OPC Announces Consultation on Transborder Dataflows OPC Announces Consultation on Transborder Dataflows

Privacy
April 17, 2019April 17, 20192019-04-17
On April 9, 2019, the Office of the Privacy Commissioner of Canada (OPC) announced that it is revisiting its policy position on transborder dataflows under the Personal Information Protection and Electronic Documents Act (PIPEDA).  The
Deeth Williams Wall https://www.dww.com/articles/opc-announces-consultation-on-transborder-dataflows

European Commission Launches Pilot Program to Test Ethical Guidelines for Artificial Intelligence European Commission Launches Pilot Program to Test Ethical Guidelines for Artificial Intelligence

Information Technology
April 17, 2019April 17, 20192019-04-17
On April 8, 2019, the European Commission (Commission) announced the launch of a pilot project to test draft ethical rules for developing and applying artificial intelligence (AI) technologies.
Deeth Williams Wall https://www.dww.com/articles/european-commission-launches-pilot-program-to-test-ethical-guidelines-for-artificial

Trump Administration Turns Attention to Combating Trafficking in Counterfeit and Pirated Goods Trump Administration Turns Attention to Combating Trafficking in Counterfeit and Pirated Goods

Intellectual Property
April 17, 2019April 17, 20192019-04-17
On April 3, 2019, US President Donald Trump released a memorandum on combating trafficking in counterfeit and pirated goods, bringing new attention to this topic.
Deeth Williams Wall https://www.dww.com/articles/trump-administration-turns-attention-to-combating-trafficking-counterfeit-and-pirated

Federal Court of Appeal Dismisses Appeal in Trademark Opposition Proceeding Federal Court of Appeal Dismisses Appeal in Trademark Opposition Proceeding

Trademark
April 17, 2019April 17, 20192019-04-17
On April 2, 2019, in Seara Alimentos Ltd v Amira Enterprises Inc, 2019 FCA 63, the Federal Court of Appeal (FCA) dismissed an appeal by Seara from a decision of the Federal Court refusing registration of Seara’s trademarks.
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-appeal-dismisses-appeal-trademark-opposition-proceeding

Federal Court Considers Motion to Stay Prosecution and Issuance of Canadian Patent Applications Federal Court Considers Motion to Stay Prosecution and Issuance of Canadian Patent Applications

Patent
April 17, 2019April 17, 20192019-04-17
On February 4, 2019, the Federal Court (Court) issued a decision in Canadian National Railway Company v BNSF Railway Company, 2019 FC 142, considering a motion by BNS
Deeth Williams Wall https://www.dww.com/articles/federal-court-considers-motion-to-stay-prosecution-and-issuance-of-canadian-patent

Federal Court Dismisses Application to Expunge Upper Crust’s Trademark Federal Court Dismisses Application to Expunge Upper Crust’s Trademark

Trademark
April 17, 2019April 17, 20192019-04-17
On April 2, 2019, in Bon Appetit Danish, Inc v 2168587 Ontario Ltd, 2019 FC 396, the Federal Court (Court) dismissed an application brought by
Deeth Williams Wall https://www.dww.com/articles/federal-court-dismisses-application-to-expunge-upper-crust%E2%80%99s-trademark

Federal Court Considers Validity and Infringement of Canadian Patent 2,491,858 Federal Court Considers Validity and Infringement of Canadian Patent 2,491,858

Patent Litigation
April 3, 2019April 3, 20192019-04-03
On March 6, 2019, the Federal Court (Court) issued a decision in Tensar Technologies Ltd v Enviro-Pro Geosynthetics Ltd, 2019 FC 277, considering the validity and infringement of Canadian Patent 2,491,858 (the ‘858 Patent), owned by Tensar Technologies, Limited (Tensar).  The Court found that the claims at issue were valid, but not infringed b
Deeth Williams Wall https://www.dww.com/articles/federal-court-considers-validity-and-infringement-of-canadian-patent-2491858

Competition Bureau Finalizes IP Enforcement Guidelines Competition Bureau Finalizes IP Enforcement Guidelines

Intellectual Property
April 3, 2019April 3, 20192019-04-03
On March 13, 2019, the Competition Bureau (the Bureau) published a final version of its revised Intellectual Property Enforcement Guidelines (IPEGs).
Deeth Williams Wall https://www.dww.com/articles/competition-bureau-finalizes-ip-enforcement-guidelines

Update: Supreme Court Denies Leave to Appeal in Dispute Over Breach of IT Services Subcontract Update: Supreme Court Denies Leave to Appeal in Dispute Over Breach of IT Services Subcontract

Technology Contracting
April 3, 2019April 3, 20192019-04-10
On March 21, 2019, the Supreme Court of Canada dismissed an application, brought by Sapient Canada Inc (Sapient), for leave to appeal in Atos IT Solutions v Sapient Canada Inc,
Deeth Williams Wall https://www.dww.com/articles/update-supreme-court-denies-appeal-dispute-over-breach-of-it-services-subcontract

EU Regulators Hits Google With Another Multi-Billion Dollar Fine EU Regulators Hits Google With Another Multi-Billion Dollar Fine

Information Technology
April 3, 2019April 3, 20192019-04-03
On March 20, 2019, the European Union Competition Commission (Commission) found Google Inc (Google) in breach of antitrust rules for imposing restrictive clauses in contracts with websites that use Google AdSense to prevent Google’s rivals from placing their ads on th
Deeth Williams Wall https://www.dww.com/articles/eu-regulators-hits-google-another-multibillion-dollar-fine

European Parliament Votes to Pass Controversial Copyright Directive European Parliament Votes to Pass Controversial Copyright Directive

Copyright
April 3, 2019April 3, 20192019-04-03
On March 26, 2019, members of the European Parliament voted to pass the controversial Copyright Directive which will bring significant reforms to how online content is governed.
Deeth Williams Wall https://www.dww.com/articles/european-parliament-votes-to-pass-controversial-copyright-directive

Federal Court of Appeal Rules that Profit is Not Required to Establish Use in the “Normal Course of Trade” Federal Court of Appeal Rules that Profit is Not Required to Establish Use in the “Normal Course of Trade...

Trademark
April 3, 2019April 3, 20192019-04-03
On March 11, 2019, in Cosmetic Warriors Limited v Riches, McKenzie & Herbert LLP, 2019 FCA 48, the Federal Court of Appeal (FCA) allowed an appeal from a judgment of the Federal Court that struck Cosmetic Warriors Ltd’s trademark LUSH from the register.
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-appeal-rules-profit-not-required-to-establish-use-%E2%80%9Cnormal-course-of-trade

Federal Court Denies Motion on Consent to Grant Protective Order Federal Court Denies Motion on Consent to Grant Protective Order

Patent
March 21, 2019March 21, 20192019-03-21
On March 7, 2019, the Federal Court of Canada (Court) issued its decision in Canadian National Railway Company v BNSF Railway Company, 2019 FC 281, dismissing a motion on consent to issue a proposed protective
Deeth Williams Wall https://www.dww.com/articles/federal-court-denies-motion-on-consent-to-grant-protective-order

Apotex Inc v Schering Corp Saga over the Ramipril Drug Continues Apotex Inc v Schering Corp Saga over the Ramipril Drug Continues

Patent
March 21, 2019March 21, 20192019-03-21
On February 27, 2019, in Apotex Inc v Schering Corporation (2019 ONSC 1393), the Ontario Superior Court of Justice granted Schering and Sanofi-Aventis (collectively “Sanofi”) leave to bring a motion to strike Apotex’s pleadings dealing with the validity of
Deeth Williams Wall https://www.dww.com/articles/apotex-inc-v-schering-corp-saga-over-ramipril-drug-continues

United States Court of Appeals on Inherency United States Court of Appeals on Inherency

Patent
March 21, 2019March 21, 20192019-03-21
On March 8, 2019, the United States Court of Appeals for the Federal Circuit (the Court) issued a decision in Personal Web Technologies, LLC, v Apple, Inc, reversing a decision of the Patent Trial and Appeal Board (Board) concluding that certain claims of U.S. Patent No 7,802,310 (the ’310 Patent) were obvious in view of U.S.
Deeth Williams Wall https://www.dww.com/articles/united-states-court-of-appeals-on-inherency

Internet of Things Security Bill Introduced in US House and Senate Internet of Things Security Bill Introduced in US House and Senate

Information Technology
March 21, 2019March 21, 20192019-03-21
On March 11, 2019 the Internet of Things Cybersecurity Improvement Act of 2019 (the “Act”), a bill which would require minimum of security standards for any Internet of Things (IoT) devices purchased by the US federal government, was
Deeth Williams Wall https://www.dww.com/articles/internet-of-things-security-bill-introduced-us-house-and-senate

UK House of Lords Releases Report Calling for "Digital Authority" to Regulate Technological World UK House of Lords Releases Report Calling for "Digital Authority" to Regulate Technological World

Information Technology
March 21, 2019March 21, 20192019-03-21
The United Kingdom House of Lords (the “House”) recently released a report suggesting the creation of a "Digital Authority" in an effort to regulate the technological world, most notably online giants.  While the "Digital Authority" is not expected to replace the roles that organizations such as the UK Information Commissioner's Office play in the industry, it aims to collaborate with such organizations
Deeth Williams Wall https://www.dww.com/articles/uk-house-of-lords-releases-report-calling-for-digital-authority-to-regulate-technological

Celebrities to Dismiss & Refile Their Copyright Infringement Claims Against Fortnite Game Maker Celebrities to Dismiss & Refile Their Copyright Infringement Claims Against Fortnite Game Maker

Copyright
March 21, 2019March 21, 20192019-03-21
On March 4, 2019, the United States Supreme Court issued its decision in Fourth Estate Public Benefit Corp v Wall-Street.com, LLC, 586 US (2019) finding that a claim for copyright infringement cannot be filed until after the US Copyright Office has granted registrati
Deeth Williams Wall https://www.dww.com/articles/celebrities-to-dismiss-refile-their-copyright-infringement-claims-against-fortnite-game

US Government Accountability Office Recommends New Privacy Law US Government Accountability Office Recommends New Privacy Law

Privacy
March 6, 2019March 6, 20192019-03-06
On January 15, 2019, the US Government Accountability Office (GAO) released its report recommending that Congress develop comprehensive Internet privacy legislation to better protect consumers.
Deeth Williams Wall https://www.dww.com/articles/us-government-accountability-office-recommends-new-privacy-law

New Jersey Based Shoe Designer Seeks Protection of Green-Soled Shoes New Jersey Based Shoe Designer Seeks Protection of Green-Soled Shoes

Trademark
March 6, 2019March 6, 20192019-03-06
With the recent success of Christian Louboutin enforcing their trademarked red-soled shoes, it seems like other companies are taking their chances on similar protection.  Reginald Bendolph, a shoe company based out of Irvington, New Jersey, recently filed a trademark application on shoes with the sole painted green.   The company cites that their fir
Deeth Williams Wall https://www.dww.com/articles/new-jersey-based-shoe-designer-seeks-protection-of-greensoled-shoes