Federal Court of Appeal Confirms Actions under the PM(NOC) Regulations Are Not Restricted to Issues Raised in the Notice of Allegation Federal Court of Appeal Confirms Actions under the PM(NOC) Regulations Are Not Restricted to Issues Raise...

Pharmaceutical Patent Litigation
June 23, 2021June 23, 20212021-06-23
On June 9, 2021, the Federal Court of Appeal of Canada (FCA) in Sunovion Pharmaceuticals Canada Inc. v Taro Pharmaceuticals Inc., 2021 FCA 113, dismissed the appeal of Sunovion Pharmaceuticals Canada (Sunovion, or the ‘first person’) from the Federal Court (FC) decision, 2021 FC 37, allowing Taro Pharmaceuticals Inc. (Taro, or the ‘second person’) to amend its statement of defence in the context of an action brought under the Patented Medicines (Notice of Compliance) Regulations (the Regulations).
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-appeal-confirms-actions-under-pmnoc-regulations-are-not-restricted-to

Ontario Superior Court of Justice Limits the Scope of the Tort of Intrusion Upon Seclusion Ontario Superior Court of Justice Limits the Scope of the Tort of Intrusion Upon Seclusion

Privacy
June 23, 2021June 23, 20212021-06-23
On June 9, 2021, the Ontario Superior Court of Justice issued its decision in Owsianik v Equifax Canada Co, 2021 ONSC 4112, where the majority allowed an appeal arising from the plaintiff’s successful class certification motion, finding that entities that collect and store private information cannot be liable for intrusion upon seclusion by failing to prevent the intrusion of another.
Deeth Williams Wall https://www.dww.com/articles/ontario-superior-court-of-justice-limits-scope-of-tort-of-intrusion-upon-seclusion

Federal Court of Canada Awards Damages for Infringement of SUBWAY Trademarks Federal Court of Canada Awards Damages for Infringement of SUBWAY Trademarks

Trademark and Copyright Litigation
June 23, 2021June 23, 20212021-06-23
On June 10, 2021, the Federal Court of Canada (the Court) issued its decision in Subway IP LLC v Budway, Cannabis & Wellness Store, 2021 FC 583, where it granted Subway IP LLC (Subway) damages for infringement, passing off, and depreciation of goodwill of its registered trademarks.
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-canada-awards-damages-for-infringement-of-subway-trademarks

Privacy Commissioner of Canada Releases Statement On RCMP’s Use Of Clearview AI and Draft Guidance On Use Of Facial Recognition Technology Privacy Commissioner of Canada Releases Statement On RCMP’s Use Of Clearview AI and Draft Guidance On Use...

Privacy
June 23, 2021June 23, 20212021-06-23
On June 10, 2021, the Office of the Privacy Commissioner of Canada (OPC) issued a statement following its investigation into the RCMP’s use of Clearview AI’s facial recognition technology (FRT), reporting that the RCMP contravened the Privacy Act (the Act) when it collected information from Clearview AI.
Deeth Williams Wall https://www.dww.com/articles/privacy-commissioner-of-canada-releases-statement-on-rcmp%E2%80%99s-use-of-clearview-ai-and-draft

Federal Court Finds That “Harley Davidson Willie G Edition” Custom-Built Electric Bicycles Infringe Harley-Davidson’s Trademarks Federal Court Finds That “Harley Davidson Willie G Edition” Custom-Built Electric Bicycles Infringe Harle...

Trademark and Copyright Litigation
June 23, 2021June 23, 20212021-06-23
On June 17, 2021, the Federal Court of Canada (the Court) issued its decision in H-D U.S.A., LLC v Varzari, 2021 FC 620, in which Justice McHaffie found in favour of H-D USA, LLC and Harley-Davidson Canada LP (collectively, the Applicants) for trademark infringement, passing off and depreciation of goodwill in relation to custom-built electric bicycles sold by Mr. Varzari.
Deeth Williams Wall https://www.dww.com/articles/federal-court-finds-%E2%80%9Charley-davidson-willie-g-edition%E2%80%9D-custombuilt-electric-bicycles

Federal Court of Appeal Upholds Canada’s First Site-Blocking Order Federal Court of Appeal Upholds Canada’s First Site-Blocking Order

Trademark and Copyright Litigation
June 8, 2021June 8, 20212021-06-08
On May 26, 2021, the Federal Court of Appeal of Canada (FCA) issued its decision in Teksavvy Solutions Inc. v Bell Media Inc., 2021 FCA 100, upholding the decision of the Federal Court (FC) to issue Canada’s first website-blocking order, which requires Internet service providers (ISPs) to block access to certain websites hosting unauthorized content.
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-appeal-upholds-canada%E2%80%99s-first-siteblocking-order

Federal Court Reaffirms Principle that Copyright Protection Does Not Extend to Facts Federal Court Reaffirms Principle that Copyright Protection Does Not Extend to Facts

Trademark and Copyright Litigation
June 8, 2021June 8, 20212021-06-08
On May 27, 2021, the Federal Court of Canada (Court) issued its decision in Winkler v. Hendley, 2021 FC 498, summarily dismissing an action for copyright infringement and reaffirming the long standing principle that there is no copyright in facts. This principle applies in cases where the author’s work is plausibly represented as nonfictional and historically factual, even if it may subsequently be shown as untrue.
Deeth Williams Wall https://www.dww.com/articles/federal-court-reaffirms-principle-copyright-protection-does-not-extend-to-facts

Canadian Radio-Television and Telecommunications Commission Determines Final Wholesale Rates For Broadband Services Canadian Radio-Television and Telecommunications Commission Determines Final Wholesale Rates For Broadban...

Telecommunications
June 8, 2021June 8, 20212021-06-08
On May 27, 2021, the Canadian Radio-television and Telecommunications Commission (CRTC) announced that it had finalized the rates that large companies can charge competitors to access their high-speed broadband networks under the industry’s existing wholesale aggregated model. This decision resolves a long-standing dispute under the industry’s current wholesale framework and allows the CRTC to now shift its focus towards the industry’s new disaggregated wholesale model that is set to be implemented in the future.
Deeth Williams Wall https://www.dww.com/articles/canadian-radiotelevision-and-telecommunications-commission-determines-final-wholesale

Québec’s New Language Bill Proposes Amendments to Use of Non-French Trademarks in Québec Québec’s New Language Bill Proposes Amendments to Use of Non-French Trademarks in Québec

Trademarks
June 8, 2021June 8, 20212021-06-08
On May 13, 2021, the Québec government introduced Bill 96 An Act respecting French, the official and common language of Québec (Bill), which proposes amendments to the Charter of the French language. One of the proposed amendments in the Bill requires non-French-language marks to be registered under the Trademarks Act in order to appear on public signs, posters and commercial advertising. The proposed amendments no longer recognize common law trademarks as “recognized trademarks” in Québec.
Deeth Williams Wall https://www.dww.com/articles/qu%C3%A9bec%E2%80%99s-new-language-bill-proposes-amendments-to-use-of-nonfrench-trademarks-qu%C3%A9bec

Federal Court Clarifies Requirements in Trademark Opposition Related to Extended Trademark Registrations Federal Court Clarifies Requirements in Trademark Opposition Related to Extended Trademark Registrations

Trademark and Copyright Litigation
June 8, 2021June 8, 20212021-06-08
On June 1, 2021, the Federal Court of Canada (the Court) in Schneider Electric Industries SAS v Spectrum Brands, Inc., 2021 FC 518, dismissed an appeal challenging the Registrar of Trademarks decision, 2019 TMOB 94, finding that an opponent in a trademark opposition proceeding is not required to amend its statement of opposition in order to rely on an amended trademark registration which extends the statement of goods or services.
Deeth Williams Wall https://www.dww.com/articles/federal-court-clarifies-requirements-trademark-opposition-related-to-extended-trademark

Privacy Commissioner of Canada Makes Recommendations to Strengthen Privacy Protections in Bill C-11 Privacy Commissioner of Canada Makes Recommendations to Strengthen Privacy Protections in Bill C-11

Privacy
May 26, 2021May 26, 20212021-05-26
On May 11, 2021, the Privacy Commissioner of Canada released his submission to the House of Commons Standing Committee on Access to Information, Privacy and Ethics on Bill C-11 (the Bill), the federal government's proposed new private-sector privacy legislation introduced in November 2020 that would replace the current regime under the Personal Information Protection and Electronic Documents Act (as previously reported by the E-TIPS® Newsletter here).
Deeth Williams Wall https://www.dww.com/articles/privacy-commissioner-of-canada-makes-recommendations-to-strengthen-privacy-protections

Canadian Privacy Commissioners Release Joint Statement Stressing Importance of Privacy Protections of Individuals When Considering Use of Vaccine Passports Canadian Privacy Commissioners Release Joint Statement Stressing Importance of Privacy Protections of Ind...

Privacy
May 26, 2021May 26, 20212021-05-26
On May 19, 2021, the Privacy Commissioner of Canada alongside provincial and territorial privacy commissioners and the ombuds of Manitoba and New Brunswick (the Commissioners) issued a joint statement on privacy considerations for COVID-19 vaccine passports (the Joint Statement). In the Joint Statement, the Commissioners recognized the substantial public benefit vaccine passports may offer, but stressed that privacy should be “front and centre” for governments and businesses considering vaccine passports as a tool to help Canadians return to normal life.
Deeth Williams Wall https://www.dww.com/articles/canadian-privacy-commissioners-release-joint-statement-stressing-importance-of-privacy

Federal Court Finds Conservative Party’s Use of CBC’s Copyrighted Works Constituted “Fair Dealing” Federal Court Finds Conservative Party’s Use of CBC’s Copyrighted Works Constituted “Fair Dealing”

Trademark and Copyright Litigation
May 26, 2021May 26, 20212021-05-26
On May 13, 2021, the Federal Court of Canada (the Court) issued its decision in Canadian Broadcasting Corporation v Conservative Party of Canada, 2021 FC 425, in which it dismissed the copyright infringement claim brought by the Canadian Broadcasting Corporation (CBC) against the Conservative Party of Canada (CPC) for “attack ads” shown at the time of the 2019 federal election.
Deeth Williams Wall https://www.dww.com/articles/federal-court-finds-conservative-party%E2%80%99s-use-of-cbc%E2%80%99s-copyrighted-works-constituted-%E2%80%9Cfair

Privacy Commissioner of Canada Closes File on Privacy Complaint Against Federal Political Parties Privacy Commissioner of Canada Closes File on Privacy Complaint Against Federal Political Parties

Privacy
May 26, 2021May 26, 20212021-05-26
On May 13, 2021, the Office of the Privacy Commissioner of Canada (the OPC) announced that it has closed its file on a complaint against the Liberal, Conservative, and New Democratic Parties (the Parties), noting that the activities in the complaint are not subject to the privacy obligations under the Personal Information Protection and Electronic Documents Act (PIPEDA).
Deeth Williams Wall https://www.dww.com/articles/privacy-commissioner-of-canada-closes-file-on-privacy-complaint-against-federal-political

Federal Court of Appeal Provides Clarity on the Anticipation and Obviousness Analyses in the Context of Selection Patents Federal Court of Appeal Provides Clarity on the Anticipation and Obviousness Analyses in the Context of S...

Patent Litigation
May 26, 2021May 26, 20212021-05-26
The Federal Court of Appeal of Canada (the Court) recently dismissed the appeal in Apotex Inc. v Shire LLC, 2021 FCA 52. This was an appeal of a decision holding that the claims of Canadian Patent No. 2,527,646 (CA 646), directed to L-lysine-d-amphetamine (LDX), were valid. In this decision, the Court outlined that a selection patent is subject to the same requirements and vulnerable to the same attacks as any other patent, and in particular, that the validity analysis does not change depending on whether the patent was classified as a selection patent.
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-appeal-provides-clarity-on-anticipation-and-obviousness-analyses-context

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

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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