Minister Of Innovation, Science And Industry Issues Statement On Canada’s Telecommunications Reliability Agenda Following Rogers’ Outage Of July 8, 2022 Minister Of Innovation, Science And Industry Issues Statement On Canada’s Telecommunications Reliability ...

Telecommunications
September 20, 2022September 20, 20222022-09-21
On September 7, 2022, Canada’s Minister of Innovation, Science and Industry (the Minister), issued a statement on Canada’s Telecommunications Reliability Agenda following the nation-wide Rogers network outage that took place on July 8, 2022. As part of the statement, the Minister provided details on a formal agreement between Canada’s major telecommunications service providers to lend support in the event of another major network outage.
Deeth Williams Wall https://www.dww.com/articles/minister-of-innovation-science-and-industry-issues-statement-on-canada%E2%80%99s

Supreme Court Of British Columbia Holds Employer Vicariously Liable For Its Employee’s Breach Of Privacy Supreme Court Of British Columbia Holds Employer Vicariously Liable For Its Employee’s Breach Of Privacy

Privacy
September 20, 2022September 20, 20222022-09-21
On August 24, 2022, the Supreme Court of British Columbia (the Court) in Ari v. Insurance Corporation of British Columbia, 2022 BCSC 1475, found that the Insurance Corporation of British Columbia (ICBC) was liable for its employee’s violation of its customers’ privacy under the British Columbia Privacy Act (the Act).
Deeth Williams Wall https://www.dww.com/articles/supreme-court-of-british-columbia-holds-employer-vicariously-liable-for-its-employee%E2%80%99s

Australian High Court Finds Google Not Liable For Defamation Australian High Court Finds Google Not Liable For Defamation

Information Technology
September 20, 2022September 20, 20222022-09-21
On August 17, 2022, the Australian High Court (the Court) in Google LLC v Defteros, [2022] HCA 27, allowed an appeal by Google LLC (Google) of a decision from the Court of Appeal of the Supreme Court of Victoria (the Appeal Court) which Google liable for publishing defamatory material by linking an article (The Age article) on Mr. George Defteros, the Respondent, in its search results of the Respondent’s name. The Court found that Google did not “publish” The Age article by hyperlinking the article in its search results.
Deeth Williams Wall https://www.dww.com/articles/australian-high-court-finds-google-not-liable-for-defamation

Federal Court Of Canada Certifies Data Breach Class Action Against The Federal Government Federal Court Of Canada Certifies Data Breach Class Action Against The Federal Government

Privacy
September 7, 2022September 7, 20222022-09-07
On August 25, 2022, the Federal Court of Canada (the Court) in Sweet v Canada, 2022 FC 1228, certified a class action against the Government of Canada (the Defendant) relating to data breaches in which hacker(s) gained access to the personal, financial and other information of thousands of Canadians through Government of Canada websites.
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-canada-certifies-data-breach-class-action-against-federal-government

Ontario Court Of Appeal Dismisses Apotex’s Appeal In An Action For Treble Damages Concerning Olanzapine Ontario Court Of Appeal Dismisses Apotex’s Appeal In An Action For Treble Damages Concerning Olanzapine

Pharmaceutical Patent Litigation
September 7, 2022September 7, 20222022-09-07
On August 16, 2022, the Ontario Court of Appeal (the Court) issued its decision in Apotex Inc. v Eli Lilly Canada Inc., 2022 ONCA 587, dismissing Apotex’s appeal and affirming the lower court’s summary judgment that struck out Apotex’s claim for damages from its generic drug being kept out of the market due to Eli Lilly’s issued patent that was ultimately declared to be invalid. The Court found that the patent regulatory scheme contains a “complete code” of remedies in such a case, and Apotex could not assert any other statutory and common law claims for damages.
Deeth Williams Wall https://www.dww.com/articles/ontario-court-of-appeal-dismisses-apotex%E2%80%99s-appeal-an-action-for-treble-damages-concerning

British Columbia’s Privacy Commissioner Publishes Annual Report Highlighting Key Developments British Columbia’s Privacy Commissioner Publishes Annual Report Highlighting Key Developments

Privacy
September 7, 2022September 7, 20222022-09-07
On August 24, 2022, the latest annual report (the Report) was released by the Office of the Information and Privacy Commissioner for British Columbia (the OIPC), for the period of April 1, 2021 – March 31, 2022 (FY 2021-22).  The Report highlights key developments in British Columbia as it relates to: (1) the regulation of artificial intelligence systems (AI systems) in the public sector; (2) the protection of personal information; and (3) the public’s right to access information.
Deeth Williams Wall https://www.dww.com/articles/british-columbia%E2%80%99s-privacy-commissioner-publishes-annual-report-highlighting-key

California AG Announces Settlement With Sephora As Part Of Ongoing Enforcement Of California Consumer Privacy Act California AG Announces Settlement With Sephora As Part Of Ongoing Enforcement Of California Consumer Pri...

Privacy
September 7, 2022September 7, 20222022-09-07
On August 24, 2022, the Superior Court of the State of California for the County of San Francisco (the Court) approved a settlement between the Attorney General of California (AG) and Sephora USA, Inc. (Sephora) relating to violations of the California Consumer Privacy Act (the CCPA). The settlement requires Sephora to pay $1.2 million in penalties and comply with certain injunctive terms.
Deeth Williams Wall https://www.dww.com/articles/california-ag-announces-settlement-sephora-as-part-of-ongoing-enforcement-of-california

Civil Resolution Tribunal Of British Columbia Refuses To Resolve Copyright Infringement Claim, Finds Lack Of Jurisdiction Civil Resolution Tribunal Of British Columbia Refuses To Resolve Copyright Infringement Claim, Finds Lack...

Trademark and Copyright Litigation
September 7, 2022September 7, 20222022-09-07
On August 31, 2022, the Civil Resolution Tribunal of British Columbia (the Tribunal) issued its decision in 1316633 B.C. Ltd. v Windsor-Martin, 2022 BCCRT 979, finding that the alleged copyright infringement claim fell outside the Tribunal’s jurisdiction.
Deeth Williams Wall https://www.dww.com/articles/civil-resolution-tribunal-of-british-columbia-refuses-to-resolve-copyright-infringement

Federal Court Of Canada Grants Partial Default Judgment Relating to THC-Infused SKITTLES Candy Federal Court Of Canada Grants Partial Default Judgment Relating to THC-Infused SKITTLES Candy

Trademark and Copyright Litigation
August 24, 2022August 24, 20222022-08-24
On August 12, 2022, the Federal Court of Canada (the Court) issued its decision in Mars Canada Inc. v John Doe #1 (King Tuts Cannabis), 2022 FC 1193, in which it granted, in part, a motion for default judgment against three of five defendants for trademark infringement, depreciation of goodwill, and passing off relating to the defendants’ sale of THC-infused candy in association with the registered SKITTLES trademarks and lookalike SKITTLES packaging.
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-canada-grants-partial-default-judgment-relating-to-thcinfused-skittles

Federal Court of Appeal Dismisses Appeal Relating to Patent Validity Concerning Apixaban Federal Court of Appeal Dismisses Appeal Relating to Patent Validity Concerning Apixaban

Pharmaceutical Patent Litigation
August 24, 2022August 24, 20222022-08-24
On August 4, 2022, the Federal Court of Appeal of Canada (FCA) issued its decision in Pharmascience Inc. v Bristol-Myers Squibb Canada Co., 2022 FCA 142, finding that the Federal Court (FC) did not err in holding that the patents at issue are valid.
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-appeal-dismisses-appeal-relating-to-patent-validity-concerning-apixaban

Québec Court Authorizes Class Action Against Las Vegas Casino and Hotel Chain Québec Court Authorizes Class Action Against Las Vegas Casino and Hotel Chain

Privacy
August 24, 2022August 24, 20222022-08-24
On August 3, 2022, the Québec Superior Court of Justice (the Court), in Zukerman c. MGM Resorts International, 2022 QCCS 2914, authorized a class action against MGM Resorts International for its alleged failure to implement proper security measures to protect its customers’ personal information in relation to a 2019 data breach.
Deeth Williams Wall https://www.dww.com/articles/qu%C3%A9bec-court-authorizes-class-action-against-las-vegas-casino-and-hotel-chain

The Office Of The Privacy Commissioner Publishes Survey Report Of Canadian Businesses On Privacy Matters The Office Of The Privacy Commissioner Publishes Survey Report Of Canadian Businesses On Privacy Matters

Privacy
August 24, 2022August 24, 20222022-08-24
On August 11, 2022, the Office of the Privacy Commissioner of Canada (OPC) published a report on its survey of Canadian businesses regarding privacy related-issues (the Survey). This is the first survey of businesses published by the OPC since the beginning of the COVID-19 global pandemic – allowing for comparisons to be made with the pre-pandemic landscape.
Deeth Williams Wall https://www.dww.com/articles/office-of-privacy-commissioner-publishes-survey-report-of-canadian-businesses-on-privacy

US Court of Appeals Affirms That AI Cannot Be An Inventor Under US Patent Law US Court of Appeals Affirms That AI Cannot Be An Inventor Under US Patent Law

Patents
August 24, 2022August 24, 20222022-08-24
On August 5, 2022, the US Court of Appeals for the Federal Circuit (the Court) in Thaler v Vidal, Case No. 21-2347, finding that an artificial intelligence (AI) system could not qualify as an “inventor” under US patent law. The Court affirmed the earlier decision of the lower court in the Eastern District of Virginia (the District Court), as previously reported by E-TIPS® Newsletter here.
Deeth Williams Wall https://www.dww.com/articles/us-court-of-appeals-affirms-ai-cannot-be-an-inventor-under-us-patent-law

Ontario Government Provides Guidance On The New Disclosure Requirements For The Electronic Monitoring Of Employees Ontario Government Provides Guidance On The New Disclosure Requirements For The Electronic Monitoring Of ...

Privacy
August 10, 2022August 10, 20222022-08-10
Further to our previous E-TIPS® articles on the Working for Workers Act, 2022 (the Act) found here and here, on July 12, 2022, Ontario’s Guide to the Employment Standards Act (the Guide) was updated to provide Ontario employers with guidance regarding the disclosure requirements for the electronic monitoring of employees that must be complied with by October 11, 2022.
Deeth Williams Wall https://www.dww.com/articles/ontario-government-provides-guidance-on-new-disclosure-requirements-for-electronic

European Patent Office Confirms That A Machine Cannot Be An Inventor European Patent Office Confirms That A Machine Cannot Be An Inventor

Patents
August 10, 2022August 10, 20222022-08-10
On July 5, 2022, the Legal Board of Appeal of the European Patent Office (EPO) issued its decision in case J 8/20. The Legal Board of Appeal (the Board) confirmed the decision of the Receiving Section of the EPO to refuse patent application number EP 18 275 163 on the basis that an artificial intelligence (AI) system cannot be the inventor of a patent.
Deeth Williams Wall https://www.dww.com/articles/european-patent-office-confirms-a-machine-cannot-be-an-inventor

Office Of The Privacy Commissioner Of Canada Responds To Proposed Regulations For Examining Personal Digital Devices At Canadian Borders Office Of The Privacy Commissioner Of Canada Responds To Proposed Regulations For Examining Personal Digi...

Privacy
August 10, 2022August 10, 20222022-08-10
On July 14, 2022, the Office of the Privacy Commissioner of Canada (OPC) provided its submission in response to a consultation launched by the Canada Border Services Agency (CBSA) on proposed Regulations for the Examination of Documents Stored on Personal Digital Devices (the Regulations).
Deeth Williams Wall https://www.dww.com/articles/office-of-privacy-commissioner-of-canada-responds-to-proposed-regulations-for-examining

Québec Publishes Draft Regulations On Reporting Confidentiality Incidents Québec Publishes Draft Regulations On Reporting Confidentiality Incidents

Cybersecurity
August 10, 2022August 10, 20222022-08-10
On June 29, 2022, the Québec government published draft regulations respecting confidentiality incidents (the Draft Regulations) that provide details on how public and private sector organizations should be required to handle breaches affecting personal information under the new privacy regime in Québec.
Deeth Williams Wall https://www.dww.com/articles/qu%C3%A9bec-publishes-draft-regulations-on-reporting-confidentiality-incidents

Federal Court Of Canada Expunges Trademarks On Summary Trial, Dismisses Passing Off Claim Federal Court Of Canada Expunges Trademarks On Summary Trial, Dismisses Passing Off Claim

Trademark and Copyright Litigation
August 10, 2022August 10, 20222022-08-10
On July 14, 2022, the Federal Court of Canada (the Court) issued its decision in Dragona Carpet Supplies Mississauga Inc. v Dragona Carpet Supplies Ltd., 2022 FC 1042, in which it dismissed the Plaintiff’s action and expunged the Plaintiff’s trademark registrations on summary trial.
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-canada-expunges-trademarks-on-summary-trial-dismisses-passing-off-claim

Supreme Court Of Canada Holds That Making Works Available Online Is Not A Separately Protected And Compensable Activity Supreme Court Of Canada Holds That Making Works Available Online Is Not A Separately Protected And Compen...

Trademark and Copyright Litigation
July 27, 2022July 27, 20222022-07-27
On July 15, 2022, the Supreme Court of Canada (the SCC) issued its decision in Society of Composers, Authors and Music Publishers of Canada v Entertainment Software Association, 2022 SCC 30, in which it unanimously affirmed the decision of the Federal Court of Appeal finding that the Copyright Act (the Act) only requires users to pay one royalty fee to stream works online. The Court also revised the standard of review for decisions where an administrative body and courts share concurrent first instance jurisdiction over questions of law.
Deeth Williams Wall https://www.dww.com/articles/supreme-court-of-canada-holds-making-works-available-online-not-a-separately-protected-and

OSFI Releases Final Version Of Guideline B-13: Technology And Cyber Risk Management OSFI Releases Final Version Of Guideline B-13: Technology And Cyber Risk Management

Cybersecurity
July 27, 2022July 27, 20222022-07-27
On July 13, 2022, the Office of the Superintendent of Financial Institutions (OSFI) released its final Guideline B-13: Technology and Cyber Risk Management (Guideline B-13), which describes OSFI’s expectations for how federally regulated financial institutions (FRFIs) should manage technology and cyber risks.
Deeth Williams Wall https://www.dww.com/articles/osfi-releases-final-version-of-guideline-b13-technology-and-cyber-risk-management

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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