Slaying the Dragon Slowly—Tackling the Canadian Trademark Examination Backlog Slaying the Dragon Slowly—Tackling the Canadian Trademark Examination Backlog

Trademarks
December 13, 2023December 13, 20232023-12-13
The Canadian Intellectual Property Office (CIPO) has recently announced further details in its quest to start slaying the dragon of mounting trademark examination backlogs.
Deeth Williams Wall https://www.dww.com/articles/slaying-dragon-slowly%E2%80%94tackling-canadian-trademark-examination-backlog

Ontario Considers Use Of AI In The Hiring Process With Introduction Of Bill 149, Working For Workers Four Act, 2023 Ontario Considers Use Of AI In The Hiring Process With Introduction Of Bill 149, Working For Workers Four...

Information Technology
December 13, 2023December 13, 20232023-12-13
On November 14, 2023, the Ontario Government tabled Bill 149, Working for Workers Four Act, 2023 (Bill 149), which proposes legislative amendments to various employment statutes in Ontario. If passed, Bill 149 will require employers to disclose the use of Artificial Intelligence (AI) in the hiring process.
Deeth Williams Wall https://www.dww.com/articles/ontario-considers-use-of-ai-hiring-process-introduction-of-bill-149-working-for-workers

Federal Government Releases Proposed Amendments To Artificial Intelligence And Data Act Federal Government Releases Proposed Amendments To Artificial Intelligence And Data Act

Information Technology
December 13, 2023December 13, 20232023-12-13
On November 28, 2023, the Government of Canada published the text of proposed amendments to Part 3 of Bill C-27, the Artificial Intelligence and Data Act (AIDA).
Deeth Williams Wall https://www.dww.com/articles/federal-government-releases-proposed-amendments-to-artificial-intelligence-and-data-act

Federal Court Of Appeal Of Canada Provides Clarity On Goodwill Analysis And Trademark Licensing Federal Court Of Appeal Of Canada Provides Clarity On Goodwill Analysis And Trademark Licensing

Trademark and Copyright Litigation
December 13, 2023December 13, 20232023-12-13
On November 22, 2023, the Federal Court of Appeal of Canada (FCA) issued its decision in Dragona Carpet Supplies Mississauga Inc. v Dragona Carpet Supplies Ltd., 2023 FCA 228, dismissing an appeal relating to a decision of the Federal Court (FC) which dismissed a claim for passing off and expunged trademark registrations for DRAGONA.
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-appeal-of-canada-provides-clarity-on-goodwill-analysis-and-trademark

Federal Court Of Appeal Of Canada Dismisses Patent Validity Appeal Relating To Macitentan Drug Federal Court Of Appeal Of Canada Dismisses Patent Validity Appeal Relating To Macitentan Drug

Pharmaceutical Patent Litigation
November 29, 2023November 29, 20232023-11-29
On November 9, 2023, the Federal Court of Appeal (FCA) issued its decision in Sandoz Canada Inc. v Janssen Inc., 2023 FCA 221, dismissing an appeal relating to a decision of the Federal Court (FC) that dismissed allegations by the appellant, Sandoz Canada Inc. (Sandoz), that Canadian Patent No. 2,659,770 (the Patent) was invalid on various grounds.
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-appeal-of-canada-dismisses-patent-validity-appeal-relating-to-macitentan

Federal Court Of Appeal Of Canada Dismisses Apotex’s Appeal Relating to Apo-Macitentan, Finding Inducement of Infringement Federal Court Of Appeal Of Canada Dismisses Apotex’s Appeal Relating to Apo-Macitentan, Finding Inducemen...

Pharmaceutical Patent Litigation
November 29, 2023November 29, 20232023-11-29
On November 9, 2023, the Federal Court of Appeal (the FCA) issued its decision in Apotex Inc. v Janssen Inc., 2023 FCA 220, finding that the marketing and sale by Apotex Inc. (Apotex) of its Apo-Macitentan product would induce infringement of Canadian Patent No. 2,659,770 (the Patent).
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-appeal-of-canada-dismisses-apotex%E2%80%99s-appeal-relating-to-apomacitentan

Further Developments On Regulating AI: G7 Leaders Publish Voluntary Code On AI And US Government Issues Executive Order For Establishing AI Standards Further Developments On Regulating AI: G7 Leaders Publish Voluntary Code On AI And US Government Issues E...

Information Technology
November 29, 2023November 29, 20232023-11-29
On October 30, 2023, the G7 leaders published the International Guiding Principles for Organizations Developing Advanced AI Systems (the Principles) and the International Code of Conduct for Organizations Developing Advanced AI Systems (the Code), which are intended to support organizations when developing and using advanced AI technologies, such as the most advanced foundation models and generative AI systems.
Deeth Williams Wall https://www.dww.com/articles/further-developments-on-regulating-ai-g7-leaders-publish-voluntary-code-on-ai-and-us

Ontario Introduces New Consumer Protection Act Ontario Introduces New Consumer Protection Act

Information Technology
November 29, 2023November 29, 20232023-11-29
On October 23, 2023, Ontario introduced Bill 142, Better for Consumers, Better for Businesses Act, 2023 (Bill 142), which would repeal the Consumer Protection Act, 2002 and enact the Consumer Protection Act 2023, (the “new CPA”) as well as amend the Consumer Reporting Act, 2002. Bill 142 is aimed at addressing changing consumer habits and business practices in an increasingly online world, and would, if passed, seek to strengthen consumer protections and make life easier for both consumers and businesses.
Deeth Williams Wall https://www.dww.com/articles/ontario-introduces-new-consumer-protection-act

Government of Canada Releases Proposed Amendments to Part 1 of Bill C-27 Government of Canada Releases Proposed Amendments to Part 1 of Bill C-27

Privacy
November 15, 2023November 15, 20232023-11-15
On October 20, 2023, the Government of Canada released the text of proposed amendments to Part 1 of Bill C-27, the Consumer Privacy Protection Act (CPPA).
Deeth Williams Wall https://www.dww.com/articles/government-of-canada-releases-proposed-amendments-to-part-1-of-bill-c27

The Office Of The Information And Privacy Commissioner Of Ontario Joins International Regulators In Support Of Resolutions For AI In The Workplace and Generative AI The Office Of The Information And Privacy Commissioner Of Ontario Joins International Regulators In Suppo...

Privacy
November 15, 2023November 15, 20232023-11-15
On October 31, 2023, The Office of the Information and Privacy Commissioner of Ontario (IPC) announced two resolutions: the (i) Resolution on Artificial Intelligence and Employment (AI Employment Resolution); and (ii) Resolution on Generative Artificial Intelligence Systems (Generative AI Resolution), which it co-sponsored with fellow data protection and privacy authorities at the 45th Global Privacy Assembly.
Deeth Williams Wall https://www.dww.com/articles/office-of-information-and-privacy-commissioner-of-ontario-joins-international-regulators

Federal Court Of Canada Refuses To Strike SOCAN’s Claim Relating To Unpaid Royalties For Lack Of Jurisdiction Federal Court Of Canada Refuses To Strike SOCAN’s Claim Relating To Unpaid Royalties For Lack Of Jurisdic...

Trademark and Copyright Litigation
November 15, 2023November 15, 20232023-11-15
On October 18, 2023, the Federal Court of Canada (the Court) issued its decision in Society of Composers, Authors and Music Publishers of Canada v Vidéotron Ltée, 2023 FC 1385, in which it concluded that it was not plain and obvious that the Court does not have jurisdiction over a dispute relating to royalties under the Copyright Act.
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-canada-refuses-to-strike-socan%E2%80%99s-claim-relating-to-unpaid-royalties-for

Federal Court Of Canada Dismisses Application For Judicial Review And Finds Transferring Ownership Of New Drug Submission Does Not Require Re-Service Of NOA Federal Court Of Canada Dismisses Application For Judicial Review And Finds Transferring Ownership Of New...

Pharmaceutical Patent Litigation
November 15, 2023November 15, 20232023-11-15
On October 3, 2023, the Federal Court of Canada (the Court) issued its decision in Bayer Inc. v BGP Pharma ULC (Viatris Canada), 2023 FC 1325, dismissing Bayer Inc. and Regeneron Pharmaceuticals, Inc.’s (collectively, the Applicants’) application for judicial review of a decision by the Minister of Health (the Minister), which found that a transfer of ownership allowed Biosimilar Collaborations Ireland Limited (BCIL) to become the successor on a New Drug Submission (NDS) and receive certain benefits under the Patented Medicines (Notice of Compliance) Regulations (the Regulations). This included benefiting from the prior service of a related Notice of Allegation (NOA) served by its predecessor, BGP Pharma ULC dba Viatris Canada (Viatris).
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-canada-dismisses-application-for-judicial-review-and-finds-transferring

Government Of Canada Launches Consultation On Copyright In The Age Of Generative Artificial Intelligence Government Of Canada Launches Consultation On Copyright In The Age Of Generative Artificial Intelligence

Copyright
November 1, 2023November 1, 20232023-11-01
On October 12, 2023, the Government of Canada launched a Consultation on Copyright in the Age of Generative Artificial Intelligence (the Consultation), inviting stakeholders to submit feedback on matters related to copyright and artificial intelligence (AI).
Deeth Williams Wall https://www.dww.com/articles/government-of-canada-launches-consultation-on-copyright-age-of-generative-artificial

Office Of The Privacy Commissioner Of Canada Launches Public Consultation On New Draft Biometrics Guidance Documents Office Of The Privacy Commissioner Of Canada Launches Public Consultation On New Draft Biometrics Guidanc...

Privacy
November 1, 2023November 1, 20232023-11-01
On October 11, 2023, the Office of the Privacy Commissioner of Canada (OPC) launched a public consultation on draft guidance relating to the handling of biometric information for both public and private sector organizations.
Deeth Williams Wall https://www.dww.com/articles/office-of-privacy-commissioner-of-canada-launches-public-consultation-on-new-draft

Canadian Privacy Regulators Release Joint Resolutions Calling For Increased Privacy Protections For Employees And Young People Canadian Privacy Regulators Release Joint Resolutions Calling For Increased Privacy Protections For Emplo...

Privacy
November 1, 2023November 1, 20232023-11-01
On October 6, 2023, the Office of the Privacy Commissioner of Canada (OPC) announced the release of joint resolutions by Canada’s federal, provincial and territorial information and privacy authorities (collectively, the Regulators) calling for greater legal privacy protection for employees and young people. The announcement notes that each group is significantly vulnerable in its own way to the increasing influence of digital technologies.
Deeth Williams Wall https://www.dww.com/articles/canadian-privacy-regulators-release-joint-resolutions-calling-for-increased-privacy

Federal Court Of Appeal Of Canada Dismisses Appeal Relating To Copyright Infringement Action Against Internet Account Holders Federal Court Of Appeal Of Canada Dismisses Appeal Relating To Copyright Infringement Action Against Inte...

Trademark and Copyright Litigation
November 1, 2023November 1, 20232023-11-01
On September 27, 2023, the Federal Court of Appeal (the Court) in Voltage Holdings, LLC v Doe #1, 2023 FCA 194, dismissed an appeal that sought to hold internet account holders whose IP addresses had been linked to copyright infringement activities liable for copyright infringement. The Court found that linking an IP address involved in infringing activities to the identity of an internet account holder was insufficient to prove that the account holder was the person responsible for the infringing activity associated with their account.
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-appeal-of-canada-dismisses-appeal-relating-to-copyright-infringement

Changes To Trademark Opposition And Summary Cancellation Proceedings Coming On December 1 Changes To Trademark Opposition And Summary Cancellation Proceedings Coming On December 1

Trademarks
October 18, 2023October 18, 20232023-10-18
Changes are coming on December 1, 2023, to contentious trademark proceedings before the Canadian Intellectual Property Office (CIPO). The changes will shorten timelines for oppositions and summary cancellation (s. 45) proceedings.
Deeth Williams Wall https://www.dww.com/articles/changes-to-trademark-opposition-and-summary-cancellation-proceedings-coming-on-december-1

Innovation, Science And Industry Minister Champagne Summarizes Proposed Changes To Bill C-27 Innovation, Science And Industry Minister Champagne Summarizes Proposed Changes To Bill C-27

Privacy
October 18, 2023October 18, 20232023-10-18
On October 3, 2023, the Minister of Innovation, Science, and Industry (the Minister) sent a letter to the Chair of the Standing Committee on Industry and Technology that summarizes the areas in which the Government of Canada will propose amendments to Bill C-27, the Digital Charter Implementation Act. In the letter, the Minister highlights key proposed changes to the Consumer Privacy Protection Act (CPPA) and the Artificial Intelligence and Data Act (AIDA) that are based on feedback received from stakeholders.
Deeth Williams Wall https://www.dww.com/articles/innovation-science-and-industry-minister-champagne-summarizes-proposed-changes-to-bill-c27

Federal Court Of Appeal Finds Google Search Engine Subject To Canada’s Federal Privacy Law Federal Court Of Appeal Finds Google Search Engine Subject To Canada’s Federal Privacy Law

Privacy
October 18, 2023October 18, 20232023-10-18
On September 29, 2023, the Federal Court of Appeal (the FCA) issued its decision in Google LLC v Canada (Privacy Commissioner), 2023 FCA 200, dismissing Google LLC’s (Google's) appeal and finding that Google’s search engine is subject to the Personal Information Protection and Electronic Documents Act (PIPEDA), as it does not fall under PIPEDA’s journalistic purposes exemption.
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-appeal-finds-google-search-engine-subject-to-canada%E2%80%99s-federal-privacy-law

ISED Publishes Voluntary Code Of Conduct For Advanced Generative AI Systems ISED Publishes Voluntary Code Of Conduct For Advanced Generative AI Systems

Information Technology
October 18, 2023October 18, 20232023-10-18
On September 27, 2023, Innovation, Science and Economic Development Canada (ISED) published Canada's Voluntary Code of Conduct on the Responsible Development and Management of Advanced Generative AI Systems (the Code). The Code is the result of extensive stakeholder consultations (as previously reported by the E-TIPS® Newsletter here), and is intended to provide voluntary guidance for those developing or managing the operations of generative artificial intelligence (AI) systems before future AI-specific regulation comes into force.
Deeth Williams Wall https://www.dww.com/articles/ised-publishes-voluntary-code-of-conduct-for-advanced-generative-ai-systems

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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