Federal Court Clarifies Right of Action under Subsection 6(1) of PM(NOC) Regulations Federal Court Clarifies Right of Action under Subsection 6(1) of PM(NOC) Regulations

Pharmaceutical Patent Litigation
June 12, 2019June 12, 20192019-06-12
On May 7, 2019, the Federal Court (the "Court") issued the decision Teva Canada Innovation v Pharmascience Inc., 2019 FC 595 in which it clarified the scope of actions that can be brought under subsection 6(1) of the Patented Medicines (Notice of Compliance) Regulations (the "Regulations").  Subsection 6(1) allows patentees to bring an action for a declaration that the future distribution of a drug would infringe their patent.  The decision addressed the issue of whether subsectio
Deeth Williams Wall https://www.dww.com/articles/federal-court-clarifies-right-of-action-under-subsection-61-of-pmnoc-regulations

Poland Challenges European Copyright Directive Poland Challenges European Copyright Directive

Copyright
June 12, 2019June 12, 20192019-06-12
On May 24, 2019, Poland officially challenged the Copyright Directive (“Directive”), by filing a complaint with the Court of Justice of the European Union. Poland claims Article 15 of the Directive amounts to digital censorship.
Deeth Williams Wall https://www.dww.com/articles/poland-challenges-european-copyright-directive

Proposed Regulations Amending the Food and Drugs Act (Improving Access to Generics) Published Proposed Regulations Amending the Food and Drugs Act (Improving Access to Generics) Published

Food and Drug
June 12, 2019June 12, 20192019-06-12
On March 30, 2019, the new proposed Regulations Amending the Food and Drug Regulations (Improving Access to Generics) (the "Regulations") were published in Canada Gazette, Part I. The proposed Regulations seek to improve access to generic medicines in Canada by clarifying the eligibility criteria of the Abbreviated New Drug Submission (“ANDS”) pathway for approving certain generic drugs.
Deeth Williams Wall https://www.dww.com/articles/proposed-regulations-amending-food-and-drugs-act-improving-access-to-generics-published

Kawhi Leonard Files “Klaw” Suit Against Nike Kawhi Leonard Files “Klaw” Suit Against Nike

Trademark and Copyright Litigation
June 12, 2019June 12, 20192019-06-12
On June 3, 2019, Toronto Raptors forward Kawhi Leonard filed a lawsuit against Nike Inc. ("Nike") seeking a declaratory judgement that: (i) Leonard is the sole author of the "Klaw" logo; (ii) Leonard’s use of the "Klaw" logo does not infringe any rights of Nike; and (iii) Nike committed fraud in registering the "Klaw" logo with the US Copyright Office.
Deeth Williams Wall https://www.dww.com/articles/kawhi-leonard-files-%E2%80%9Cklaw%E2%80%9D-suit-against-nike

Federal Court Expunges Trademark Due to Lack of Distinctiveness Federal Court Expunges Trademark Due to Lack of Distinctiveness

Trademark and Copyright Litigation
June 12, 2019June 12, 20192019-06-12
On May 18, 2019, the Federal Court of Canada (FCC) ruled in favor of 8073902 Canada Inc. and Ice Cold Distributions Inc. (Ice Cold) and expunged the trademark for “DIAL-A-BOTTLE” in 8073902 Canada Inc. v Vardy (2019 FC 743).
Deeth Williams Wall https://www.dww.com/articles/federal-court-expunges-trademark-due-to-lack-of-distinctiveness

Bill C-100 Implementing CUSMA Tabled for First Reading but Surprisingly Silent on Extension of General Copyright Term Bill C-100 Implementing CUSMA Tabled for First Reading but Surprisingly Silent on Extension of General Co...

Copyright
June 12, 2019June 12, 20192019-06-12
On May 29, 2019, the Canadian government tabled Bill C-100 (the "Bill"), entitled "An Act to implement the Agreement between Canada, the United States of America and the United Mexican States", for its first reading in the House of Commons. 
Deeth Williams Wall https://www.dww.com/articles/bill-c100-implementing-cusma-tabled-for-first-reading-but-surprisingly-silent-on-extension

Federal Government Announces New Digital Charter Federal Government Announces New Digital Charter

Privacy
May 29, 2019May 29, 20192019-05-29
On May 21, 2019, Innovation Minister Navdeep Bains announced a new digital charter (Digital Charter) which, through its 10 principles, the federal government promises to “build a foundation of trust for Canadians in the digital sphere.” Also announced was an initial set of actions which serve to implement the Charter's principles including proposals to modernize the Personal Information Protection and Electronic Documents Act (PIPEDA).
Deeth Williams Wall https://www.dww.com/articles/federal-government-announces-new-digital-charter

Further Amendments to the Trademark Regulations Published in Canada Gazette Further Amendments to the Trademark Regulations Published in Canada Gazette

Trademark
May 29, 2019May 29, 20192019-05-29
On May 15, 2019, the Government of Canada published Regulations Amending the Trademarks Regulations (Trademark Regulations) in the Canada Gazette, Part II.  The amendments remove complex provisions previously added to eliminate potential misuse of the divisional application process that could have allowed applicants to circumvent opposition.
Deeth Williams Wall https://www.dww.com/articles/further-amendments-to-trademark-regulations-published-canada-gazette

Ireland Launches Investigation into Google’s Online Advertising Practices Ireland Launches Investigation into Google’s Online Advertising Practices

Privacy
May 29, 2019May 29, 20192019-05-29
On May 22, 2019, Ireland’s Data Protection Commission announced an investigation into Google Ireland Limited’s ("Google") collection and processing of personal data in the context of its online Ad Exchange.
Deeth Williams Wall https://www.dww.com/articles/ireland-launches-investigation-into-google%E2%80%99s-online-advertising-practices

Is Change in the Air for Patentable Subject Matter? Is Change in the Air for Patentable Subject Matter?

Patent
May 29, 2019May 29, 20192019-05-29
Those dismayed by recent trends in denying patent applications or invalidating issued patents on the basis of judicially created exemptions to the definition of patentable subject matter in Section 101 of the US Patent Act have some cause for home.
Deeth Williams Wall https://www.dww.com/articles/change-air-for-patentable-subject-matter

US Court Finds Qualcomm Engaged in Anticompetitive Behaviour in the Modem Chip Market US Court Finds Qualcomm Engaged in Anticompetitive Behaviour in the Modem Chip Market

Information Technology
May 29, 2019May 29, 20192019-05-29
On May 21, 2019, the United States District Court for the Northern District of California (Court) issued a decision in Federal Trade Commission v Qualcomm Inc., concluding that the defendant Qualcomm Inc. (Qualcomm) engaged in anticompetitive behavior in breach of the Sherman Antitrust Act.
Deeth Williams Wall https://www.dww.com/articles/us-court-finds-qualcomm-engaged-anticompetitive-behaviour-modem-chip-market

Federal Court of Canada Issues Rare Interim Injunction on Patent Infringement Case Federal Court of Canada Issues Rare Interim Injunction on Patent Infringement Case

Patent Litigation
May 29, 2019May 29, 20192019-05-29
On May 7, 2019, the Federal Court of Canada (Court) released the decision Arysta Lifescience North America, LLC et al v Agracity Crop et al, 2019 FC 530, granting a rare interim injunction enjoining AgraCity Crop & Nutrition Ltd. (AgraCity) from selling or distributing a disputed herbicide. 
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-canada-issues-rare-interim-injunction-on-patent-infringement-case

Federal Court Of Appeal Stays Determination of Trademark Registration Until Resolution of Contractual Dispute Federal Court Of Appeal Stays Determination of Trademark Registration Until Resolution of Contractual Dis...

Trademark and Copyright Litigation
May 29, 2019May 29, 20192019-05-29
On May 16, 2019, the Federal Court of Appeal (FCA), in Hutchingame Growth Capital Corporation v Dayton Boot Co Enterprise Ltd (2019 FCA 152), ruled in favor of Hutchingame Growth Capital Corporation (Hutchingame), setting aside a previous Federal Court of Canada (FCC) decision (2018 FC 316) that returned the registered trademark “DAYTON” to Dayton Boot Co Enterprises Ltd.
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-appeal-stays-determination-of-trademark-registration-until-resolution-of

Federal Court Takes Another Look at Protective Orders Federal Court Takes Another Look at Protective Orders

Patent Litigation
May 15, 2019May 15, 20192019-05-15
For years, the Federal Court of Canada (Court) has routinely granted protective orders providing for the handling and protection of documents and information disclosed between the parties during discovery. Recently, the Court has declined to grant such orders, both when sought on consent and when opposed, preferring for parties to rely on common law implied undertakings and contractual arrangements. 
Deeth Williams Wall https://www.dww.com/articles/federal-court-takes-another-look-at-protective-orders

UK Government Proposes Internet of Things Cyber-Security Law UK Government Proposes Internet of Things Cyber-Security Law

Information Technology
May 15, 2019May 15, 20192019-05-15
On May 1, 2019, the United Kingdom (UK) government announced plans to introduce a new Internet of Things (IoT) cyber-security law. The legislation, which is now open for consultation, could affect IoT device manufacturers, IoT service-providers, mobile app developers and retailers.
Deeth Williams Wall https://www.dww.com/articles/uk-government-proposes-internet-of-things-cybersecurity-law

Canada Border Services Seizes Lawyer's Phone and Laptop After Refusing to Provide Passwords Canada Border Services Seizes Lawyer's Phone and Laptop After Refusing to Provide Passwords

Privacy
May 15, 2019May 15, 20192019-05-15
On April 10, 2019, Toronto business lawyer Nick Wright landed at Pearson Airport after a four-month trip abroad. The Canadian Border Services Agency (CBSA) searched his bags and then proceeded to search his phone and laptop.  The devices were password protected so the CBSA officer demanded that Wright supply his passwords.  Wright refused on the grounds that the devices contained confidential information about his clients protected by solicitor-client privilege. As a result of Wright’s refusal, the officer seized Wright’s phone and laptop, without a warrant or further rationale. 
Deeth Williams Wall https://www.dww.com/articles/canada-border-services-seizes-lawyers-phone-and-laptop-after-refusing-to-provide-passwords

Federal Court Awards $20 Million in an Obituary Piracy Class Action Lawsuit Federal Court Awards $20 Million in an Obituary Piracy Class Action Lawsuit

Copyright
May 15, 2019May 15, 20192019-05-15
On May 1, 2019, the Federal Court (Court) released its decision in Thomson v Afterlife Network Inc, 2019 FC 545, a class proceeding for copyright and moral rights infringement under sections 27 and 28.1 of the Copyright Act.
Deeth Williams Wall https://www.dww.com/articles/federal-court-awards-20-million-an-obituary-piracy-class-action-lawsuit

Re:Sound and SOCAN Collaborate to Simplify Music Licensing Re:Sound and SOCAN Collaborate to Simplify Music Licensing

Copyright
May 15, 2019May 15, 20192019-05-15
On May 8, 2019, Re:Sound and SOCAN announced that they are collaborating to form a new joint venture called Entandem. The joint venture aims to simplify performance rights music licensing by creating a single portal for businesses to pay for the licenses they need to publically play music.
Deeth Williams Wall https://www.dww.com/articles/resound-and-socan-collaborate-to-simplify-music-licensing

Federal Court of Appeal Upholds Decision Finding Fracturing Patent Invalid Federal Court of Appeal Upholds Decision Finding Fracturing Patent Invalid

Patent
May 15, 2019May 15, 20192019-05-15
On April 24, 2019, in Packers Plus Energy Services Inc v Essential Energy Services Ltd, 2019 FCA 96, the Federal Court of Appeal (FCA) dismissed the appeal of Packers Plus Energy Services Inc (Packers) from a Federal Court (FC) decision (2017 FC 111) finding Packers’ Canadian Patent No 2,412,0
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-appeal-upholds-decision-finding-fracturing-patent-invalid

CRTC Imposes $100,000 Penalty on nCrowd’s CEO for CASL Violations CRTC Imposes $100,000 Penalty on nCrowd’s CEO for CASL Violations

Telecommunications
May 1, 2019May 1, 20192019-05-01
On April 23, 2019, the Canadian Radio-television and Telecommunications Commission (CRTC) imposed a $100,000 penalty on Mr Brian Conley for violations of Canada’s anti-spam legislation (CASL).  This penalty marks the first time that an individual has been held vicariously liable under CASL for violations committed by a corporation.
Deeth Williams Wall https://www.dww.com/articles/crtc-imposes-100000-penalty-on-ncrowd%E2%80%99s-ceo-for-casl-violations

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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