Ontario Introduces New Consumer Protection Act Ontario Introduces New Consumer Protection Act

Information Technology
November 29, 2023November 29, 20232023-11-29
On October 23, 2023, Ontario introduced Bill 142, Better for Consumers, Better for Businesses Act, 2023 (Bill 142), which would repeal the Consumer Protection Act, 2002 and enact the Consumer Protection Act 2023, (the “new CPA”) as well as amend the Consumer Reporting Act, 2002. Bill 142 is aimed at addressing changing consumer habits and business practices in an increasingly online world, and would, if passed, seek to strengthen consumer protections and make life easier for both consumers and businesses.
Deeth Williams Wall https://www.dww.com/articles/ontario-introduces-new-consumer-protection-act

Government of Canada Releases Proposed Amendments to Part 1 of Bill C-27 Government of Canada Releases Proposed Amendments to Part 1 of Bill C-27

Privacy
November 15, 2023November 15, 20232023-11-15
On October 20, 2023, the Government of Canada released the text of proposed amendments to Part 1 of Bill C-27, the Consumer Privacy Protection Act (CPPA).
Deeth Williams Wall https://www.dww.com/articles/government-of-canada-releases-proposed-amendments-to-part-1-of-bill-c27

The Office Of The Information And Privacy Commissioner Of Ontario Joins International Regulators In Support Of Resolutions For AI In The Workplace and Generative AI The Office Of The Information And Privacy Commissioner Of Ontario Joins International Regulators In Suppo...

Privacy
November 15, 2023November 15, 20232023-11-15
On October 31, 2023, The Office of the Information and Privacy Commissioner of Ontario (IPC) announced two resolutions: the (i) Resolution on Artificial Intelligence and Employment (AI Employment Resolution); and (ii) Resolution on Generative Artificial Intelligence Systems (Generative AI Resolution), which it co-sponsored with fellow data protection and privacy authorities at the 45th Global Privacy Assembly.
Deeth Williams Wall https://www.dww.com/articles/office-of-information-and-privacy-commissioner-of-ontario-joins-international-regulators

Federal Court Of Canada Refuses To Strike SOCAN’s Claim Relating To Unpaid Royalties For Lack Of Jurisdiction Federal Court Of Canada Refuses To Strike SOCAN’s Claim Relating To Unpaid Royalties For Lack Of Jurisdic...

Trademark and Copyright Litigation
November 15, 2023November 15, 20232023-11-15
On October 18, 2023, the Federal Court of Canada (the Court) issued its decision in Society of Composers, Authors and Music Publishers of Canada v Vidéotron Ltée, 2023 FC 1385, in which it concluded that it was not plain and obvious that the Court does not have jurisdiction over a dispute relating to royalties under the Copyright Act.
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-canada-refuses-to-strike-socan%E2%80%99s-claim-relating-to-unpaid-royalties-for

Federal Court Of Canada Dismisses Application For Judicial Review And Finds Transferring Ownership Of New Drug Submission Does Not Require Re-Service Of NOA Federal Court Of Canada Dismisses Application For Judicial Review And Finds Transferring Ownership Of New...

Pharmaceutical Patent Litigation
November 15, 2023November 15, 20232023-11-15
On October 3, 2023, the Federal Court of Canada (the Court) issued its decision in Bayer Inc. v BGP Pharma ULC (Viatris Canada), 2023 FC 1325, dismissing Bayer Inc. and Regeneron Pharmaceuticals, Inc.’s (collectively, the Applicants’) application for judicial review of a decision by the Minister of Health (the Minister), which found that a transfer of ownership allowed Biosimilar Collaborations Ireland Limited (BCIL) to become the successor on a New Drug Submission (NDS) and receive certain benefits under the Patented Medicines (Notice of Compliance) Regulations (the Regulations). This included benefiting from the prior service of a related Notice of Allegation (NOA) served by its predecessor, BGP Pharma ULC dba Viatris Canada (Viatris).
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-canada-dismisses-application-for-judicial-review-and-finds-transferring

Government Of Canada Launches Consultation On Copyright In The Age Of Generative Artificial Intelligence Government Of Canada Launches Consultation On Copyright In The Age Of Generative Artificial Intelligence

Copyright
November 1, 2023November 1, 20232023-11-01
On October 12, 2023, the Government of Canada launched a Consultation on Copyright in the Age of Generative Artificial Intelligence (the Consultation), inviting stakeholders to submit feedback on matters related to copyright and artificial intelligence (AI).
Deeth Williams Wall https://www.dww.com/articles/government-of-canada-launches-consultation-on-copyright-age-of-generative-artificial

Office Of The Privacy Commissioner Of Canada Launches Public Consultation On New Draft Biometrics Guidance Documents Office Of The Privacy Commissioner Of Canada Launches Public Consultation On New Draft Biometrics Guidanc...

Privacy
November 1, 2023November 1, 20232023-11-01
On October 11, 2023, the Office of the Privacy Commissioner of Canada (OPC) launched a public consultation on draft guidance relating to the handling of biometric information for both public and private sector organizations.
Deeth Williams Wall https://www.dww.com/articles/office-of-privacy-commissioner-of-canada-launches-public-consultation-on-new-draft

Canadian Privacy Regulators Release Joint Resolutions Calling For Increased Privacy Protections For Employees And Young People Canadian Privacy Regulators Release Joint Resolutions Calling For Increased Privacy Protections For Emplo...

Privacy
November 1, 2023November 1, 20232023-11-01
On October 6, 2023, the Office of the Privacy Commissioner of Canada (OPC) announced the release of joint resolutions by Canada’s federal, provincial and territorial information and privacy authorities (collectively, the Regulators) calling for greater legal privacy protection for employees and young people. The announcement notes that each group is significantly vulnerable in its own way to the increasing influence of digital technologies.
Deeth Williams Wall https://www.dww.com/articles/canadian-privacy-regulators-release-joint-resolutions-calling-for-increased-privacy

Federal Court Of Appeal Of Canada Dismisses Appeal Relating To Copyright Infringement Action Against Internet Account Holders Federal Court Of Appeal Of Canada Dismisses Appeal Relating To Copyright Infringement Action Against Inte...

Trademark and Copyright Litigation
November 1, 2023November 1, 20232023-11-01
On September 27, 2023, the Federal Court of Appeal (the Court) in Voltage Holdings, LLC v Doe #1, 2023 FCA 194, dismissed an appeal that sought to hold internet account holders whose IP addresses had been linked to copyright infringement activities liable for copyright infringement. The Court found that linking an IP address involved in infringing activities to the identity of an internet account holder was insufficient to prove that the account holder was the person responsible for the infringing activity associated with their account.
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-appeal-of-canada-dismisses-appeal-relating-to-copyright-infringement

Changes To Trademark Opposition And Summary Cancellation Proceedings Coming On December 1 Changes To Trademark Opposition And Summary Cancellation Proceedings Coming On December 1

Trademarks
October 18, 2023October 18, 20232023-10-18
Changes are coming on December 1, 2023, to contentious trademark proceedings before the Canadian Intellectual Property Office (CIPO). The changes will shorten timelines for oppositions and summary cancellation (s. 45) proceedings.
Deeth Williams Wall https://www.dww.com/articles/changes-to-trademark-opposition-and-summary-cancellation-proceedings-coming-on-december-1

Innovation, Science And Industry Minister Champagne Summarizes Proposed Changes To Bill C-27 Innovation, Science And Industry Minister Champagne Summarizes Proposed Changes To Bill C-27

Privacy
October 18, 2023October 18, 20232023-10-18
On October 3, 2023, the Minister of Innovation, Science, and Industry (the Minister) sent a letter to the Chair of the Standing Committee on Industry and Technology that summarizes the areas in which the Government of Canada will propose amendments to Bill C-27, the Digital Charter Implementation Act. In the letter, the Minister highlights key proposed changes to the Consumer Privacy Protection Act (CPPA) and the Artificial Intelligence and Data Act (AIDA) that are based on feedback received from stakeholders.
Deeth Williams Wall https://www.dww.com/articles/innovation-science-and-industry-minister-champagne-summarizes-proposed-changes-to-bill-c27

Federal Court Of Appeal Finds Google Search Engine Subject To Canada’s Federal Privacy Law Federal Court Of Appeal Finds Google Search Engine Subject To Canada’s Federal Privacy Law

Privacy
October 18, 2023October 18, 20232023-10-18
On September 29, 2023, the Federal Court of Appeal (the FCA) issued its decision in Google LLC v Canada (Privacy Commissioner), 2023 FCA 200, dismissing Google LLC’s (Google's) appeal and finding that Google’s search engine is subject to the Personal Information Protection and Electronic Documents Act (PIPEDA), as it does not fall under PIPEDA’s journalistic purposes exemption.
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-appeal-finds-google-search-engine-subject-to-canada%E2%80%99s-federal-privacy-law

ISED Publishes Voluntary Code Of Conduct For Advanced Generative AI Systems ISED Publishes Voluntary Code Of Conduct For Advanced Generative AI Systems

Information Technology
October 18, 2023October 18, 20232023-10-18
On September 27, 2023, Innovation, Science and Economic Development Canada (ISED) published Canada's Voluntary Code of Conduct on the Responsible Development and Management of Advanced Generative AI Systems (the Code). The Code is the result of extensive stakeholder consultations (as previously reported by the E-TIPS® Newsletter here), and is intended to provide voluntary guidance for those developing or managing the operations of generative artificial intelligence (AI) systems before future AI-specific regulation comes into force.
Deeth Williams Wall https://www.dww.com/articles/ised-publishes-voluntary-code-of-conduct-for-advanced-generative-ai-systems

Office Of The Privacy Commissioner Of Canada Finds Canada Post Collected Personal Information For Marketing Program Without Authorization Office Of The Privacy Commissioner Of Canada Finds Canada Post Collected Personal Information For Marketi...

Privacy
October 4, 2023October 4, 20232023-10-04
On September 19, 2023, the Office of the Privacy Commissioner of Canada (OPC) released the results of its investigation into whether Canada Post’s collection of personal information located on the outside of delivered envelopes and parcels for use in its marketing program violated the Privacy Act (the Act). The OPC found that Canada Post did not obtain proper authorization for this practice and, therefore, violated the Act.
Deeth Williams Wall https://www.dww.com/articles/office-of-privacy-commissioner-of-canada-finds-canada-post-collected-personal-information

US Authors Guild Files Class Action Against OpenAI For Copyright Infringement US Authors Guild Files Class Action Against OpenAI For Copyright Infringement

Trademark and Copyright Litigation
October 4, 2023October 4, 20232023-10-04
On September 19, 2023, the Authors Guild (a professional writers’ organization) and several individual authors (collectively, the Plaintiffs) filed a class action complaint against several OpenAI entities (the Defendants) in Authors Guild v OpenAI LP, S.D.N.Y., No. 1:23-cv-08292, alleging copyright infringement under the US Copyright Act.
Deeth Williams Wall https://www.dww.com/articles/us-authors-guild-files-class-action-against-openai-for-copyright-infringement

Office Of The Privacy Commissioner Of Canada Tables 2022-2023 Annual Report Office Of The Privacy Commissioner Of Canada Tables 2022-2023 Annual Report

Privacy
October 4, 2023October 4, 20232023-10-04
On September 19, 2023, the Office of the Privacy Commissioner of Canada (OPC) tabled its 2022-2023 Annual Report to Parliament (the Annual Report) on the Privacy Act and the Personal Information Protection and Electronic Documents Act (PIPEDA). The Annual Report underlines the OPC’s efforts over the past year to protect and promote the fundamental privacy rights of Canadians in the digital era.
Deeth Williams Wall https://www.dww.com/articles/office-of-privacy-commissioner-of-canada-tables-20222023-annual-report

Federal Court Of Canada Dismisses Appeal Relating To Trademark Opposition Decision For FORNO MAGNIFICO & DESIGN Mark Federal Court Of Canada Dismisses Appeal Relating To Trademark Opposition Decision For FORNO MAGNIFICO & ...

Trademark and Copyright Litigation
October 4, 2023October 4, 20232023-10-04
On September 1, 2023, the Federal Court of Canada (the Court) in Industries Certico Inc. v Mastrandrea Commercial Bakeries Limited, 2023 FC 1193, dismissed an appeal brought under section 56 of the Trademarks Act (the Act). The appeal contested the Trademarks Opposition Board’s (TMOB’s) finding that the FORNO MAGNIFICO & DESIGN mark (the Mark) was unregistrable based on a likelihood of confusion with the registered FORNO & DESIGN mark and previously used FORNO CULTURA SQUARE & DESIGN mark.
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-canada-dismisses-appeal-relating-to-trademark-opposition-decision-for

Client Advisory: Changes To The Competition Act – No-Poaching And Wage-Fixing Prohibitions Client Advisory: Changes To The Competition Act – No-Poaching And Wage-Fixing Prohibitions

Information Technology
September 20, 2023September 20, 20232023-09-22
Certain amendments to Canada’s federal Competition Act (the “Act”), came into effect on June 23, 2023. The purpose of this advisory is to provide an overview of the: (i) changes under the Act prohibiting wage-fixing, non-solicit, and no-hire agreements; and (ii) requirements for compliance under the Act.
Deeth Williams Wall https://www.dww.com/articles/client-advisory-changes-to-competition-act-%E2%80%93-nopoaching-and-wagefixing-prohibitions

2024: A Reason For Hope In Tackling The Backlog Of Canadian Trademark Examination? 2024: A Reason For Hope In Tackling The Backlog Of Canadian Trademark Examination?

Trademarks
September 20, 2023September 20, 20232023-09-20
Regular readers of the E-TIPS® Newsletter will know that the backlog of the examination of Canadian trademark applications has been a source of commentary for the past several years. 2024 may bring with it some reason for optimism.
Deeth Williams Wall https://www.dww.com/articles/2024-a-reason-for-hope-tackling-backlog-of-canadian-trademark-examination

Health Canada Proposes Fees For Natural Health Products Health Canada Proposes Fees For Natural Health Products

Natural Health Products
September 20, 2023September 20, 20232023-09-20
Earlier this year, Health Canada published a proposal relating to a cost-recovery regime for natural health products (NHPs). Health Canada proposes to start charging fees for NHP regulatory activities on April 1, 2025.
Deeth Williams Wall https://www.dww.com/articles/health-canada-proposes-fees-for-natural-health-products

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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