The U.S. Department Of The Treasury’s Office Of Foreign Assets Control Releases Updated Advisory on Sanctions Regarding Ransomware Payments The U.S. Department Of The Treasury’s Office Of Foreign Assets Control Releases Updated Advisory on Sanct...

Cybersecurity
October 13, 2021October 13, 20212021-10-13
Ransomware attacks are on the rise, with the Federal Bureau of Investigation reporting a nearly 21% increase in reported ransomware cases and a 225% growth in associated losses from 2019-2020. On September 21, 2021, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) issued an updated advisory to highlight the sanctions risks associated with ransomware payments to malicious cyber actors and proactive steps that companies can take to mitigate those risks.
Deeth Williams Wall https://www.dww.com/articles/us-department-of-treasury%E2%80%99s-office-of-foreign-assets-control-releases-updated-advisory-on

Federal Court of Appeal Upholds Finding of Copyright Infringement Against Trend Hunter Inc. Federal Court of Appeal Upholds Finding of Copyright Infringement Against Trend Hunter Inc.

Trademark and Copyright Litigation
October 13, 2021October 13, 20212021-10-13
On September 15, 2021, the Federal Court of Appeal of Canada (FCA) issued its decision in Stross v Trend Hunter Inc., 2021 FC 955, upholding the decision of the Federal Court (FC) finding that Trend Hunter Inc. (Trend Hunter) was liable for copyright infringement as its use of photographs did not fall under the “news reporting” exception and was not “fair dealing”.
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-appeal-upholds-finding-of-copyright-infringement-against-trend-hunter-inc

UK Court of Appeal Rules AI Cannot Be Patent Inventor UK Court of Appeal Rules AI Cannot Be Patent Inventor

Patents
October 13, 2021October 13, 20212021-10-13
On September 21, 2021, the England and Wales Court of Appeal (the Court) released its decision in Thaler v Comptroller General of Patents Trade Marks And Designs, [2021] EWCA Civ 1374, with a 2-1 majority holding that an artificial intelligence (AI) machine cannot qualify as an inventor under UK patent law.
Deeth Williams Wall https://www.dww.com/articles/uk-court-of-appeal-rules-ai-cannot-be-patent-inventor

Federal Court of Canada Grants Caterpillar’s Appeal, Refuses Puma’s Trademark Application for procat Federal Court of Canada Grants Caterpillar’s Appeal, Refuses Puma’s Trademark Application for procat

Trademark and Copyright Litigation
October 13, 2021October 13, 20212021-10-13
On September 22, 2021, the Federal Court of Canada (FC) issued its decision in Caterpillar Inc. v Puma SE, 2021 FC 974, granting an appeal from a decision of the Trademarks Opposition Board (TMOB), in which the TMOB rejected Caterpillar’s opposition to Puma’s application for the trademark procat.
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-canada-grants-caterpillar%E2%80%99s-appeal-refuses-puma%E2%80%99s-trademark-application

Client Advisory: Bill 64 and Upcoming Changes in Privacy Legislation (Part 1 of 2) Client Advisory: Bill 64 and Upcoming Changes in Privacy Legislation (Part 1 of 2)

Privacy
October 13, 2021October 13, 20212021-10-13
Introduction Privacy in Canada is rapidly evolving. Deeth Williams Wall wants to keep you apprised of the latest changes so you may prepare your organization’s compliance activities before legislation comes into effect. This Advisory summarizes actionable elements of the recently passed Québec privacy legislation with commentary on the expected federal privacy legislation.
Deeth Williams Wall https://www.dww.com/articles/client-advisory-bill-64-and-upcoming-changes-privacy-legislation-part-1-of-2

Bill 64 Receives Royal Assent and Signals Major Reform For Quebec’s Privacy Landscape Bill 64 Receives Royal Assent and Signals Major Reform For Quebec’s Privacy Landscape

Privacy
September 28, 2021September 28, 20212021-09-29
On September 22, 2021, Quebec’s major privacy reform bill, An Act to modernize legislative provisions as regards the protection of personal information (Bill 64), received royal assent after being adopted by the Quebec National Assembly the day before.
Deeth Williams Wall https://www.dww.com/articles/bill-64-receives-royal-assent-and-signals-major-reform-for-quebec%E2%80%99s-privacy-landscape

Louis Armstrong and Jim Morrison in Concert in Canada Louis Armstrong and Jim Morrison in Concert in Canada

Copyright
September 28, 2021September 28, 20212021-09-29
Louis (Satchmo) Armstrong was an iconic jazz musician. Jim Morrison, was an iconic rock musician. They share an interesting tie relating to Canada, even though history does not record them ever having had a joint musical appearance.
Deeth Williams Wall https://www.dww.com/articles/louis-armstrong-and-jim-morrison-concert-canada

Federal Court of Appeal Revives the Certification of a Reverse Class Action in File-Sharing Copyright Infringement Case Federal Court of Appeal Revives the Certification of a Reverse Class Action in File-Sharing Copyright Inf...

Trademark and Copyright Litigation
September 28, 2021September 28, 20212021-09-30
On September 8, 2021, Canada’s Federal Court of Appeal (FCA) in Salna v. Voltage Pictures, LLC, 2021 FCA 176, unanimously reversed the Federal Court’s (FC) decision dismissing Voltage Pictures, LLC’s (Voltage) motion for certification of a reverse class action proceeding alleging file-sharing copyright infringement. The FCA acknowledged the novelty of the proposed reverse class action and noted that "the law must adapt to the evolving digital environment, the channels through which artistic endeavour is expressed and the means by which copyright may be infringed".
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-appeal-revives-certification-of-a-reverse-class-action-filesharing

Alberta Court Recognizes the “Public Disclosure of Private Facts” Privacy Tort Alberta Court Recognizes the “Public Disclosure of Private Facts” Privacy Tort

Privacy
September 28, 2021September 28, 20212021-09-29
On September 16, 2021, the Court of Queen’s Bench of Alberta (the Court) issued its decision in ES v Shillington, 2021 ABQB 739 (Shillington), recognizing, in Alberta, the tort of Public Disclosure of Private Facts.
Deeth Williams Wall https://www.dww.com/articles/alberta-court-recognizes-%E2%80%9Cpublic-disclosure-of-private-facts%E2%80%9D-privacy-tort

Irish Data Protection Commission Fines WhatsApp €225 Million For Breaching Data Protection Regulations Irish Data Protection Commission Fines WhatsApp €225 Million For Breaching Data Protection Regulations

Privacy
September 28, 2021September 28, 20212021-09-29
On September 2, 2021, the Irish Data Protection Commission (DPC) announced that it adopted an infringement decision against WhatsApp Ireland Ltd. (WhatsApp), issuing a €225 million fine against WhatsApp for breach of the European Union’s General Data Protection Regulation (EU GDPR). The DPC found that WhatsApp breached its transparency obligations and provided insufficient detail about their data sharing and processing operations, infringing articles 5(1)(a), 12, 13 and 14 of the EU GDPR.
Deeth Williams Wall https://www.dww.com/articles/irish-data-protection-commission-fines-whatsapp-%E2%82%AC225-million-for-breaching-data-protection

Federal Court Of Canada Grants Expungement of NORSTEEL Trademark Federal Court Of Canada Grants Expungement of NORSTEEL Trademark

Trademark and Copyright Litigation
September 15, 2021September 15, 20212021-09-15
On September 8, 2021, the Federal Court of Canada (the Court) issued its decision in Norsteel Building Systems Ltd. v Toti Holdings Inc., 2021 FC 927, in which it granted an application by Norsteel Building Systems Ltd. (NBS) to expunge the trademark NORSTEEL from the register.
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-canada-grants-expungement-of-norsteel-trademark

The Office Of The Information And Privacy Commissioner Of Ontario Responds To The Province’s Proposal For Private Sector Privacy Law Reform The Office Of The Information And Privacy Commissioner Of Ontario Responds To The Province’s Proposal For...

Privacy
September 15, 2021September 15, 20212021-09-15
On September 7, 2021, the Office of the Information and Privacy Commissioner of Ontario (IPC) issued its response to the Ontario government’s white paper on proposals for a provincial private sector privacy law, as previously reported by the E-TIPS® Newsletter here.
Deeth Williams Wall https://www.dww.com/articles/office-of-information-and-privacy-commissioner-of-ontario-responds-to-province%E2%80%99s-proposal

US Federal Court Rules AI Cannot Be An “Inventor” Under US Patent Law US Federal Court Rules AI Cannot Be An “Inventor” Under US Patent Law

Patents
September 15, 2021September 15, 20212021-09-15
On September 2, 2021, the United States District Court for the Eastern District of Virginia (the Court) in Thaler v Hirshfeld, No. 1:20-cv-903 held that an artificial intelligence (AI) machine cannot be an “inventor” under current US patent law.
Deeth Williams Wall https://www.dww.com/articles/us-federal-court-rules-ai-cannot-be-an-%E2%80%9Cinventor%E2%80%9D-under-us-patent-law

Federal Court Of Canada Denies Anti-Suit Injunction In Patent Litigation Case Federal Court Of Canada Denies Anti-Suit Injunction In Patent Litigation Case

Patent Litigation
September 15, 2021September 15, 20212021-09-15
On July 21, 2021, the Federal Court of Canada (the Court) issued its decision in Seismotech Safety Systems Inc. v Forootan, 2021 FC 773, refusing to grant Seismotech Safety Systems Inc. (Seismotech) an ex parte anti-suit injunction to prevent Mr. Iradj Forootan from starting or continuing litigation in respect of six Canadian patents in any other court. The Court noted that an anti-suit injunction is an extraordinary and discretionary remedy that should only be granted rarely, given its impact on judicial comity.
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-canada-denies-antisuit-injunction-patent-litigation-case

Federal Court Of Canada Grants Default Judgment For Copyright Infringement In Relation To The Toronto Regional Real Estate Board Multiple Listing Service Federal Court Of Canada Grants Default Judgment For Copyright Infringement In Relation To The Toronto Reg...

Trademark and Copyright Litigation
September 15, 2021September 15, 20212021-09-15
On July 12, 2021, the Federal Court of Canada (the Court) in Toronto Regional Real Estate Board v R E Stats Inc. (Redatum), 2021 FC 735, granted the Toronto Regional Real Estate Board’s (TRREB) motion for default judgment for copyright infringement relating to the TRREB Multiple Listing Service and related online systems (TRREB MLS® System), awarding $50,000 in damages.
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-canada-grants-default-judgment-for-copyright-infringement-relation-to

Federal Court of Canada Awards Over $29M in Statutory Damages for Copyright Infringement and Finds Defendants Induced Infringement Federal Court of Canada Awards Over $29M in Statutory Damages for Copyright Infringement and Finds Defend...

Trademark and Copyright Litigation
September 1, 2021September 1, 20212021-09-01
On August 10, 2021, the Federal Court of Canada (the Court) issued its decision in Bell Canada v L3D Distributing Inc., 2021 FC 832, in which it granted the plaintiffs’ motion for default judgement, awarding over $29 million in statutory damages for copyright infringement relating to pre-loaded set-top boxes and internet protocol television (IPTV) services, and finding the defendants knowingly induced infringement. This decision appears to be the first time the Court has applied the common law inducement test in the context of copyright infringement.
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-canada-awards-over-29m-statutory-damages-for-copyright-infringement-and

OSFI Updates Technology and Cyber Security Incident Reporting Advisory OSFI Updates Technology and Cyber Security Incident Reporting Advisory

Cybersecurity
September 1, 2021September 1, 20212021-09-01
On August 13, 2021, the Office of the Superintendent of Financial Institutions (OSFI) issued an updated Technology and Cyber Security Incident Reporting Advisory (Advisory) governing the requirements for federally regulated financial institutions (FRFIs) in Canada to report technology and cyber security incidents to OFSI. OSFI is an independent federal government agency that regulates and supervises FRFIs, including all banks, insurance companies and federally incorporated or registered trust and loan companies.
Deeth Williams Wall https://www.dww.com/articles/osfi-updates-technology-and-cyber-security-incident-reporting-advisory

Overbreadth Confirmed as a Valid Ground of Patent Invalidity Overbreadth Confirmed as a Valid Ground of Patent Invalidity

Patent Litigation
September 1, 2021September 1, 20212021-09-01
On July 28, 2021, the Federal Court of Appeal of Canada (the Court) issued a decision in the case of Seedlings Life Science Ventures, LLC v. Pfizer Canada ULC, 2021 FCA 154. In this appeal, Seedlings Life Science Ventures, LLC (Seedlings) challenged the Federal Court’s finding that the claims at issue of Seedling’s patent were invalid for overbreadth.
Deeth Williams Wall https://www.dww.com/articles/overbreadth-confirmed-as-a-valid-ground-of-patent-invalidity

Federal Court of Appeal Dismisses Bauer’s Appeal in Patent Infringement Case, Clarifies Scope of Section 53.1 Federal Court of Appeal Dismisses Bauer’s Appeal in Patent Infringement Case, Clarifies Scope of Section ...

Patent Litigation
September 1, 2021September 1, 20212021-09-01
On August 12, 2021, Canada’s Federal Court of Appeal (FCA) in Bauer Hockey Ltd. v Sport Maska Inc. (CCM Hockey), 2021 FCA 166, upheld the Federal Court’s (FC) finding that the claims in issue regarding Bauer Hockey Ltd.’s (Bauer) patent were invalid for obviousness, as previously reported by the E-TIPS® Newsletter here.
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-appeal-dismisses-bauer%E2%80%99s-appeal-patent-infringement-case-clarifies-scope

Examination Delays in Canadian Trademark Applications: The Snail Pauses Examination Delays in Canadian Trademark Applications: The Snail Pauses

Trademarks
August 17, 2021August 17, 20212021-08-17
Significant delays in examination of Canadian trademark applications continue, both for reasons related and unrelated to the pandemic. Backlogs in first examination of most applications are getting worse, with first examination ranging from 16-32 months from filing or more. It is like watching a snail pause to catch its breath.
Deeth Williams Wall https://www.dww.com/articles/examination-delays-canadian-trademark-applications-snail-pauses

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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