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

Ontario Passes Fourth Working For Workers Act – Employers Required To Disclose Use Of AI In Hiring Ontario Passes Fourth Working For Workers Act – Employers Required To Disclose Use Of AI In Hiring

Information Technology
April 16, 2024April 16, 20242024-04-17
On March 21, 2024, the Ontario Government announced that it had passed the Working for Workers Four Act, 2024 (the Act), which implements legislative amendments to various employment statutes in Ontario, creating further protections for workers in Ontario and imposing additional responsibilities on employers, such as a requirement for employers to disclose the use of Artificial Intelligence (AI) in the hiring process.
Deeth Williams Wall https://www.dww.com/articles/ontario-passes-fourth-working-for-workers-act-%E2%80%93-employers-required-to-disclose-use-of-ai

A Milestone in AI Regulation – EU AI Act Approved By European Parliament A Milestone in AI Regulation – EU AI Act Approved By European Parliament

Information Technology
April 3, 2024April 3, 20242024-04-03
On March 13, 2024, the European Parliament approved the Artificial Intelligence Act (the Act), positioning the EU to have the world’s first binding comprehensive law on artificial intelligence (AI).
Deeth Williams Wall https://www.dww.com/articles/a-milestone-ai-regulation-%E2%80%93-eu-ai-act-approved-by-european-parliament

Federal Court of Appeal Finds Sonos Did Not Infringe Google’s Echo and Noise Control Patent Federal Court of Appeal Finds Sonos Did Not Infringe Google’s Echo and Noise Control Patent

Patent Litigation
April 3, 2024April 3, 20242024-04-03
On March 13, 2024, the Federal Court of Appeal (the FCA) issued its decision in Google LLC v Sonos Inc., 2024 FCA 44, upholding the Federal Court’s decision (in 2022 FC 1116) that Sonos Inc. (Sonos) did not infringe claim 7 of Google LLC’s (Google) Canadian Patent No. 2,545,150 (the 150 Patent).
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-appeal-finds-sonos-did-not-infringe-google%E2%80%99s-echo-and-noise-control

EU Court Finds Puma’s Sneaker Design Invalid Due To Prior Disclosure In Rihanna’s Instagram Posts EU Court Finds Puma’s Sneaker Design Invalid Due To Prior Disclosure In Rihanna’s Instagram Posts

Intellectual Property
April 3, 2024April 3, 20242024-04-03
On March 6, 2024, the General Court of the European Union ( the Court) released its decision in Puma SE v European Union Intellectual Property Office (T 647/22), finding Puma SE’s (Puma’s) registration for a sneaker design (the Contested Design) invalid because it was disclosed on social media by singer, Rihanna, prior to Puma’s filing to register the Contested Design.
Deeth Williams Wall https://www.dww.com/articles/eu-court-finds-puma%E2%80%99s-sneaker-design-invalid-due-to-prior-disclosure-rihanna%E2%80%99s-instagram

Client Advisory: Overview of The IPC’s Guidance on Facial Recognition and Mugshot Databases Used By Ontario Police Services Client Advisory: Overview of The IPC’s Guidance on Facial Recognition and Mugshot Databases Used By Ontar...

Information Technology
March 20, 2024March 20, 20242024-03-21
Facial recognition (FR) technology has the potential to significantly improve the speed and scale of police-operated mugshot databases. However, the use of FR technology by law enforcement raises legal, privacy, and ethical questions that are not fully resolved by Canada’s current laws relating to the identification of criminals.
Deeth Williams Wall https://www.dww.com/articles/client-advisory-overview-of-ipc%E2%80%99s-guidance-on-facial-recognition-and-mugshot-databases

Supreme Court Of Canada Finds IP Addresses Attract A Reasonable Expectation Of Privacy Supreme Court Of Canada Finds IP Addresses Attract A Reasonable Expectation Of Privacy

Privacy
March 20, 2024March 20, 20242024-03-20
On March 1, 2024, the Supreme Court of Canada (SCC) issued its decision in R. v Bykovets, 2024 SCC 6, in which a 5-4 majority held that an Internet Protocol (IP) address attracts a reasonable expectation of privacy and that a request by the state for an IP address constitutes a “search” under Section 8 of the Canadian Charter of Rights and Freedoms (the Charter).
Deeth Williams Wall https://www.dww.com/articles/supreme-court-of-canada-finds-ip-addresses-attract-a-reasonable-expectation-of-privacy

Federal Court Of Canada Considers Acquisition Of Trademarks And Special Circumstances Excusing Non-Use Federal Court Of Canada Considers Acquisition Of Trademarks And Special Circumstances Excusing Non-Use

Trademark and Copyright Litigation
March 20, 2024March 20, 20242024-03-20
On February 28, 2024, the Federal Court of Canada (the Court) in Comité Interprofessionnel du Vin de Champagne v Coors Brewing Company, 2024 FC 169, dismissed an appeal of a decision of the Registrar of Trademarks (the Registrar), finding that the Registrar committed no error in concluding that special circumstances excusing non-use existed for recently acquired trademarks.
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-canada-considers-acquisition-of-trademarks-and-special-circumstances

USPTO And US Copyright Office Publish Joint Study On NFTs And Intellectual Property USPTO And US Copyright Office Publish Joint Study On NFTs And Intellectual Property

Intellectual Property
March 20, 2024March 20, 20242024-03-20
On March 12, 2024, the United States Patent and Trademark Office (USPTO) and the United States Copyright Office (collectively, the Offices) published the results of a joint study they conducted regarding issues of intellectual property (IP) and policy arising from the use of non-fungible tokens (NFTs). Ultimately, the Offices concluded that NFT-specific IP laws are not necessary or advisable at this time.
Deeth Williams Wall https://www.dww.com/articles/uspto-and-us-copyright-office-publish-joint-study-on-nfts-and-intellectual-property

BC Tribunal Finds Air Canada Liable For Inaccurate Advice Given By Website Chatbot BC Tribunal Finds Air Canada Liable For Inaccurate Advice Given By Website Chatbot

Information Technology
March 6, 2024March 6, 20242024-03-06
On February 14, 2024, the British Columbia Civil Resolution Tribunal (the Tribunal) issued its decision in Moffatt v Air Canada, 2024 BCCRT 149, finding Air Canada liable for damages after failing to take reasonable care to ensure the accuracy of its website chatbot.
Deeth Williams Wall https://www.dww.com/articles/bc-tribunal-finds-air-canada-liable-for-inaccurate-advice-given-by-website-chatbot

Government Of Canada Introduces Online Harms Act That Targets Harmful Social Media Content Government Of Canada Introduces Online Harms Act That Targets Harmful Social Media Content

Privacy
March 6, 2024March 6, 20242024-03-06
On February 26, 2024, the Government of Canada introduced Bill C-63, the Online Harms Act (Bill C-63). Bill C-63 aims to hold social media platforms accountable for harmful content hosted on their platforms and create stronger online protections for everyone in Canada, especially children.
Deeth Williams Wall https://www.dww.com/articles/government-of-canada-introduces-online-harms-act-targets-harmful-social-media-content

BC Court Awards Damages For False And Misleading Amazon Infringement Notices BC Court Awards Damages For False And Misleading Amazon Infringement Notices

Trademark and Copyright Litigation
March 6, 2024March 6, 20242024-03-06
On January 15, 2024, in Keezio Group, LLC v The Shrunks’ Family Toy Company Inc., 2024 BCSC 64, the Supreme Court of British Columbia (the Court) awarded damages for false and misleading trademark and copyright infringement complaints filed with Amazon.
Deeth Williams Wall https://www.dww.com/articles/bc-court-awards-damages-for-false-and-misleading-amazon-infringement-notices

USPTO Releases Guidance On Patentability Of AI-Assisted Inventions USPTO Releases Guidance On Patentability Of AI-Assisted Inventions

Patents
February 21, 2024February 21, 20242024-02-21
On February 13, 2024, the United States Patent and Trademark Office (USPTO) issued its Inventorship Guidance for AI-Assisted Inventions (the Guidance). The Guidance was issued pursuant to President Biden’s executive order from October 30, 2023, tasking the USPTO with publishing guidance for stakeholders on how it will analyze inventorship issues relating to artificial intelligence (AI) (as previously reported by the E-TIPS® Newsletter here).
Deeth Williams Wall https://www.dww.com/articles/uspto-releases-guidance-on-patentability-of-aiassisted-inventions

Federal Court Of Canada Finds Non-Infringement And Invalidity Of Takeda’s Patent Federal Court Of Canada Finds Non-Infringement And Invalidity Of Takeda’s Patent

Pharmaceutical Patent Litigation
February 21, 2024February 21, 20242024-02-21
On February 7, 2024, the Federal Court of Canada (the Court) issued its decision in Takeda Canada Inc. v Apotex Inc., 2024 FC 106, dismissing Takeda Canada Inc.’s (Takeda) claims for infringement of its Canadian Patent No. 2,570,916 (the 916 Patent) by Apotex Inc. (Apotex).
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-canada-finds-noninfringement-and-invalidity-of-takeda%E2%80%99s-patent

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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