Canada Weighs Adjustment Of Terms Of Certain Patents Canada Weighs Adjustment Of Terms Of Certain Patents

Patents
June 11, 2024June 11, 20242024-06-12
On May 18, the Canadian Intellectual Property Office (CIPO) published proposed amendments to the Patent Rules (the Rules), among other regulations, providing details regarding Canada’s new patent term adjustment (PTA) system to take effect on January 1, 2025.
Deeth Williams Wall https://www.dww.com/articles/canada-weighs-adjustment-of-terms-of-certain-patents

Canada's Voluntary AI Code Of Conduct: Sign Me Up! Canada's Voluntary AI Code Of Conduct: Sign Me Up!

Information Technology
June 11, 2024June 11, 20242024-06-12
On May 27, 2024, Innovation, Science and Economic Development Canada (ISED) announced that eight additional organizations have undertaken a voluntary commitment in support of the ongoing development and management of artificial intelligence (AI) systems in Canada, becoming new signatories to the Voluntary Code of Conduct on the Responsible Development and Management of Advanced Generative AI Systems (the Code).
Deeth Williams Wall https://www.dww.com/articles/canadas-voluntary-ai-code-of-conduct-sign-me-up

New Evidence Filed On Appeal Saves Trademark Registration New Evidence Filed On Appeal Saves Trademark Registration

Trademark and Copyright Litigation
June 11, 2024June 11, 20242024-06-12
On May 29, 2024, the Federal Court (the Court) issued its decision in Red Maple Manufacturing Inc. v Red Maple Bio Inc., 2024 FC 817, setting aside the portion of the Trademarks Opposition Board’s (TMOB’s) decision that ordered the deletion of registered goods from Red Maple Manufacturing’s (RMM’s) trademark registration for RED MAPLE NATURALS Design Mark (the Mark).
Deeth Williams Wall https://www.dww.com/articles/new-evidence-filed-on-appeal-saves-trademark-registration

Historic WIPO Treaty First To Address Intersection Of IP, Genetic Resources, And Traditional Knowledge Historic WIPO Treaty First To Address Intersection Of IP, Genetic Resources, And Traditional Knowledge

Intellectual Property
June 11, 2024June 11, 20242024-06-12
On May 24, 2024, member states of the World Intellectual Property Organization (WIPO) approved a new WIPO Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge (the Treaty), marking the first WIPO Treaty to (a) address the interface between these areas; and (b) include provisions for Indigenous Peoples as well as local communities.
Deeth Williams Wall https://www.dww.com/articles/historic-wipo-treaty-first-to-address-intersection-of-ip-genetic-resources-and-traditional

New Ontario Laws Proposed To Deal With Cybersecurity And Its Use Of AI New Ontario Laws Proposed To Deal With Cybersecurity And Its Use Of AI

Privacy
May 29, 2024May 29, 20242024-05-29
On May 13, 2024, the Ontario Government tabled Bill 194, Strengthening Cyber Security and Building Trust in the Public Sector Act, 2024 (Bill 194) which, if passed, would enact the Enhancing Digital Security and Trust Act, 2024 (EDSTA) and amend Ontario’s public sector privacy legislation, the Freedom of Information and Protection of Privacy Act (FIPPA).
Deeth Williams Wall https://www.dww.com/articles/new-ontario-laws-proposed-to-deal-cybersecurity-and-its-use-of-ai

US Patent And Trademark Office Requests Comments On The Impact Of AI On Patents US Patent And Trademark Office Requests Comments On The Impact Of AI On Patents

Information Technology
May 29, 2024May 29, 20242024-05-29
On April 30, 2024, the United States Patent and Trademark Office (USPTO) published a Request for Comments (RFC) regarding the impact of the proliferation of artificial intelligence (AI) on prior art, the assessment of the level of skill/knowledge of a person having ordinary skill in the art (PHOSITA), and determinations of patentability made in view of these evaluations.
Deeth Williams Wall https://www.dww.com/articles/us-patent-and-trademark-office-requests-comments-on-impact-of-ai-on-patents

Forever Just Blowing Bubbles: Federal Court’s Decision On GIUSTI PROSECCO Forever Just Blowing Bubbles: Federal Court’s Decision On GIUSTI PROSECCO

Trademark and Copyright Litigation
May 29, 2024May 29, 20242024-05-29
On April 22, 2024, the Federal Court (the Court) issued its decision in D.M.C. SRL v Giusti, 2024 FC 605, upholding the Trademarks Opposition Board’s (TMOB’s) decision rejecting D.M.C. SRL’s (DMC’s) opposition to Ermenegildo Giusti’s (the Respondent’s) application to register the trademark GIUSTI PROSECCO (the Mark).
Deeth Williams Wall https://www.dww.com/articles/forever-just-blowing-bubbles-federal-court%E2%80%99s-decision-on-giusti-prosecco

Unmasking Deception: Canada Weighs In On The Dark Side Of Deepfakes Unmasking Deception: Canada Weighs In On The Dark Side Of Deepfakes

Information Technology
May 29, 2024May 29, 20242024-05-29
In today’s digital age, seeing is no longer believing. Deepfake technologies are shaking up the legal landscape as Canada grapples with how to catch up to these AI imposters. Deepfakes are hyper-realistic media manipulations created using artificial intelligence (AI), where images, audio, or videos, are either digitally altered or fully generated by AI to convincingly replace one person’s likeness with another.[i] These sophisticated synthetic multimedia manipulations are blurring the lines between reality and fiction.
Deeth Williams Wall https://www.dww.com/articles/unmasking-deception-canada-weighs-on-dark-side-of-deepfakes

Important Food And Drug Regulatory Changes “Hidden” In Omnibus Budget Bill Important Food And Drug Regulatory Changes “Hidden” In Omnibus Budget Bill

Regulatory Law
May 15, 2024May 15, 20242024-05-15
Over the past few years, regulatory amendments have permitted linking of outside “technical” documents to various regulations administered by Health Canada, especially the Food and Drug Regulations (the Regulations). Although this allows timely updates to technical standards, it also takes important regulatory matters outside of the Canada Gazette process (which permits public comment) and by outsourcing requirements to international bodies, defeats in-Canada democratic oversight of bureaucratic actors. This is part of a process of “outsourcing” Canadian law to external bodies which has been ongoing for some time.
Deeth Williams Wall https://www.dww.com/articles/important-food-and-drug-regulatory-changes-%E2%80%9Chidden%E2%80%9D-omnibus-budget-bill

No Privilege Claim In Data Breach Investigation No Privilege Claim In Data Breach Investigation

Privacy
May 13, 2024May 13, 20242024-05-15
On April 30, 2024, the Ontario Superior Court of Justice (the Court) released its decision in LifeLabs LP v Information and Privacy Commr. (Ontario), 2024 ONSC 2194, dismissing LifeLabs LP’s (LifeLabs) application for judicial review and finding that the Information and Privacy Commissioners of Ontario and British Columbia (ON IPC and BC IPC, respectively) did not err in their application of the law on solicitor-client and litigation privilege, nor breach LifeLabs’ right to procedural fairness.
Deeth Williams Wall https://www.dww.com/articles/no-privilege-claim-data-breach-investigation

Talking The Talk Isn’t Enough To Infringe A Canadian Patent. You Gotta Walk The Walk Talking The Talk Isn’t Enough To Infringe A Canadian Patent. You Gotta Walk The Walk

Patent Litigation
May 13, 2024May 13, 20242024-05-15
On April 11, 2024, the Federal Court of Appeal (the Court) released its decision in Steelhead LNG (ASLNG) Ltd. v Arc Resources Ltd., 2024 FCA 67, finding that exploiting the goal, purpose or advantage of a patented invention for commercial benefit does not constitute an infringing “use” under section 42 of the Patent Act.
Deeth Williams Wall https://www.dww.com/articles/talking-talk-isn%E2%80%99t-enough-to-infringe-a-canadian-patent-you-gotta-walk-walk

Humans Update Federal Court Practice Notice Regarding Use Of AI Humans Update Federal Court Practice Notice Regarding Use Of AI

Information Technology
May 13, 2024May 13, 20242024-05-15
On May 7, 2024, the Federal Court of Canada (the FC) issued an updated practice notice on “The Use of Artificial Intelligence in Court Proceedings” (the Notice), which amends its prior notice of the same name that was published on December 20, 2023 (as previously reported by the E-TIPS® Newsletter here).
Deeth Williams Wall https://www.dww.com/articles/humans-update-federal-court-practice-notice-regarding-use-of-ai

AI Caramba! Another Day, Another Preliminary Trademark Injunction Issued AI Caramba! Another Day, Another Preliminary Trademark Injunction Issued

Trademark and Copyright Litigation
May 13, 2024May 13, 20242024-05-15
On February 28, 2024, in Open AI, Inc., v Open Artificial Intelligence, Inc., and Guy Ravine No. 4:23-cv-3918-YGR , the US District Court for the Northern District of California (the Court) granted OpenAI Inc’s (OpenAI) motion for a preliminary injunction against Guy Ravine and his company Open Artificial Intelligence Inc. (collectively, Open Artificial Intelligence) prohibiting its use of the mark “Open AI. ”
Deeth Williams Wall https://www.dww.com/articles/ai-caramba-another-day-another-preliminary-trademark-injunction-issued

Government Of Canada’s 2024 Budget Bets Big On AI Government Of Canada’s 2024 Budget Bets Big On AI

Information Technology
May 1, 2024May 1, 20242024-05-01
On April 16, 2024, the Government of Canada released its budget titled “Budget 2024: Fairness for Every Generation” (Budget 2024), which includes substantial financial investment in artificial intelligence (AI) with the goal of boosting innovation, raising productivity and accelerating economic growth to secure Canada’s AI advantage.
Deeth Williams Wall https://www.dww.com/articles/government-of-canada%E2%80%99s-2024-budget-bets-big-on-ai

Survey Evidence Deemed Inadmissible In SWISSKISS And KISSES Chocolate Trademark Dispute Survey Evidence Deemed Inadmissible In SWISSKISS And KISSES Chocolate Trademark Dispute

Trademark and Copyright Litigation
May 1, 2024May 1, 20242024-05-01
On April 9, 2024, in Promotion In Motion Inc. v Hershey Chocolate & Confectionery LLC, 2024 FC 556, the Federal Court of Canada (FC) upheld a decision of the Trademarks Opposition Board (TMOB) finding that there was a likelihood of confusion between the applicant’s SWISSKISS trademarks and Hershey’s KISSES and/or KISS trademarks for chocolate.
Deeth Williams Wall https://www.dww.com/articles/survey-evidence-deemed-inadmissible-swisskiss-and-kisses-chocolate-trademark-dispute

Federal Court Of Appeal Finds Patent For ED Medication Still Invalid In Canada Federal Court Of Appeal Finds Patent For ED Medication Still Invalid In Canada

Patent Litigation
May 1, 2024May 1, 20242024-05-01
On April 16, 2024, the Federal Court of Appeal (the Court) issued its decision in Eli Lilly Canada Inc v Apotex Inc, 2024 FCA 72, upholding a decision of the Federal Court (FC) that found Canadian Patent No. 2,226,784 (the Patent) from Eli Lilly Canada Inc. et al. (the appellants) to be invalid for overbreadth and insufficiency.
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-appeal-finds-patent-for-ed-medication-still-invalid-canada

Another Rare Interlocutory Injunction Issued In Trademark Case – Quebec Court Finds Appropriate “Grounds” Another Rare Interlocutory Injunction Issued In Trademark Case – Quebec Court Finds Appropriate “Grounds”

Trademark and Copyright Litigation
May 1, 2024May 1, 20242024-05-01
On March 27, 2024, the Superior Court of Québec (the Court) issued its decision in Fonds GB c 9451-3082 Québec Inc., 2024 QCCS 1122, granting Fonds GB’s application for an interlocutory injunction enjoining 9451-3082 Québec Inc. (9451 Québec) from using the trade name and trademark “Café Constance”.
Deeth Williams Wall https://www.dww.com/articles/another-rare-interlocutory-injunction-issued-trademark-case-%E2%80%93-quebec-court-finds

Federal Court Of Appeal Interprets The Scope Of Defence Against Moral Rights Infringement Under Section 64(2) Of The Copyright Act Federal Court Of Appeal Interprets The Scope Of Defence Against Moral Rights Infringement Under Section 6...

Trademark and Copyright Litigation
April 16, 2024April 16, 20242024-04-17
On March 27, 2024, the Federal Court of Appeal (the FCA) released its decision in French v Royal Canadian Legion (Dominion Command), 2024 FCA 63, that clarifies the scope of application of Subsection 64(2) of the Copyright Act which provides a defence against copyright and moral rights infringement in a design applied to a useful article produced in a quantity of more than 50.
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-appeal-interprets-scope-of-defence-against-moral-rights-infringement

Canadian Privacy Commissioner’s Takeaways From CRA And GCKey Cyber Breach – Lessons For Government Departments And Agencies Canadian Privacy Commissioner’s Takeaways From CRA And GCKey Cyber Breach – Lessons For Government Depart...

Privacy
April 16, 2024April 16, 20242024-04-17
On March 28, 2024, the Office of the Privacy Commissioner of Canada (OPC) published a Privacy Act Bulletin (Bulletin) summarizing key takeaways from its investigation into the 2020 cyber breach that affected the Canada Revenue Agency’s (CRA’s) sign-in portal and Employment and Social Development Canada (ESDC’s) “GCKey” authentication service.
Deeth Williams Wall https://www.dww.com/articles/canadian-privacy-commissioner%E2%80%99s-takeaways-from-cra-and-gckey-cyber-breach-%E2%80%93-lessons-for

Federal Courts Publish Invitation To Participate In 2024 Global Review Of Federal Courts Rules Federal Courts Publish Invitation To Participate In 2024 Global Review Of Federal Courts Rules

Litigation
April 16, 2024April 16, 20242024-04-17
On April 2, 2024, the Federal Court of Canada (FC) and the Federal Court of Appeal (FCA) published an invitation to participate in a global review of the Federal Courts Rules (the Rules). The invitation states that the 2024 Global Review Sub-Committee of the Federal Courts Rules Committee (the Sub-Committee) will conduct the global review.
Deeth Williams Wall https://www.dww.com/articles/federal-courts-publish-invitation-to-participate-2024-global-review-of-federal-courts

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