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, 20192019-12-06
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

Information and Privacy Laws Across Canada are Overdue for Reform Information and Privacy Laws Across Canada are Overdue for Reform

Privacy
November 13, 2019November 13, 20192019-11-13
On November 6, 2019, the Office of the Privacy Commissioner of Canada (OPC) announced a joint resolution of the federal, provincial and territorial Information and Privacy Commissioners (collectively, the Commissioners) calling on their governments to modernize access to information and privacy laws, which they say "have sadly fallen behi
Deeth Williams Wall https://www.dww.com/articles/information-and-privacy-laws-across-canada-are-overdue-for-reform

European Trademark Invalidity Questions Referred to the CJEU European Trademark Invalidity Questions Referred to the CJEU

Trademark and Copyright Litigation
November 13, 2019November 13, 20192019-11-13
In the recent opinion issued by the Advocate General (AG) of the Court of Justice of the European Union (CJEU) in Sky v SkyKick (Case C-371/18), the AG advised that trademark registrations that cover broad and imprecise goods and services, such as “computer software”, could be declared invalid on the basis that they are contrary to public policy.
Deeth Williams Wall https://www.dww.com/articles/european-trademark-invalidity-questions-referred-to-cjeu

United States District Court to Address Copyright and Embedded Tweets United States District Court to Address Copyright and Embedded Tweets

Copyright
November 13, 2019November 13, 20192019-11-13
On October 27, 2019, Mr. Justin Goldman (Goldman) filed a lawsuit against Cox Radio Inc. in the US District Court for the Southern District of Florida (Court) for the alleged unauthorized use of a photo embedded in the company’s online tweets. The photo, which was protected by federal copyright and registered with the United States Copyright Office, went viral and created speculation surrounding the circumstances of two prominent sports figures.
Deeth Williams Wall https://www.dww.com/articles/united-states-district-court-to-address-copyright-and-embedded-tweets

Mandatory Breach Reporting Rules under PIPEDA Turns One Mandatory Breach Reporting Rules under PIPEDA Turns One

Privacy
November 13, 2019November 13, 20192019-11-13
On November 1, 2018, mandatory breach reporting rules under the Personal Information Protection and Electronic Documents Act (PIPEDA) came into effect (reported by the E-TIPS® Newsletter here). Since then, the Office of the Privacy Commissioner of Canada (OPC) has received over 680 breach reports affecting more than 28 million Canadians.
Deeth Williams Wall https://www.dww.com/articles/mandatory-breach-reporting-rules-under-pipeda-turns-one

Software Flaws with the Uber Self-Driving Car Caused the Fatal Crash in 2018 Software Flaws with the Uber Self-Driving Car Caused the Fatal Crash in 2018

Information Technology
November 13, 2019November 13, 20192019-11-14
On March 18, 2018, a self-driving Uber car in Tempe, Arizona hit a pedestrian walking her bicycle outside of an allocated crosswalk at night.  The pedestrian  died. It was recently revealed by a National Transportation Safety Board (NTSB) report that this fatal collision was due to a software flaw in Uber’s automated vehicles; the technology of these test vehicles did not have the ability to anticipate or detect jaywalking pedestrians.
Deeth Williams Wall https://www.dww.com/articles/software-flaws-uber-selfdriving-car-caused-fatal-crash-2018

Section 8 Defence of Infringement Must be Grounded in Actual Infringement Section 8 Defence of Infringement Must be Grounded in Actual Infringement

Pharmaceutical Patent Litigation
November 13, 2019November 13, 20192019-11-13
On October 10, 2019, the Federal Court of Canada, in Pharmascience Inc. v Pfizer Canada ULC 2019 FC 1271, held that reliance on section 8 of the Patent Medicines Notice of Compliance Regulations (the Regulations) must be grounded in actual, and not hypothetical or potential, infringement.
Deeth Williams Wall https://www.dww.com/articles/section-8-defence-of-infringement-must-be-grounded-actual-infringement

Changes to Canada's Patent Act and Rules Now in Force Changes to Canada's Patent Act and Rules Now in Force

Patent
October 30, 2019October 30, 20192019-10-30
On October 30, 2019, significant amendments to Canada’s Patent Act and Rules came into force.  The amendments made include the removal of 42 month national phase entry as of right, the introduction of restoration of priority, and the requirement to submit certified copies of priority documents.
Deeth Williams Wall https://www.dww.com/articles/changes-to-canadas-patent-act-and-rules-now-force

Ontario Court Assumes Jurisdiction in “Inside Out” Copyright Lawsuit Ontario Court Assumes Jurisdiction in “Inside Out” Copyright Lawsuit

Copyright
October 30, 2019October 30, 20192019-10-30
On October 15, 2019, in Pourshian v Walt Disney Company, 2019 ONSC 5916, the Ontario Superior Court of Justice (Court) found that it had jurisdiction to hear Mr. Damon Pourshian (Pourshian)’s claim for copyright infringement against Walt Disney Pictures Inc (Walt Disney), Pixar Animation Studios (Pixar) and Disney Shopping Inc (Disney Shopping) over the 2015 animated film “Inside Out.” The Court found that there was a real and substantial connection in relation to the claims and Ontario.
Deeth Williams Wall https://www.dww.com/articles/ontario-court-assumes-jurisdiction-%E2%80%9Cinside-out%E2%80%9D-copyright-lawsuit

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.