Expedited Examination of (Certain) Canadian Trademark Applications Expedited Examination of (Certain) Canadian Trademark Applications

Trademark
January 13, 2021January 13, 20212021-01-13
Canada’s Intellectual Property Office (CIPO) announced that, effective December 14, 2020, CIPO began accepting requests for expedited examination of trademark applications associated with medical goods or services related to COVID-19. To be eligible for expedited examination, the application must include at least one of the following types of goods or services:
Deeth Williams Wall https://www.dww.com/articles/expedited-examination-of-certain-canadian-trademark-applications

Federal Court of Appeal of Canada Holds a Trademark Registration is a Defence to Damages Even if Subsequently Expunged Federal Court of Appeal of Canada Holds a Trademark Registration is a Defence to Damages Even if Subseque...

Trademark and Copyright Litigation
December 16, 2020December 16, 20202020-12-16
On December 9, 2020, the Federal Court of Appeal of Canada (FCA) issued its decision in Group III International Ltd v Travelway Group International Ltd, 2020 FCA 210, finding that a trademark registration is a defence to damages or an accounting of profits during the period that it is registered.
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-appeal-of-canada-holds-a-trademark-registration-a-defence-to-damages-even

Canadian Privacy Commissioner Release Results of Investigation into Desjardins Data Breach Canadian Privacy Commissioner Release Results of Investigation into Desjardins Data Breach

Privacy
December 16, 2020December 16, 20202020-12-16
On December 14, 2020, the Privacy Commissioner of Canada released a statement on the findings of the joint investigation of the Office of the Privacy Commissioner (OPC) with the Commission d’accès à l’information du Québec into the security breach at Fédération des caisses Desjardins du Québec (Desjardins) that occurred in May 2019 and affected almost 10 million individuals in Canada and abroad.
Deeth Williams Wall https://www.dww.com/articles/canadian-privacy-commissioner-release-results-of-investigation-into-desjardins-data-breach

California Government Partners with Apple and Google for Statewide Expansion of its Exposure Notification App California Government Partners with Apple and Google for Statewide Expansion of its Exposure Notification...

Privacy
December 16, 2020December 16, 20202020-12-16
On December 7, 2020, the state government of California announced its partnership with Apple and Google to launch its COVID-19 exposure notification app, CA Notify, throughout the state. With this announcement, California joins nearly 20 states and territories who have launched apps based on Google and Apple’s Exposure Notification technology.
Deeth Williams Wall https://www.dww.com/articles/california-government-partners-apple-and-google-for-statewide-expansion-of-its-exposure

Flying Business Card Receives an Industrial Design Registration Flying Business Card Receives an Industrial Design Registration

Industrial Design
December 16, 2020December 16, 20202020-12-16
On December 8, 2020, Deeth Williams Wall LLP received an industrial design registration for its distinctive business card. The novelty promotional card has a unique appearance that quite literally flies out of your hand.
Deeth Williams Wall https://www.dww.com/articles/flying-business-card-receives-an-industrial-design-registration

Bill C-11: A Closer Look (Part 1 of 2) - Proposed Acts and Proposed Changes to Individual Rights Bill C-11: A Closer Look (Part 1 of 2) - Proposed Acts and Proposed Changes to Individual Rights

Privacy
December 11, 2020December 11, 20202020-12-11
On November 17, 2020, Bill C-11, the Digital Charter Implementation Act, 2020 (the “Bill”) was introduced by Canada’s Innovation, Science and Industry Minister, Navdeep Bains, in the House of Commons. The Bill is a first major overhaul of Canada’s federal privacy legislation in the past 20 years, since the enactment of the Personal Information Protection and Electronic Documents Act (“PIPEDA”).
Deeth Williams Wall https://www.dww.com/articles/bill-c11-a-closer-look-part-1-of-2-proposed-acts-and-proposed-changes-to-individual-rights

Canadian Agencies Remind Mobile App Companies of their Obligations under Canada’s Anti-Spam Legislation Canadian Agencies Remind Mobile App Companies of their Obligations under Canada’s Anti-Spam Legislation

Privacy
December 2, 2020December 2, 20202020-12-02
On November 26, 2020, the Office of the Privacy Commissioner of Canada, the Canadian Radio-television and Telecommunications Commission, and the Competition Bureau jointly announced that the agencies sent 36 letters to mobile app companies as part of a Canada’s Anti-Spam Legislation (CASL) compliance awareness-raising campaign.
Deeth Williams Wall https://www.dww.com/articles/canadian-agencies-remind-mobile-app-companies-of-their-obligations-under-canada%E2%80%99s-antispam

The European Commission Unveils a New Action Plan on Intellectual Property The European Commission Unveils a New Action Plan on Intellectual Property

Intellectual Property
December 2, 2020December 2, 20202020-12-02
On November 25, 2020, the European Commission (the Commission) published a new Action Plan entitled “Making the most of the EU’s innovative potential: An intellectual property action plan to support the EU’s recovery and resilience” (the Action Plan). The Action Plan is intended to assist European innovative industry players, especially small and medium-sized companies (SMEs), to better protect their inventions and capitalize on their intellectual property (IP), while supporting EU’s economy.
Deeth Williams Wall https://www.dww.com/articles/european-commission-unveils-a-new-action-plan-on-intellectual-property

Privacy Commissioner of Canada Issues Statement on Bill C-11 Privacy Commissioner of Canada Issues Statement on Bill C-11

Privacy
December 2, 2020December 2, 20202020-12-02
On November 19, 2020, the Privacy Commissioner of Canada issued a statement regarding the tabling of Bill C-11 (the Bill), the Canadian government's proposed new private-sector privacy legislation (as previously reported by the E-TIPS® Newsletter here).
Deeth Williams Wall https://www.dww.com/articles/privacy-commissioner-of-canada-issues-statement-on-bill-c11

Federal Court of Appeal of Canada Upholds Decision Finding Canadian Patent No. 1,341,537 Invalid for Obviousness Federal Court of Appeal of Canada Upholds Decision Finding Canadian Patent No. 1,341,537 Invalid for Obvi...

Patent Litigation
December 2, 2020December 2, 20202020-12-02
On November 3, 2020, the Federal Court of Appeal of Canada (the Court) issued its decision in Amgen Inc v Pfizer Canada ULC, 2020 FCA 188, dismissing an appeal from a Federal Court decision that found claims 43 to 47 of Canadian Patent No. 1,341,537 invalid due to obviousness.
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-appeal-of-canada-upholds-decision-finding-canadian-patent-no-1341537

EUIPO Dismisses Lewis Hamilton’s Application to Invalidate Watchmaker’s ‘HAMILTON’ Trademark EUIPO Dismisses Lewis Hamilton’s Application to Invalidate Watchmaker’s ‘HAMILTON’ Trademark

Trademark and Copyright Litigation
December 2, 2020December 2, 20202020-12-02
The European Union Intellectual Property Office (EUIPO) refused Formula One racing driver Lewis Hamilton’s request to cancel Swiss watchmaker Hamilton International’s ‘HAMILTON’ trademark.
Deeth Williams Wall https://www.dww.com/articles/euipo-dismisses-lewis-hamilton%E2%80%99s-application-to-invalidate-watchmaker%E2%80%99s-%E2%80%98hamilton%E2%80%99

Canadian Government Debuts Overhauled Federal Privacy Legislation with Introduction of Bill C-11 Canadian Government Debuts Overhauled Federal Privacy Legislation with Introduction of Bill C-11

Privacy
November 18, 2020November 18, 20202020-11-18
On November 17, 2020, the Honourable Navdeep Bains, the federal Minister of Innovation, Science and Industry, announced changes to Canada's privacy framework through the introduction of Bill C-11, which introduces two new statutes, the Consumer Privacy Protection Act and the Personal Information and Data Protection Tribunal Act, to replace provisions of the Personal Information Protection and Electronic Documents Act (PIPEDA) dealing with Canadian private sector privacy laws.
Deeth Williams Wall https://www.dww.com/articles/canadian-government-debuts-overhauled-federal-privacy-legislation-introduction-of-bill-c11

CIPO’s New Guidance on Assessing Patentable Subject-Matter CIPO’s New Guidance on Assessing Patentable Subject-Matter

Patent
November 18, 2020November 18, 20202020-11-18
On November 3, 2020, the Canadian Intellectual Property Office (CIPO) issued a guidance document explaining how it will determine whether claimed subject-matter is patentable, particularly in respect of computer-implemented inventions, medical diagnostic methods and medical uses.
Deeth Williams Wall https://www.dww.com/articles/cipo%E2%80%99s-new-guidance-on-assessing-patentable-subjectmatter

Privacy Commissioner of Canada Releases Key Recommendations for Regulating AI Privacy Commissioner of Canada Releases Key Recommendations for Regulating AI

Privacy
November 18, 2020November 18, 20202020-11-18
On November 12, 2020, the Office of the Privacy Commissioner of Canada (OPC) released key recommendations for regulating artificial intelligence (AI). The recommendations are the result of a public consultation that occurred earlier this year.
Deeth Williams Wall https://www.dww.com/articles/privacy-commissioner-of-canada-releases-key-recommendations-for-regulating-ai

US District Court Finds Google’s Process for Generating Media Content Availability Notification as Patent-Ineligible US District Court Finds Google’s Process for Generating Media Content Availability Notification as Patent...

Patent Litigation
November 18, 2020November 18, 20202020-11-19
On November 2, 2020, the United States District Court for the Northern District of California (the Court) in Google LLC v. Sonos, Inc., No. 20-cv-03845-EMC, granted Sonos’ motion to dismiss an action brought by Google alleging patent infringement of its U.S. patent no. 8,583,489 (‘489 Patent) on the ground that the invention is patent-ineligible under 35 U.S.C. § 101.
Deeth Williams Wall https://www.dww.com/articles/us-district-court-finds-google%E2%80%99s-process-for-generating-media-content-availability

Universal Broadband Fund Promises to Connect 98% of Canadians to High-Speed Internet by 2026 Universal Broadband Fund Promises to Connect 98% of Canadians to High-Speed Internet by 2026

Regulatory Law
November 18, 2020November 18, 20202020-11-18
On November 9, 2020, the Canadian Government announced the launch of the $1.75 billion Universal Broadband Fund (the Fund), an investment aimed towards connecting more Canadians to high-speed internet, growing businesses and creating jobs.
Deeth Williams Wall https://www.dww.com/articles/universal-broadband-fund-promises-to-connect-98-of-canadians-to-highspeed-internet-by-2026

Canadian Privacy Commissioners Find Cadillac Fairview Collected Images and Biometric Information of Shoppers Without Knowledge or Consent Canadian Privacy Commissioners Find Cadillac Fairview Collected Images and Biometric Information of Shopp...

Privacy
November 4, 2020November 4, 20202020-11-04
On October 29, 2020 the Canadian Office of the Privacy Commissioner (OPC) published a news release finding that commercial real estate company Cadillac Fairview (Cadillac) contravened applicable privacy laws through the use of embedded cameras inside digital information kiosks across twelve Canadian shopping malls to collect images of customers and generate biometric information from the images without the customer's knowledge or consent.
Deeth Williams Wall https://www.dww.com/articles/canadian-privacy-commissioners-find-cadillac-fairview-collected-images-and-biometric

Federal Court of Canada Grants Summary Judgment Holding Canadian Patent Invalid for Obviousness Federal Court of Canada Grants Summary Judgment Holding Canadian Patent Invalid for Obviousness

Patent Litigation
November 4, 2020November 4, 20202020-11-04
On October 22, 2020, the Federal Court of Canada (the Court) issued its decision in Flatwork Technologies, LLC (Powerblanket) v Brierley, 2020 FC 997, a patent impeachment action brought under section 60(1) of the Patent Act. The Court granted summary judgment, invalidating Canadian Patent 2,383,341 (the ‘341 Patent), which describes an electric heating wrap for use on articulated hydraulic booms, on the basis of obviousness.
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-canada-grants-summary-judgment-holding-canadian-patent-invalid-for

Office of the Privacy Commissioner of Canada Calls to Strengthen Privacy Protections Relating to Facial Recognition and Artificial Intelligence Technologies Office of the Privacy Commissioner of Canada Calls to Strengthen Privacy Protections Relating to Facial R...

Privacy
November 4, 2020November 4, 20202020-11-04
On October 27, 2020, the Office of the Privacy Commissioner of Canada (OPC) announced two resolutions adopted by the Global Privacy Assembly (GPA, formerly the International Conference of Data Protection and Privacy Commissioners) concerning the development and use of facial recognition technology and artificial intelligence (AI) systems.
Deeth Williams Wall https://www.dww.com/articles/office-of-privacy-commissioner-of-canada-calls-to-strengthen-privacy-protections-relating

Patented Medicine Prices Review Board Publishes Updated Guidelines Patented Medicine Prices Review Board Publishes Updated Guidelines

Patent
November 4, 2020November 4, 20202020-11-04
On October 23, 2020, the Patented Medicine Prices Review Board (PMPRB) published final Guidelines, which set out the PMPRB’s approach to the price review process and investigations.
Deeth Williams Wall https://www.dww.com/articles/patented-medicine-prices-review-board-publishes-updated-guidelines

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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