JAMP Brings Landmark Abuse Of Dominance Application Against Janssen Under Amended Competition Act JAMP Brings Landmark Abuse Of Dominance Application Against Janssen Under Amended Competition Act

Litigation
August 20, 2024August 20, 20242024-08-20
On July 26, 2024, JAMP Pharma Corporation (JAMP) filed an application to Canada’s Competition Tribunal (Tribunal) against Janssen Inc. (Janssen) relating to an abuse of dominance allegation with respect to Janssen’s biologic drug Stelara, an ustekinumab drug product for the treatment of certain autoimmune diseases.
Deeth Williams Wall https://www.dww.com/articles/jamp-brings-landmark-abuse-of-dominance-application-against-janssen-under-amended

YouTubers’ Class Action Doesn’t Hit the “Like” Button Against OpenAI YouTubers’ Class Action Doesn’t Hit the “Like” Button Against OpenAI

Information Technology
August 20, 2024August 20, 20242024-08-20
On August 2, 2024, David Millette (the Plaintiff) filed, individually and on behalf of a proposed class of YouTube users and video creators, a class action complaint against OpenAI, Inc. and related entities (collectively, OpenAI) in Millette v OpenAI, Inc. et al, 3:24-cv-04710. The Plaintiff’s complaint pertains to the alleged non-consensual transcription of class members’ YouTube videos by OpenAI to train their artificial intelligence (AI) software products.
Deeth Williams Wall https://www.dww.com/articles/youtubers%E2%80%99-class-action-doesn%E2%80%99t-hit-%E2%80%9Clike%E2%80%9D-button-against-openai

Alberta Court Finds Doctrine Of Patent Exhaustion Applies To Real Estate Alberta Court Finds Doctrine Of Patent Exhaustion Applies To Real Estate

Patents
August 20, 2024August 20, 20242024-08-20
On July 26, 2024, the Court of King’s Bench of Alberta (the Court) released its decision in Bank of Montreal v 2093924 Ontario Inc, 2024 ABKB 457, finding that the doctrine of patent exhaustion prevented 1643434 Alberta Ltd. (164) from blocking the sale of its former property (the Wash Factory) to a competitor, Klair Group Industries Ltd. (Klair).
Deeth Williams Wall https://www.dww.com/articles/alberta-court-finds-doctrine-of-patent-exhaustion-applies-to-real-estate

Raise A Snifter And Listen To The Music: U.S. Court Mulls COGNAC And Hip-Hop Raise A Snifter And Listen To The Music: U.S. Court Mulls COGNAC And Hip-Hop

Trademark and Copyright Litigation
August 20, 2024August 20, 20242024-08-20
On August 6, 2024, in Bureau National Interprofessionnel Du Cognac v Cologne & Cognac Entertainment, Case No. 23-1100, the United States Court of Appeals for the Federal Circuit (the Court) vacated a decision of the United States Patent and Trademark Office Trademark Trial and Appeal Board (the Board). The Board had previously determined that there was no likelihood of confusion between the certification mark COGNAC and a trademark application for a design including the words COLOGNE & COGNAC ENTERTAINMENT Design (the Mark) for hip-hop music and production services.
Deeth Williams Wall https://www.dww.com/articles/raise-a-snifter-and-listen-to-music-us-court-mulls-cognac-and-hiphop

They Shoot, They Score! Sports Broadcasting Entities Obtain Dynamic Site Blocking Order To Prevent Unauthorized Live Streams They Shoot, They Score! Sports Broadcasting Entities Obtain Dynamic Site Blocking Order To Prevent Unauth...

Trademark and Copyright Litigation
August 7, 2024August 7, 20242024-08-07
On July 9, 2024, the Federal Court of Canada (the Court), in Rogers Media Inc. v John Doe 1, 2024 FC 1082, issued a dynamic site blocking Order requiring (i) the unauthorized streaming services (the Unknown Respondents) to cease providing unauthorized streams of National Hockey League (NHL) games, National Basketball Association (NBA) games, and Premier League football matches, and (ii) certain internet service providers (the Third Party Respondents) to block or attempt to block access to streaming servers that provide unauthorized access to these live sporting events.
Deeth Williams Wall https://www.dww.com/articles/they-shoot-they-score-sports-broadcasting-entities-obtain-dynamic-site-blocking-order-to

$27 Million Damage Award For Copyright Infringement Of Turkish Television Programming $27 Million Damage Award For Copyright Infringement Of Turkish Television Programming

Trademark and Copyright Litigation
August 7, 2024August 7, 20242024-08-07
On July 18, 2024, the Federal Court of Canada (the Court) released its decision in Demirören TV Radyo Yayincilik Yapimcilik A.Ş. v General Entertainment and Music Inc., 2024 FC 1127, finding that one of Türkiye’s largest broadcasters, Demirören TV Radyo Yayincilik Yapimcilik A.Ş. (the Plaintiff), owns copyright in its various episodes of original television programming (the Programs) and that General Entertainment and Music Inc. (the Defendant) infringed its copyright in certain Programs.
Deeth Williams Wall https://www.dww.com/articles/27-million-damage-award-for-copyright-infringement-of-turkish-television-programming

That’s Just Not Cricket. Artificial Neural Network Not Patentable In UK That’s Just Not Cricket. Artificial Neural Network Not Patentable In UK

Patents
August 7, 2024August 7, 20242024-08-07
On July 19, 2024, the England and Wales Court of Appeal (the Court) released its decision in Comptroller General of Patents, Designs and Trade Marks v Emotional Perception AI Ltd, [2024] EWCA Civ 825, finding that a trained artificial neural network (ANN) is unpatentable pursuant to the “program for a computer” subject matter exclusion under section 1(2)(c) of the United Kingdom (UK) Patents Act 1977 (the Act).
Deeth Williams Wall https://www.dww.com/articles/%E2%80%99s-just-not-cricket-artificial-neural-network-not-patentable-uk

Quel Dommage! Federal Court Awards Significant Damages For Counterfeit Louis Vuitton Merch Quel Dommage! Federal Court Awards Significant Damages For Counterfeit Louis Vuitton Merch

Trademark and Copyright Litigation
August 7, 2024August 7, 20242024-08-07
On July 23, 2024, the Federal Court of Canada (the Court) issued its decision in Louis Vuitton Malletier S.A. v Torf, 2024 FC 1152, finding certain defendants liable for violations of Canada’s Trademarks Act and Copyright Act deriving from the sale of counterfeit Louis Vuitton merchandise.
Deeth Williams Wall https://www.dww.com/articles/quel-dommage-federal-court-awards-significant-damages-for-counterfeit-louis-vuitton-merch

It’s Not Just Your Imagination. Apps And Websites Use Deceptive Design Patterns To Collect Personal Information It’s Not Just Your Imagination. Apps And Websites Use Deceptive Design Patterns To Collect Personal Infor...

Privacy
July 24, 2024July 24, 20242024-07-24
On July 9, 2024, the Office of the Privacy Commissioner of Canada (OPC), along with 25 privacy enforcement authorities around the world, published their findings following a global privacy sweep conducted earlier this year on more than 1,000 websites and mobile apps.
Deeth Williams Wall https://www.dww.com/articles/it%E2%80%99s-not-just-your-imagination-apps-and-websites-use-deceptive-design-patterns-to-collect

What Do You Think? ISED Consultation On Canada’s AI Strategy What Do You Think? ISED Consultation On Canada’s AI Strategy

Information Technology
July 24, 2024July 24, 20242024-07-24
On June 26, 2024, Innovation, Science and Economic Development Canada (ISED) launched a public consultation on Canada’s artificial intelligence (AI) computing infrastructure. The feedback from this consultation will shape the design and implementation of the AI Compute Access Fund (the Access Fund) and the Canadian AI Sovereign Compute Strategy (the Sovereign Strategy), which are initiatives launched by Budget 2024.
Deeth Williams Wall https://www.dww.com/articles/what-do-you-think-ised-consultation-on-canada%E2%80%99s-ai-strategy

Give It Back! BC Court Orders Former Public Body Employee To Return Records In A Privacy Breach Give It Back! BC Court Orders Former Public Body Employee To Return Records In A Privacy Breach

Privacy
July 24, 2024July 24, 20242024-07-24
On June 21, 2024, the British Columbia Supreme Court (the Court) in British Columbia (Attorney General) v. Gondor, 2024 BCSC 1077, ordered the return of electronic records containing personal information (the Identified Records) that belonged to a public body employer, the District of Saanich (the District), after finding that the District’s former employee (Gondor) made copies of the Identified Records and distributed them without authorization.
Deeth Williams Wall https://www.dww.com/articles/give-it-back-bc-court-orders-former-public-body-employee-to-return-records-a-privacy

Finally! At Long Last, Canada Makes Progress In Examination Of Trademark Applications Finally! At Long Last, Canada Makes Progress In Examination Of Trademark Applications

Trademarks
July 11, 2024July 11, 20242024-07-11
The Canadian Intellectual Property Office (CIPO) has at very long last finally made progress in tackling the long-standing trademark examination backlog. In a 2024 issue of our E-TIPS® Newsletter (see here for a previous report by the E-TIPS® Newsletter), we noted that there were reasons for optimism, and our optimism appears to have been justified.
Deeth Williams Wall https://www.dww.com/articles/finally-at-long-last-canada-makes-progress-examination-of-trademark-applications

Québec Publishes Final Version Of Bill 96 Regulation On Non-French Trademark Use Québec Publishes Final Version Of Bill 96 Regulation On Non-French Trademark Use

Trademarks
July 11, 2024July 11, 20242024-07-11
On June 26, 2024, the Québec government published the final version of the Regulation to amend mainly the Regulation respecting the language of commerce and business (the Regulation), which clarifies some uncertainties raised by Bill 96 regarding non-French trademark use in Québec. The trademark requirements under Bill 96 and the Regulation are set to come into force on June 1, 2025.
Deeth Williams Wall https://www.dww.com/articles/qu%C3%A9bec-publishes-final-version-of-bill-96-regulation-on-nonfrench-trademark-use

How Old Are You Really? OPC Launches Public Consultation On Privacy-Protective Age Assurance How Old Are You Really? OPC Launches Public Consultation On Privacy-Protective Age Assurance

Privacy
July 11, 2024July 11, 20242024-07-11
On June 10, 2024, the Office of the Privacy Commissioner of Canada (OPC) announced an exploratory consultation seeking public comments on privacy-protective age assurance with a goal of developing a future guidance document on the design and use of age-assurance systems.
Deeth Williams Wall https://www.dww.com/articles/how-old-are-you-really-opc-launches-public-consultation-on-privacyprotective-age-assurance

An Outlier Or Sign Of The Future? BC Court Awards $15,000 Per Victim In Privacy Breach Class Action An Outlier Or Sign Of The Future? BC Court Awards $15,000 Per Victim In Privacy Breach Class Action

Privacy
June 26, 2024June 26, 20242024-06-26
On June 3, 2024, the Supreme Court of British Columbia (the Court) released its decision in Ari v Insurance Corporation of British Columbia, 2024 BCSC 964, finding that damages of $15,000 per class member fell within the category of a “modest or nominal award” in the circumstances.
Deeth Williams Wall https://www.dww.com/articles/an-outlier-or-sign-of-future-bc-court-awards-15000-per-victim-privacy-breach-class-action

What Do You Think? CIPO Proposes Amendments To Trademark Regulations What Do You Think? CIPO Proposes Amendments To Trademark Regulations

Trademarks
June 26, 2024June 26, 20242024-06-26
On June 8, 2024, the Canadian Intellectual Property Office (CIPO) launched a consultation on proposed amendments (the Amendments) to the Trademarks Regulations (the Regulations), which are intended to increase the efficiency of proceedings before the Trademarks Opposition Board (TMOB) and discourage certain undesirable behaviours.
Deeth Williams Wall https://www.dww.com/articles/what-do-you-think-cipo-proposes-amendments-to-trademark-regulations

Supreme Court Of Canada Says No Magic Words Needed To Exclude Implied Conditions Under Ontario’s Sale Of Goods Act Supreme Court Of Canada Says No Magic Words Needed To Exclude Implied Conditions Under Ontario’s Sale Of ...

Litigation
June 26, 2024June 26, 20242024-06-26
On May 31, 2024, the Supreme Court of Canada (the Court) released its decision in Earthco Soil Mixtures Inc. v. Pine Valley Enterprises Inc., 2024 SCC 20, finding that contracting parties can vary or exclude the application of an implied condition under Ontario’s Sale of Goods Act (SGA) by an express agreement in a form of an exclusion clause, without the requirement to include particular “magic words” to be enforceable.
Deeth Williams Wall https://www.dww.com/articles/supreme-court-of-canada-says-no-magic-words-needed-to-exclude-implied-conditions-under

Privacy Commissioner Of Canada Issues 2023-2024 Annual Report Privacy Commissioner Of Canada Issues 2023-2024 Annual Report

Privacy
June 26, 2024June 26, 20242024-06-26
On June 6, 2024, the Office of the Privacy Commissioner of Canada (OPC) tabled its 2023-2024 Annual Report to Parliament on the Privacy Act and the Personal Information Protection and Electronic Documents Act (the Annual Report). The Annual Report summarizes 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/privacy-commissioner-of-canada-issues-20232024-annual-report

Canada Weighs Adjustment Of Terms Of Certain Patents Canada Weighs Adjustment Of Terms Of Certain Patents

Patents
June 11, 2024June 11, 20242024-06-12
On May 18, the Canadian Intellectual Property Office (CIPO) published proposed amendments to the Patent Rules (the Rules), among other regulations, providing details regarding Canada’s new patent term adjustment (PTA) system to take effect on January 1, 2025.
Deeth Williams Wall https://www.dww.com/articles/canada-weighs-adjustment-of-terms-of-certain-patents

Canada's Voluntary AI Code Of Conduct: Sign Me Up! Canada's Voluntary AI Code Of Conduct: Sign Me Up!

Information Technology
June 11, 2024June 11, 20242024-06-12
On May 27, 2024, Innovation, Science and Economic Development Canada (ISED) announced that eight additional organizations have undertaken a voluntary commitment in support of the ongoing development and management of artificial intelligence (AI) systems in Canada, becoming new signatories to the Voluntary Code of Conduct on the Responsible Development and Management of Advanced Generative AI Systems (the Code).
Deeth Williams Wall https://www.dww.com/articles/canadas-voluntary-ai-code-of-conduct-sign-me-up

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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