EU Court Issues Decision on Trademark Invalidity Questions in Sky v SkyKick EU Court Issues Decision on Trademark Invalidity Questions in Sky v SkyKick

Trademark
February 12, 2020February 12, 20202020-02-12
On January 29, 2020, the Court of Justice of the European Union (CJEU) released its decision in Sky v SkyKick (Case C-371/18), finding that a trademark registration covering broad and imprecise goods and services cannot be invalidated on the basis that it is contrary to public policy.
Deeth Williams Wall https://www.dww.com/articles/eu-court-issues-decision-on-trademark-invalidity-questions-sky-v-skykick

Access Copyright’s Innovation Lab to Develop Blockchain Registry for Canadian Visual Artists Access Copyright’s Innovation Lab to Develop Blockchain Registry for Canadian Visual Artists

Copyright
February 12, 2020February 12, 20202020-02-12
The Canadian Artists’ Representation/Le Front des Artistes Canadiens, Regroupement des artistes en arts visuels du Quebec, Copyright Visual Arts, and Access Copyright are collaborating, by way of Access Copyright’s innovation lab Prescient, to develop a public blockchain registry, named Imprimo.  Imprimo will allow artists to register and enforce their copyright while also ensuring that value and benefit gained i
Deeth Williams Wall https://www.dww.com/articles/access-copyright%E2%80%99s-innovation-lab-to-develop-blockchain-registry-for-canadian-visual

Privacy Commissioner of Canada Asks Federal Court to Address Facebook’s Privacy Violations Privacy Commissioner of Canada Asks Federal Court to Address Facebook’s Privacy Violations

Privacy
February 12, 2020February 12, 20202020-02-12
On February 6, 2020, the Privacy Commissioner of Canada filed a Notice of Application against Facebook, Inc. (Facebook) with respect to numerous violations relating to Canada's Personal Information Protection and Electronic Documents Act, SC 2000, c 5 (PIPEDA).
Deeth Williams Wall https://www.dww.com/articles/privacy-commissioner-of-canada-asks-federal-court-to-address-facebook%E2%80%99s-privacy-violations

Ontario Superior Court of Justice Grants Summary Judgment in Defamation Case against Unnamed Defendants Ontario Superior Court of Justice Grants Summary Judgment in Defamation Case against Unnamed Defendants

Litigation
February 12, 2020February 12, 20202020-02-12
On January 13, 2020, in Theralase Technologies Inc v Lanter, 2020 ONSC 205,  the Ontario Superior Court of Justice (Court) granted summary judgment in a defamation case against a number of unnamed, pseudonymous authors of internet postings.
Deeth Williams Wall https://www.dww.com/articles/ontario-superior-court-of-justice-grants-summary-judgment-defamation-case-against-unnamed

Intellectual Property Protection of Fashion Designs, Presentation by Alessia Monastero Intellectual Property Protection of Fashion Designs, Presentation by Alessia Monastero

Intellectual Property
February 11, 2020February 11, 20202020-02-11
Alessia Monastero discussed the intellectual property protection of fashion designs at a presentation delivered at the firm on February 5, 2020. The presentation addresses how the current forms of Canadian IP protection impact Canada’s fashion sector and differ from IP protection internationally.
Deeth Williams Wall https://www.dww.com/articles/intellectual-property-protection-of-fashion-designs-presentation-by-alessia-monastero

Standards and Standards Organizations, presentation by Richard Austin Standards and Standards Organizations, presentation by Richard Austin

Information Technology
February 10, 2020February 10, 20202020-02-10
Presentation by Richard Austin that examines standards in the technology sector: why they are important, how to use them to manage risk and using standards to promote your proprietary technology. The presentation, originally delivered in September 2016, has been updated to refer to current ISO standards as of February 10, 2020.
Deeth Williams Wall https://www.dww.com/node/3480

Overview of the Administrative Law Trilogy and Standard of Review Overview of the Administrative Law Trilogy and Standard of Review

Litigation
January 29, 2020January 29, 20202020-01-29
In December 2019, the Supreme Court of Canada (SCC) released decisions that brought clarity to the post-Dunsmuir standard of review landscape. In the first of the decisions, Canada (Minister of Citizenship and Immigration) v Vavilov, 2019 SCC 65 (Vavilov), the SCC readdressed and further clarified the standard of review. The second decision, Bell Canada v Canada (Attorney General), 2019 SCC 66, applied the standard of review outlined in Vavilov.
Deeth Williams Wall https://www.dww.com/articles/overview-of-administrative-law-trilogy-and-standard-of-review

Federal Privacy Commissioner Addresses Complaints Regarding Search of Electronic Devices and Data by Canadian Border Services Agency Federal Privacy Commissioner Addresses Complaints Regarding Search of Electronic Devices and Data by Cana...

Privacy
January 29, 2020January 29, 20202020-01-29
At the end of 2019, the Canadian federal Privacy Commissioner (the Commissioner) submitted the annual report to the Federal Parliament regarding privacy law reform in Canada (the Report). In one section of the Report, the Commissioner detailed investigations into six different complaints by travellers in relation to searches of electronic devices and data by the Canadian Border Services Agency (CBSA).
Deeth Williams Wall https://www.dww.com/articles/federal-privacy-commissioner-addresses-complaints-regarding-search-of-electronic-devices

United States-Mexico-Canada Agreement Amendments Bring Changes to Data Protection for Biologic Drugs United States-Mexico-Canada Agreement Amendments Bring Changes to Data Protection for Biologic Drugs

Patent
January 29, 2020January 29, 20202020-01-29
On December 10, 2019, the United States-Mexico-Canada Agreement (USMCA) was amended (see the amendments here).  One of the major changes made relates to data protection for new biologic drugs.
Deeth Williams Wall https://www.dww.com/articles/united-statesmexicocanada-agreement-amendments-bring-changes-to-data-protection-for

Chinese Court Grants Copyright Protection for AI-written Article Chinese Court Grants Copyright Protection for AI-written Article

Copyright
January 29, 2020January 29, 20202020-01-29
Recently, the Shenzhen Nanshan District People’s Court (the Court) ruled in favour of Shenzhen Tencent Computer System Co Ltd (Tencent) in their claim for copyright infringement against the defendant with respect to an article written by Tencent’s artificial intelligence (AI) software, Dreamwriter.
Deeth Williams Wall https://www.dww.com/articles/chinese-court-grants-copyright-protection-for-aiwritten-article

Canadian Trademarks Office Publishes New Practice Notice Regarding Extensions of Time in Examination Canadian Trademarks Office Publishes New Practice Notice Regarding Extensions of Time in Examination

Trademark
January 29, 2020January 29, 20202020-01-29
On January 17, 2020, the Canadian Trademarks Office (the Office) published a new practice notice regarding extensions of time in trademark examination.  The practice notice states that the Office will no longer grant extensions of time to respond to an examiner’s report unless the applicant demonstrates “exceptional circumstances”.  In other words, the six month response deadline set out in an examiner’s report will not be extendable absent exceptional circumstances.
Deeth Williams Wall https://www.dww.com/articles/canadian-trademarks-office-publishes-new-practice-notice-regarding-extensions-of-time

Call Blocking and Other Consumer Protection Methods for Unsolicited Calls Call Blocking and Other Consumer Protection Methods for Unsolicited Calls

Telecommunications
January 29, 2020January 29, 20202020-01-30
On December 17, 2019, the Canadian Radio-television and Telecommunications Commission (CRTC) announced that Canadians will soon have access to a call blocking system allowing consumers to protect themselves against unsolicited and illegitimate calls.  The system works to block calls before they reach the subscriber if they contain caller identification information that exceeds 15 digits or do not conform to the typical format of phone numbers (e.g. 000-000-0000).  With this system in place, consumers will have a more effective method to manage nuisance calls.
Deeth Williams Wall https://www.dww.com/articles/call-blocking-and-other-consumer-protection-methods-for-unsolicited-calls

E-TIPS® Newsletter’s “2019: Year in Review” E-TIPS® Newsletter’s “2019: Year in Review”

Intellectual Property
January 15, 2020January 15, 20202020-01-15
Thank you for your readership over the last year and welcome to what is sure to be an exciting 2020!  In this year’s first issue of the E-TIPS® Newsletter, we will recap our most noteworthy reports from 2019 covering developments in IP and IT law, under the following categories: (1) “Legislative, Treaty and Policy Developments”, (2) “Patents”, (3) “Trademarks”, (4) “Copyright”, (5) “Privacy”, (6) “IT/Telecommunications” and (7) “Regulatory”.
Deeth Williams Wall https://www.dww.com/articles/etips%C2%AE-newsletter%E2%80%99s-%E2%80%9C2019-year-review%E2%80%9D

Patented Medicine Prices Review Board Publishes Draft Guidelines for Consultation Patented Medicine Prices Review Board Publishes Draft Guidelines for Consultation

Patent
December 11, 2019December 11, 20192019-12-11
On November 21, 2019, the Patented Medicine Prices Review Board (PMPRB) published draft Guidelines for consultation.  The draft Guidelines are intended to give effect to recent amendments to the Patented Medicines Regulations (Regulations). 
Deeth Williams Wall https://www.dww.com/articles/patented-medicine-prices-review-board-publishes-draft-guidelines-for-consultation

Canada’s First Site-Blocking Order is Challenged Canada’s First Site-Blocking Order is Challenged

Copyright
December 11, 2019December 11, 20192019-12-12
On November 15, 2019, the Federal Court of Canada (Court), in Bell Media Inc v GoldTV.Biz (2019 FC 1432), issued Canada’s first site-blocking order.  The order sought by various Canadian broadcasters, including Bell Media Inc, Rogers Media Inc and Groupe TVA Inc (collectively, Plaintiffs), requires eleven Internet service providers (ISPs) to block access to certain websites hosting unauthorized content. 
Deeth Williams Wall https://www.dww.com/articles/canada%E2%80%99s-first-siteblocking-order-challenged

Australia Proposes Internet of Things Cyber-Security Law Australia Proposes Internet of Things Cyber-Security Law

Security
December 11, 2019December 11, 20192019-12-11
On November 19, 2019, the Australian government released a draft code of practice (Code) for securing the Internet of Things for consumers (IoT).  The Code will undergo a period of public consultation before coming into force on March 1, 2020.
Deeth Williams Wall https://www.dww.com/articles/australia-proposes-internet-of-things-cybersecurity-law

ICANN Calls for More Transparency in .ORG Sale ICANN Calls for More Transparency in .ORG Sale

Domain Names
December 11, 2019December 11, 20192019-12-11
On December 9, 2019, the Internet Corporation for Assigned Names and Numbers (ICANN) announced that it is seeking additional information about the proposed .ORG registry sale from the Internet Society (ISOC) to Ethos Capital.  Under the .ORG Registry Agreement, the Public Interest Registry (PIR) must obtain ICANN’s prior approval before any transaction that would result in a change of control of the registry operator.
Deeth Williams Wall https://www.dww.com/articles/icann-calls-for-more-transparency-org-sale

Alberta Court Grants Corus Entertainment an Interlocutory Injunction Preventing Edmonton Radio Broadcaster from Using the POWER Name Alberta Court Grants Corus Entertainment an Interlocutory Injunction Preventing Edmonton Radio Broadcaste...

Trademark
December 11, 2019December 11, 20192019-12-11
On November 18, 2019, the Court of Queen’s Bench of Alberta (Court) released its decision in Corus Radio Inc v Harvard Broadcasting Inc, 2019 ABQB 880, granting Corus Radio Inc and Corus Entertainment Inc (collectively, Corus) an interlocutory injunction prohibiting Harvard Broadcasting Inc (Harvard) from using the word “POWER” with respect to its radio broadcasting business.
Deeth Williams Wall https://www.dww.com/articles/alberta-court-grants-corus-entertainment-an-interlocutory-injunction-preventing-edmonton

Fortnite Game Creator Goes on the Offensive Fortnite Game Creator Goes on the Offensive

Copyright
December 11, 2019December 11, 20192019-12-11
On December 6, 2019, Epic Games Inc (Epic Games), the creator of the game Fortnite, filed a complaint against US comedian and musician, Matt Geiler (Geiler), seeking a declaration that Fortnite does not infringe Geiler’s copyright or trademark rights in a “Dancing Pumpkin Man” character.
Deeth Williams Wall https://www.dww.com/articles/fortnite-game-creator-goes-on-offensive

CRTC to Launch New Internet Code CRTC to Launch New Internet Code

Regulatory Law
December 11, 2019December 11, 20192019-12-11
On January 31, 2020 the Canadian Radio-television and Telecommunications Commission (CRTC)’s new Internet Code (Code) will come into effect.  The Code is a mandatory code of conduct for Internet service providers of retail fixed Internet access services for individual customers. According to the CRTC, the Code will make it easier for Canadians to understand their Internet service contracts, to prevent bill shock from overage fees and price increases and to make it easier for Canadians to switch Internet service providers (ISPs).
Deeth Williams Wall https://www.dww.com/articles/crtc-to-launch-new-internet-code

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.

E-TIPS is a registered trade-mark of Deeth Williams Wall LLP.