LifeLabs) compliance with Alberta’s Personal Information Protection Act (PIPA).
Deeth Williams Wall https://www.dww.com/articles/privacy-commissioner-of-alberta-releases-investigation-report-on-lifelabs-inc%E2%80%99s-compliance

UK Court Finds Use Of Ring Surveillance Equipment Infringes Privacy Rights Associated with the General Data Protection Regulation UK Court Finds Use Of Ring Surveillance Equipment Infringes Privacy Rights Associated with the General Da...

Privacy
October 27, 2021October 27, 20212021-10-27
On October 12, 2021, the County Court at Oxford (the Court) released its decision in Fairhurst v, Woodward (Case No: G00MK161), holding that the Defendant, Jon Woodard, breached the United Kingdom’s Data Protection Act 2018 (the DPA) and the European Union’s General Data Protection Regulation (the Regulations) in his use of surveillance equipment around his property. The surveillance equipment was purchased from the Amazon-owned company, Ring, and included security cameras and a doorbell with audio and video recording capabilities.
Deeth Williams Wall https://www.dww.com/articles/uk-court-finds-use-of-ring-surveillance-equipment-infringes-privacy-rights-associated

The U.S. Department Of The Treasury’s Office Of Foreign Assets Control Releases Updated Advisory on Sanctions Regarding Ransomware Payments The U.S. Department Of The Treasury’s Office Of Foreign Assets Control Releases Updated Advisory on Sanct...

Cybersecurity
October 13, 2021October 13, 20212021-10-13
Ransomware attacks are on the rise, with the Federal Bureau of Investigation reporting a nearly 21% increase in reported ransomware cases and a 225% growth in associated losses from 2019-2020. On September 21, 2021, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) issued an updated advisory to highlight the sanctions risks associated with ransomware payments to malicious cyber actors and proactive steps that companies can take to mitigate those risks.
Deeth Williams Wall https://www.dww.com/articles/us-department-of-treasury%E2%80%99s-office-of-foreign-assets-control-releases-updated-advisory-on

Federal Court of Appeal Upholds Finding of Copyright Infringement Against Trend Hunter Inc. Federal Court of Appeal Upholds Finding of Copyright Infringement Against Trend Hunter Inc.

Trademark and Copyright Litigation
October 13, 2021October 13, 20212021-10-13
On September 15, 2021, the Federal Court of Appeal of Canada (FCA) issued its decision in Stross v Trend Hunter Inc., 2021 FC 955, upholding the decision of the Federal Court (FC) finding that Trend Hunter Inc. (Trend Hunter) was liable for copyright infringement as its use of photographs did not fall under the “news reporting” exception and was not “fair dealing”.
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-appeal-upholds-finding-of-copyright-infringement-against-trend-hunter-inc

UK Court of Appeal Rules AI Cannot Be Patent Inventor UK Court of Appeal Rules AI Cannot Be Patent Inventor

Patents
October 13, 2021October 13, 20212021-10-13
On September 21, 2021, the England and Wales Court of Appeal (the Court) released its decision in Thaler v Comptroller General of Patents Trade Marks And Designs, [2021] EWCA Civ 1374, with a 2-1 majority holding that an artificial intelligence (AI) machine cannot qualify as an inventor under UK patent law.
Deeth Williams Wall https://www.dww.com/articles/uk-court-of-appeal-rules-ai-cannot-be-patent-inventor

Federal Court of Canada Grants Caterpillar’s Appeal, Refuses Puma’s Trademark Application for procat Federal Court of Canada Grants Caterpillar’s Appeal, Refuses Puma’s Trademark Application for procat

Trademark and Copyright Litigation
October 13, 2021October 13, 20212021-10-13
On September 22, 2021, the Federal Court of Canada (FC) issued its decision in Caterpillar Inc. v Puma SE, 2021 FC 974, granting an appeal from a decision of the Trademarks Opposition Board (TMOB), in which the TMOB rejected Caterpillar’s opposition to Puma’s application for the trademark procat.
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-canada-grants-caterpillar%E2%80%99s-appeal-refuses-puma%E2%80%99s-trademark-application

Client Advisory: Bill 64 and Upcoming Changes in Privacy Legislation (Part 1 of 2) Client Advisory: Bill 64 and Upcoming Changes in Privacy Legislation (Part 1 of 2)

Privacy
October 13, 2021October 13, 20212021-10-13
Introduction Privacy in Canada is rapidly evolving. Deeth Williams Wall wants to keep you apprised of the latest changes so you may prepare your organization’s compliance activities before legislation comes into effect. This Advisory summarizes actionable elements of the recently passed Québec privacy legislation with commentary on the expected federal privacy legislation.
Deeth Williams Wall https://www.dww.com/articles/client-advisory-bill-64-and-upcoming-changes-privacy-legislation-part-1-of-2

Bill 64 Receives Royal Assent and Signals Major Reform For Quebec’s Privacy Landscape Bill 64 Receives Royal Assent and Signals Major Reform For Quebec’s Privacy Landscape

Privacy
September 28, 2021September 28, 20212021-09-29
On September 22, 2021, Quebec’s major privacy reform bill, An Act to modernize legislative provisions as regards the protection of personal information (Bill 64), received royal assent after being adopted by the Quebec National Assembly the day before.
Deeth Williams Wall https://www.dww.com/articles/bill-64-receives-royal-assent-and-signals-major-reform-for-quebec%E2%80%99s-privacy-landscape

Louis Armstrong and Jim Morrison in Concert in Canada Louis Armstrong and Jim Morrison in Concert in Canada

Copyright
September 28, 2021September 28, 20212021-09-29
Louis (Satchmo) Armstrong was an iconic jazz musician. Jim Morrison, was an iconic rock musician. They share an interesting tie relating to Canada, even though history does not record them ever having had a joint musical appearance.
Deeth Williams Wall https://www.dww.com/articles/louis-armstrong-and-jim-morrison-concert-canada

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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