E-TIPS® Newsletter’s “2019: Year in Review” E-TIPS® Newsletter’s “2019: Year in Review”

Intellectual Property
January 15, 2020January 15, 20202020-01-15
Thank you for your readership over the last year and welcome to what is sure to be an exciting 2020!  In this year’s first issue of the E-TIPS® Newsletter, we will recap our most noteworthy reports from 2019 covering developments in IP and IT law, under the following categories: (1) “Legislative, Treaty and Policy Developments”, (2) “Patents”, (3) “Trademarks”, (4) “Copyright”, (5) “Privacy”, (6) “IT/Telecommunications” and (7) “Regulatory”.
Deeth Williams Wall https://www.dww.com/articles/etips%C2%AE-newsletter%E2%80%99s-%E2%80%9C2019-year-review%E2%80%9D

Patented Medicine Prices Review Board Publishes Draft Guidelines for Consultation Patented Medicine Prices Review Board Publishes Draft Guidelines for Consultation

Patent
December 11, 2019December 11, 20192019-12-11
On November 21, 2019, the Patented Medicine Prices Review Board (PMPRB) published draft Guidelines for consultation.  The draft Guidelines are intended to give effect to recent amendments to the Patented Medicines Regulations (Regulations). 
Deeth Williams Wall https://www.dww.com/articles/patented-medicine-prices-review-board-publishes-draft-guidelines-for-consultation

Canada’s First Site-Blocking Order is Challenged Canada’s First Site-Blocking Order is Challenged

Copyright
December 11, 2019December 11, 20192019-12-12
On November 15, 2019, the Federal Court of Canada (Court), in Bell Media Inc v GoldTV.Biz (2019 FC 1432), issued Canada’s first site-blocking order.  The order sought by various Canadian broadcasters, including Bell Media Inc, Rogers Media Inc and Groupe TVA Inc (collectively, Plaintiffs), requires eleven Internet service providers (ISPs) to block access to certain websites hosting unauthorized content. 
Deeth Williams Wall https://www.dww.com/articles/canada%E2%80%99s-first-siteblocking-order-challenged

Australia Proposes Internet of Things Cyber-Security Law Australia Proposes Internet of Things Cyber-Security Law

Security
December 11, 2019December 11, 20192019-12-11
On November 19, 2019, the Australian government released a draft code of practice (Code) for securing the Internet of Things for consumers (IoT).  The Code will undergo a period of public consultation before coming into force on March 1, 2020.
Deeth Williams Wall https://www.dww.com/articles/australia-proposes-internet-of-things-cybersecurity-law

ICANN Calls for More Transparency in .ORG Sale ICANN Calls for More Transparency in .ORG Sale

Domain Names
December 11, 2019December 11, 20192019-12-11
On December 9, 2019, the Internet Corporation for Assigned Names and Numbers (ICANN) announced that it is seeking additional information about the proposed .ORG registry sale from the Internet Society (ISOC) to Ethos Capital.  Under the .ORG Registry Agreement, the Public Interest Registry (PIR) must obtain ICANN’s prior approval before any transaction that would result in a change of control of the registry operator.
Deeth Williams Wall https://www.dww.com/articles/icann-calls-for-more-transparency-org-sale

Alberta Court Grants Corus Entertainment an Interlocutory Injunction Preventing Edmonton Radio Broadcaster from Using the POWER Name Alberta Court Grants Corus Entertainment an Interlocutory Injunction Preventing Edmonton Radio Broadcaste...

Trademark
December 11, 2019December 11, 20192019-12-11
On November 18, 2019, the Court of Queen’s Bench of Alberta (Court) released its decision in Corus Radio Inc v Harvard Broadcasting Inc, 2019 ABQB 880, granting Corus Radio Inc and Corus Entertainment Inc (collectively, Corus) an interlocutory injunction prohibiting Harvard Broadcasting Inc (Harvard) from using the word “POWER” with respect to its radio broadcasting business.
Deeth Williams Wall https://www.dww.com/articles/alberta-court-grants-corus-entertainment-an-interlocutory-injunction-preventing-edmonton

Fortnite Game Creator Goes on the Offensive Fortnite Game Creator Goes on the Offensive

Copyright
December 11, 2019December 11, 20192019-12-11
On December 6, 2019, Epic Games Inc (Epic Games), the creator of the game Fortnite, filed a complaint against US comedian and musician, Matt Geiler (Geiler), seeking a declaration that Fortnite does not infringe Geiler’s copyright or trademark rights in a “Dancing Pumpkin Man” character.
Deeth Williams Wall https://www.dww.com/articles/fortnite-game-creator-goes-on-offensive

CRTC to Launch New Internet Code CRTC to Launch New Internet Code

Regulatory Law
December 11, 2019December 11, 20192019-12-11
On January 31, 2020 the Canadian Radio-television and Telecommunications Commission (CRTC)’s new Internet Code (Code) will come into effect.  The Code is a mandatory code of conduct for Internet service providers of retail fixed Internet access services for individual customers. According to the CRTC, the Code will make it easier for Canadians to understand their Internet service contracts, to prevent bill shock from overage fees and price increases and to make it easier for Canadians to switch Internet service providers (ISPs).
Deeth Williams Wall https://www.dww.com/articles/crtc-to-launch-new-internet-code

Third Party Contracts: How Well are you Protecting Client Confidential Information in the Hands of Your Third Party Providers, Presentation by Richard Austin Third Party Contracts: How Well are you Protecting Client Confidential Information in the Hands of Your T...

Information Technology
December 6, 2019December 6, 20192019-12-16
Third Party Contracts: How Well are you Protecting Client Confidential Information in the Hands of Your Third Party Providers - 11.19.2019 presentation by Richard Austin
Deeth Williams Wall https://www.dww.com/articles/third-party-contracts-how-well-are-you-protecting-client-confidential-information-hands-of

PIPEDA Breach Notification, presentation by Richard Austin PIPEDA Breach Notification, presentation by Richard Austin

Information Technology
November 28, 2019November 28, 20192019-11-28
 PIPEDA Breach Notification - 2018-06-05 presentation by Richard Austin
Deeth Williams Wall https://www.dww.com/articles/pipeda-breach-notification-presentation-by-richard-austin

Open Data, presentation by Richard Austin Open Data, presentation by Richard Austin

Information Technology
November 28, 2019November 28, 20192019-11-28
Open Data - 2017-10-23 presentation by Richard Austin
Deeth Williams Wall https://www.dww.com/articles/open-data-presentation-by-richard-austin

Intermediary Accountability, presentation by Richard Austin Intermediary Accountability, presentation by Richard Austin

Information Technology
November 28, 2019November 28, 20192019-11-28
Intermediary Accountability - 2018-10-29 presentation by Richard Austin Download the Presentation Accountability of Internet Intermediaries 
Deeth Williams Wall https://www.dww.com/articles/intermediary-accountability-presentation-by-richard-austin

AI on the Case - Legal and Ethical Issues, presentation by Richard Austin AI on the Case - Legal and Ethical Issues, presentation by Richard Austin

Information Technology
November 28, 2019November 28, 20192019-11-28
AI on the Case - Legal and Ethical Issues - 2019.05.17 Presentation by Richard Austin
Deeth Williams Wall https://www.dww.com/articles/ai-on-case-legal-and-ethical-issues-presentation-by-richard-austin

Dream Crew Seeks to Trademark Health Canada’s THC Warning Label in the US Dream Crew Seeks to Trademark Health Canada’s THC Warning Label in the US

Trademark
November 27, 2019November 27, 20192019-11-28
On September 11, 2019, Dream Crew IP LLC (Dream Crew), a company reportedly owned by Canadian rapper and icon Drake, filed a US trademark application for a design mark identical Health Canada’s tetrahydrocannabinol (THC) warning label. The mark consists of a white marijuana leaf above the letters THC as illustrated below. The symbol is specifically used in Canada in order to mark products containing the psychoactive cannabinoid.
Deeth Williams Wall https://www.dww.com/articles/dream-crew-seeks-to-trademark-health-canada%E2%80%99s-thc-warning-label-us

USPTO Seeks Comments on Legal and Policy Issues Concerning Artificial Intelligence USPTO Seeks Comments on Legal and Policy Issues Concerning Artificial Intelligence

Intellectual Property
November 27, 2019November 27, 20192019-11-27
On October 30, 2019, the US Patent and Trademark Office (USPTO) issued a request for comments seeking the public’s input on the impact of artificial intelligence (AI) technologies on intellectual property law and policy with respect to copyright, trademark and other intellectual property rights.
Deeth Williams Wall https://www.dww.com/articles/uspto-seeks-comments-on-legal-and-policy-issues-concerning-artificial-intelligence

EDPB Finalizes Guidelines 3/2018 on the Territorial Scope of the GDPR EDPB Finalizes Guidelines 3/2018 on the Territorial Scope of the GDPR

Privacy
November 27, 2019November 27, 20192019-11-28
On November 12, 2019, The European Data Protection Board (EDPB) adopted a final version of Guidelines 3/2018 on the territorial scope of the General Data Protection Regulation (GDPR) (the Guidelines).  The Guidelines, initially adopted on November 16, 2019, were finalized after a period of open public consultation which ran until January 18, 2019, as previously reported by the E-TIPS® Newsletter here.
Deeth Williams Wall https://www.dww.com/articles/edpb-finalizes-guidelines-32018-on-territorial-scope-of-gdpr

Federal Court of Canada Dismisses Motion for Certification of Reverse Class Proceeding in File-Sharing Copyright Infringement Case Federal Court of Canada Dismisses Motion for Certification of Reverse Class Proceeding in File-Sharing Co...

Copyright
November 27, 2019November 27, 20192019-11-27
On November 12, 2019, the Federal Court of Canada (Court) released its decision in Voltage Pictures, LLC v Salna, 2019 FC 1412, dismissing the plaintiff’s motion for certification of a reverse class proceeding.
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-canada-dismisses-motion-for-certification-of-reverse-class-proceeding

CIPO Releases 2019 IP Canada Report CIPO Releases 2019 IP Canada Report

Intellectual Property
November 27, 2019November 27, 20192019-11-27
On September 24, 2019, the Canadian Intellectual Property Office (CIPO) published its 2019 IP Canada Report (the Report), detailing various trends in IP filing activities in Canada and abroad. The Report is based on 2017 and 2018 data and considers three types of IP rights administered by CIPO: patents, trademarks and industrial designs. IP Filings in Canada
Deeth Williams Wall https://www.dww.com/articles/cipo-releases-2019-ip-canada-report

United States Files Patent Infringement Lawsuit Against Gilead Sciences United States Files Patent Infringement Lawsuit Against Gilead Sciences

Patent Litigation
November 27, 2019November 27, 20192019-11-27
On November 6, 2019, the United States, on behalf of the US Department of Health and Human Services (HHS), filed a patent infringement lawsuit against Gilead Sciences Inc and Gilead Sciences Ireland UC (Gilead) for the infringement of HHS patents related to pre-exposure prophylaxis (PrEP) for HIV prevention.
Deeth Williams Wall https://www.dww.com/articles/united-states-files-patent-infringement-lawsuit-against-gilead-sciences

AI and How it Will Impact You, presentation by Richard Austin AI and How it Will Impact You, presentation by Richard Austin

Information Technology
November 25, 2019November 25, 20192019-11-28
AI and How it will Impact You - 2019.11.08. Presentation by Richard Austin.
Deeth Williams Wall https://www.dww.com/articles/ai-and-how-it-will-impact-you-presentation-by-richard-austin

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.

E-TIPS is a registered trade-mark of Deeth Williams Wall LLP.