Privacy Commissioner of Canada Finds Bank Properly Protects Customer Information Transferred to Third Parties for Processing Privacy Commissioner of Canada Finds Bank Properly Protects Customer Information Transferred to Third Par...

Privacy
August 12, 2020August 12, 20202020-08-12
In 2017, a former TD employee filed a complaint with the Office of the Privacy Commissioner of Canada regarding the outsourcing of TD’s fraud claim investigations to service providers operating in India. The Commissioner recently released its Report of Findings in respect of the complaint.
Deeth Williams Wall https://www.dww.com/articles/privacy-commissioner-of-canada-finds-bank-properly-protects-customer-information

Federal Court of Appeal of Canada Clarifies Jurisdiction of the Federal Court on Matters of Patent Ownership Involving Contracts Federal Court of Appeal of Canada Clarifies Jurisdiction of the Federal Court on Matters of Patent Owners...

Patent
August 12, 2020August 12, 20202020-08-12
On July 28, 2020, the Federal Court of Appeal of Canada (FCA) in Salt Canada Inc v Baker, 2020 FCA 127, clarified the powers of the Federal Court to adjudicate title to a patent under section 52 of the Patent Act, including engaging in interpretation of contractual agreements and other commercial instruments between private parties, to ensure that the records of the Patent Office reflect the correct legal situation.
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-appeal-of-canada-clarifies-jurisdiction-of-federal-court-on-matters-of

US Federal Circuit Finds Patent Trial and Appeal Board Complied with Administrative Procedures Act and Affirms Obviousness Findings US Federal Circuit Finds Patent Trial and Appeal Board Complied with Administrative Procedures Act and Af...

Patent
August 12, 2020August 12, 20202020-08-12
On July 29, 2020, the US Federal Circuit (the Court) released its decision in FanDuel, Inc v Interactive Games LLC, No. 19-1393 (Fed. Cir. 2020), affirming the decision of the Patent Trial and Appeal Board (PTAB) finding that FanDuel, Inc (FanDuel) failed to prove that claim 6 of Interactive Games LLC (IG)’s patent for a system for remote gambling via mobile phones was obvious.
Deeth Williams Wall https://www.dww.com/articles/us-federal-circuit-finds-patent-trial-and-appeal-board-complied-administrative-procedures

Federal and Ontario Privacy Commissioners Release Privacy Review of Canadian Government’s COVID Alert Application and Support Use of the Application Federal and Ontario Privacy Commissioners Release Privacy Review of Canadian Government’s COVID Alert App...

Privacy
August 12, 2020August 12, 20202020-08-12
On July 31, 2020, the Office of the Privacy Commissioner of Canada and the Office of the Information and Privacy Commissioner of Ontario (collectively, the commissioners) issued a news release supporting use of the COVID-19 tracing application developed by the Canadian federal government, COVID Alert, after completing their review of the application and undergoing in-depth discussions with the federal and Ontario governments.
Deeth Williams Wall https://www.dww.com/articles/federal-and-ontario-privacy-commissioners-release-privacy-review-of-canadian-government%E2%80%99s

Federal Court of Canada Further Considers Certificate of Supplementary Protection Regime Federal Court of Canada Further Considers Certificate of Supplementary Protection Regime

Patent
August 12, 2020August 12, 20202020-08-12
On July 10, 2020, in ViiV Healthcare ULC v Canada (Health), 2020 FC 756, the Federal Court of Canada (the Court) found the decision of the Minister of Health (the Minister) denying a Certificate of Supplementary Protection (CSP) in respect of Canadian Patent No. 2,606,282 (the 282 Patent) and the drug JULUCA® unreasonable. The matter was remitted to the Minister for redetermination.
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-canada-further-considers-certificate-of-supplementary-protection-regime

Supreme Court of Canada Upholds Genetic Non-Discrimination Act Supreme Court of Canada Upholds Genetic Non-Discrimination Act

Privacy
July 29, 2020July 29, 20202020-07-29
On July 10, 2020, the Supreme Court of Canada (SCC), in Reference re Genetic Non-Discrimination Act (2020 SCC 17), upheld the Genetic Non-Discrimination Act (the Genetic NDA) as constitutional, acknowledging an individual’s right to privacy over genetic information.
Deeth Williams Wall https://www.dww.com/articles/supreme-court-of-canada-upholds-genetic-nondiscrimination-act

CJEU Invalidates the EU-US Privacy Shield for the Transfer of Personal Data under the GDPR CJEU Invalidates the EU-US Privacy Shield for the Transfer of Personal Data under the GDPR

Privacy
July 29, 2020July 29, 20202020-07-29
On July 16, 2020, the Court of Justice of the European Union (CJEU) released its decision in Data Protection Commissioner v Facebook Ireland Limited and Maximillian Schrems (C-311/18), declaring the EU-US Privacy Shield to be invalid on the basis that it does not provide adequate protection for transferring personal data from the European Union (EU) to third parties in the United States (US).
Deeth Williams Wall https://www.dww.com/articles/cjeu-invalidates-euus-privacy-shield-for-transfer-of-personal-data-under-gdpr

Ontario Government Announces Intellectual Property Action Plan Ontario Government Announces Intellectual Property Action Plan

Intellectual Property
July 29, 2020July 29, 20202020-07-29
On July 17, 2020, the government of Ontario (the government) announced the province’s first Intellectual Property Action Plan (the Action Plan). The Action Plan is intended to drive Ontario’s competitiveness by prioritizing intellectual property (IP) generation, protection and commercialization, especially as Ontario recovers from the economic downturn caused by the COVID-19 pandemic. The unveiling of the Action Plan coincides with the government’s announcement of a second round of research projects supported through the Ontario COVID-19 Rapid Research Fund.
Deeth Williams Wall https://www.dww.com/articles/ontario-government-announces-intellectual-property-action-plan

Office of the Privacy Commissioner Publishes Open Letter on Global Privacy Expectations of Video Teleconference Providers Office of the Privacy Commissioner Publishes Open Letter on Global Privacy Expectations of Video Teleconf...

Privacy
July 29, 2020July 29, 20202020-07-29
On July 21, 2020, the Office of the Privacy Commissioner of Canada published a news release and an open letter to video teleconferencing companies (VTC companies) outlining the obligation to comply with data protection and privacy laws and responsibly handle the personal information of its users.
Deeth Williams Wall https://www.dww.com/articles/office-of-privacy-commissioner-publishes-open-letter-on-global-privacy-expectations-of
Patent
July 29, 2020July 29, 20202020-07-29
On July 3, 2020, the Canadian Intellectual Property Office released a Practice Notice clarifying Patent Office practices with respect to requests to record a transfer under s. 49 of the Patent Act and s. 126 of the Patent Rules, requests to record a change of name under s. 125 of the Patent Rules, and requests to register documents under s. 124 of the Patent Rules.
Deeth Williams Wall https://www.dww.com/articles/canadian-intellectual-property-office-releases-practice-notice-detailing-requirements-for

Federal Court of Canada Holds Parts of the Recent Amendments to the Patented Medicines Regulations Ultra Vires the Patent Act Federal Court of Canada Holds Parts of the Recent Amendments to the Patented Medicines Regulations Ultra ...

Patent
July 14, 2020July 14, 20202020-07-15
On June 29, 2020, the Federal Court of Canada (the Court) issued its decision in Innovative Medicines Canada v Canada (Attorney General), 2020 FC 725, challenging the validity of certain provisions of the Regulations Amending the Patented Medicines Regulations (Additional Factors and Information Reporting Requirements) SOR/2019-298 (the Amendments) set to come into force on January 1, 2021.
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-canada-holds-parts-of-recent-amendments-to-patented-medicines-regulations

Privacy Commissioner of Canada Announces Clearview AI Will Cease Offering Facial Recognition Technology in Canada Privacy Commissioner of Canada Announces Clearview AI Will Cease Offering Facial Recognition Technology i...

Privacy
July 14, 2020July 14, 20202020-07-15
On July 6, 2020, the Office of the Privacy Commissioner of Canada (OPC) announced that US-based company, Clearview AI, has advised the OPC that it will cease offering facial recognition services in Canada. This includes the indefinite suspension of Clearview AI’s contract with the Royal Canadian Mounted Police (RCMP), its last Canadian client.
Deeth Williams Wall https://www.dww.com/articles/privacy-commissioner-of-canada-announces-clearview-ai-will-cease-offering-facial

US Supreme Court Rules That “generic.com” Trademarks Are Protectable US Supreme Court Rules That “generic.com” Trademarks Are Protectable

Trademark and Copyright Litigation
July 14, 2020July 14, 20202020-07-15
On June 30, 2020, the US Supreme Court (the Court) released its decision in United States Patent and Trademark Office et al v Booking.com BV, 591 U. S. __ (2020), holding that the combination of the generic word “Booking” and the domain “.com” was a protectable trademark.
Deeth Williams Wall https://www.dww.com/articles/us-supreme-court-rules-%E2%80%9Cgenericcom%E2%80%9D-trademarks-are-protectable

Privacy Commissioners in Canada Launch Joint Investigation into Tim Hortons Mobile App Privacy Commissioners in Canada Launch Joint Investigation into Tim Hortons Mobile App

Privacy
July 14, 2020July 14, 20202020-07-15
On June 29, 2020 the Office of the Privacy Commissioner of Canada (OPC) announced that it and the provincial privacy commissioners of Alberta, British Columbia and Québec will commence a joint investigation into a Tim Hortons mobile ordering application after reports were brought to light by the media concerning its improper collection and use of personal information, particularly users’ geolocation data as they go about their daily activities.
Deeth Williams Wall https://www.dww.com/articles/privacy-commissioners-canada-launch-joint-investigation-into-tim-hortons-mobile-app

Canadian Intellectual Property Office Launches Pilot Program for Accelerated Examination of COVID-19-Related Patent Applications Canadian Intellectual Property Office Launches Pilot Program for Accelerated Examination of COVID-19-Rela...

Patent
July 14, 2020July 14, 20202020-07-15
On July 8, 2020, the Canadian Intellectual Property Office (CIPO) announced that they are launching a pilot program allowing small entities (universities, or businesses employing 50 or fewer employees) to request accelerated examination at no additional cost of patent applications for medical products and processes supporting the COVID-19 health response.
Deeth Williams Wall https://www.dww.com/articles/canadian-intellectual-property-office-launches-pilot-program-for-accelerated-examination

Ontario and BC Information and Privacy Commissioners Find LifeLabs Failed to Implement Reasonable Safeguards in 2019 Privacy Breach Ontario and BC Information and Privacy Commissioners Find LifeLabs Failed to Implement Reasonable Safegua...

Privacy
July 14, 2020July 14, 20202020-07-15
On June 25, 2020, the Office of the Information and Privacy Commissioner of Ontario (Ontario IPC) and the Office of the Information and Privacy Commissioner for British Columbia (BC OIPC) announced that their joint investigation into LifeLabs’ 2019 privacy breach found that LifeLabs failed to protect Canadians’ personal health information.
Deeth Williams Wall https://www.dww.com/articles/ontario-and-bc-information-and-privacy-commissioners-find-lifelabs-failed-to-implement

Supreme Court of Canada Dismisses Uber Appeal on Grounds that Arbitration Clause “Unconscionable and Therefore Invalid” Supreme Court of Canada Dismisses Uber Appeal on Grounds that Arbitration Clause “Unconscionable and Ther...

Litigation
July 2, 2020July 2, 20202020-07-02
On June 26, 2020, the Supreme Court of Canada (the SCC) issued its decision in Uber Technologies Inc v Heller, 2020 SCC 16 and dismissed the appeal brought by Uber Technologies Inc. (Uber) on the grounds that the arbitration clause in the arbitration agreement between Uber and its drivers is “unconscionable and therefore invalid”.
Deeth Williams Wall https://www.dww.com/articles/supreme-court-of-canada-dismisses-uber-appeal-on-grounds-arbitration-clause-

Ontario Developing Mobile Application “COVID Alert” to Notify Canadians with Possible COVID-19 Exposure Ontario Developing Mobile Application “COVID Alert” to Notify Canadians with Possible COVID-19 Exposure

Mobile
July 2, 2020July 2, 20202020-07-02
On June 18, 2020, Prime Minister Justin Trudeau and Ontario Premier Doug Ford announced the rollout of a new, made-in-Ontario app called COVID Alert made to alert Canadians when they may have been exposed to COVID-19. 
Deeth Williams Wall https://www.dww.com/articles/ontario-developing-mobile-application-%E2%80%9Ccovid-alert%E2%80%9D-to-notify-canadians-possible-covid19

Quebec Introduces Bill to Modernize Province’s Legislative Provisions Protecting Personal Information in Private and Public Sectors Quebec Introduces Bill to Modernize Province’s Legislative Provisions Protecting Personal Information in ...

Privacy
July 2, 2020July 2, 20202020-07-02
On June 12, 2020, the Quebec government introduced Bill 64, An Act to modernize legislative provisions as regards the protection of personal information (the Bill). The Bill proposes to modernize the current framework and obligations that private and public sector entities face in the context of protecting personal information. The Bill proposes a number of amendments to the Province’s Act respecting the protection of personal information in the private sector (the Private Sector Act). Such amendments include:
Deeth Williams Wall https://www.dww.com/articles/quebec-introduces-bill-to-modernize-province%E2%80%99s-legislative-provisions-protecting-personal

OPC Publishes Survey of Canadian Businesses on Privacy-related Issues OPC Publishes Survey of Canadian Businesses on Privacy-related Issues

Privacy
July 2, 2020July 2, 20202020-07-02
On June 9, 2020, the Office of the Privacy Commissioner of Canada (OPC) announced the results of its 2019-20 survey of Canadian businesses on privacy-related issues. The OPC commissioned the survey to understand the type of privacy policies and practices that businesses have in place, the businesses’ compliance with the law, and their awareness and approaches to privacy protection. The telephone survey was conducted in late 2019 with 1,003 business representatives across Canada.
Deeth Williams Wall https://www.dww.com/articles/opc-publishes-survey-of-canadian-businesses-on-privacyrelated-issues

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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