Report Raises Concerns Regarding Nanotech Regulation Report Raises Concerns Regarding Nanotech Regulation

Regulatory Law
February 1, 2006February 1, 20062015-09-23
With increased interest in the potential for nanotechnology products – and the fact that some are actually now in production – a newly published report (PEN Report) by the Washington-based Project on Emerging Nanotechnologies discusses the question whether regulation of the field is required in the public interest. The PEN Report, Managing the Effects of Nanotechnology, and authored by Clarence Davies, notes that most statutes or programs do not address the fact that nanomaterials (matter measured by a number of nanometers, or one millionth of a millimeter) behave differently from materials of ordinary size. Says the PEN Report,
Deeth Williams Wall https://www.dww.com/articles/report-raises-concerns-regarding-nanotech-regulation

Important Question of Availability of Injunctions in Patent Cases will be heard by the US Supreme Court Important Question of Availability of Injunctions in Patent Cases will be heard by the US Supreme Court

Patents
February 1, 2006February 1, 20062015-09-23
The United States Supreme Court has agreed to hear an appeal by eBay Inc (eBay et al v MercExchange LLC, No 05-130) and will consider the issue of the availability of permanent injunctions in patent infringement cases.
Deeth Williams Wall https://www.dww.com/articles/important-question-of-availability-of-injunctions-patent-cases-will-be-heard-by-us-supreme

Ontario Court Calls for Collaboration Regarding Production of Documents in the Information Age Ontario Court Calls for Collaboration Regarding Production of Documents in the Information Age

Litigation
February 1, 2006February 1, 20062015-09-23
In a case before the Ontario Superior Court of Justice in which documents to be produced formed part of a larger database and the printing of them would cost $50,000 in copying fees, a Master of the Court has directed the parties to consider electronic discovery.
Deeth Williams Wall https://www.dww.com/articles/ontario-court-calls-for-collaboration-regarding-production-of-documents-information-age

Apple iTunes Ministore Software Modified after Concern Voiced by Privacy Advocates Apple iTunes Ministore Software Modified after Concern Voiced by Privacy Advocates

Privacy
February 1, 2006February 1, 20062015-07-08
A new version of iTunes, released in mid-January, raised concern from privacy advocates when it was found that the software was sending information about computer users' playlists back to its supplier, Apple Computer Inc (Apple).
Deeth Williams Wall https://www.dww.com/articles/apple-itunes-ministore-software-modified-after-concern-voiced-by-privacy-advocates

US Federal Courts Divided Over Cell Phone Surveillance US Federal Courts Divided Over Cell Phone Surveillance

Litigation
February 1, 2006February 1, 20062015-07-08
After successive failures by the US government in New York, Texas and Maryland courts to obtain cell phone tracking without judicial warrant, the government has prevailed. In late December, for the first time the Department of Justice (DOJ) obtained an order from Judge Gabriel Gorenstein, a magistrate in the Southern District of New York, permitting the tracking of cell phone use without the necessity of first showing probable cause of criminal activity.
Deeth Williams Wall https://www.dww.com/articles/us-federal-courts-divided-over-cell-phone-surveillance

Canadian Government Must Adopt More Stringent Safeguards for Personal Information, Says Treasury Board Canadian Government Must Adopt More Stringent Safeguards for Personal Information, Says Treasury Board

Privacy
December 21, 2005December 21, 20052015-07-08
Earlier this year, the federal government proposed draft guidelines (E-TIPS®, Vol 3, No 18, February 10, 2005) intended to safeguard against the unauthorized disclosure of personal information by service providers subject to the laws of foreign jurisdictions. Now released under the title "Taking Privacy into Account Prior to Making Contracting Decisions" (Guidelines), the draft Guidelines suggest that federal departments need to adopt more stringent measures to protect personal information in their custody and control.
Deeth Williams Wall https://www.dww.com/articles/canadian-government-must-adopt-more-stringent-safeguards-for-personal-information-says

Toronto Law Professor and Cellphone Company Settle Dispute Over Unauthorized Charges Toronto Law Professor and Cellphone Company Settle Dispute Over Unauthorized Charges

Information Technology
December 21, 2005December 21, 20052015-09-23
After an extended period of contesting her massive cellphone bill for unauthorized charges, a law professor at York University in Toronto has apparently settled her dispute with Rogers Wireless (Rogers). According to a newspaper report, the cellphone in question had been stolen and then used to make over 350 calls to foreign countries such as Pakistan, Libya and Syria. It appeared that Rogers' fraud detection software (which notes dramatic changes in calling patterns) did not trigger a shutdown of the phone in question. At first, Rogers insisted that the customer would have to pay for the unauthorized calls. The law professor contested the charges and filed suit in Small Claims Court.
Deeth Williams Wall https://www.dww.com/articles/toronto-law-professor-and-cellphone-company-settle-dispute-over-unauthorized-charges

Ontario Health Privacy Law Receives Substantial Similarity Seal Ontario Health Privacy Law Receives Substantial Similarity Seal

Privacy
December 21, 2005December 21, 20052015-09-23
Ontario's health privacy legislation has been declared substantially similar to the Canadian federal privacy standards. This was confirmed in the Health Information Custodians in the Province of Ontario Exemption Order, which has exempted health information custodians from the application of Part 1 of the federal Personal Information Protection and Electronic Documents Act (PIPEDA) in respect of the collection, use and disclosure of personal information that occurs within Ontario and is based on the substantially similarity between the Ontario Personal Health Information Protection Act, 2004 and PIPEDA.
Deeth Williams Wall https://www.dww.com/articles/ontario-health-privacy-law-receives-substantial-similarity-seal

Canadian Investment in ICT Appears Much Lower Than in US Canadian Investment in ICT Appears Much Lower Than in US

Information Technology
December 21, 2005December 21, 20052015-09-23
The Information Technology Association of Canada (ITAC) has released a report that appears to show that while Canada ranks better than half way up the league tables of OECD countries in investment in the information and communications technologies (ICT) sector, vis-à-vis the United States, its principal trading partner, Canada is investing much less, both in terms of ICT dollars invested per worker and of ICT invested as a share of GDP. The 120-page report, entitled "What Explains the Canada-US ICT Investment Intensity Gap?" (Report) was prepared by the Centre for the Study of Living Standards.
Deeth Williams Wall https://www.dww.com/articles/canadian-investment-ict-appears-much-lower-than-us

Canadian Industrial Design Database Now Accessible Online Canadian Industrial Design Database Now Accessible Online

Industrial Designs
December 21, 2005December 21, 20052015-07-08
The Canadian Intellectual Property Office (CIPO) recently announced the launch of a new industrial designs database. The database, accessible from the CIPO web site, will initially make available approximately 10,000 designs registered as of June 15, 2002. New registrations will be added on a weekly basis. CIPO expects to complete the addition of designs registered prior to June 15, 2002, within six months.
Deeth Williams Wall https://www.dww.com/articles/canadian-industrial-design-database-now-accessible-online

Do-Not-Call Legislation Enacted in Canada Do-Not-Call Legislation Enacted in Canada

Telecommunications
December 7, 2005December 7, 20052015-07-08
Bill C-37, Canada's "Do-Not-Call" legislation, has been enacted by Parliament as one of its last acts before calling the general election. Through amendments to the Telecommunications Act, the Bill provides a legislative framework for a national, bilingual, do-not-call list aimed at reducing the number of unwanted telephone calls to consumers. Once a consumer has been added to the list, telemarketers who call will face a fine of up to $1,500 (for individuals) or up to $15,000 (for corporations).
Deeth Williams Wall https://www.dww.com/articles/donotcall-legislation-enacted-canada

Canadian Government Introduces Internet Pharmacy Bill Canadian Government Introduces Internet Pharmacy Bill

Food and Drug
December 7, 2005December 7, 20052015-07-08
Bill C-83, An Act to amend the Food and Drugs Act (drug export restrictions), was given first reading in the House of Commons on Friday, November 25, 2005. The legislation (Amendments) was tabled in an effort to respond to US legislative efforts to legalize bulk imports of cheaper brand-name Canadian drugs and to create an early warning system for drug shortages. The Amendments would require stakeholders to provide a range of information to the federal Minister of Health and by giving the Minister the power to prohibit exports and to limit the extent of pharmaceutical sales from Internet pharmacies.
Deeth Williams Wall https://www.dww.com/articles/canadian-government-introduces-internet-pharmacy-bill

US States Pulling Out All Stops to Test Voting Machines US States Pulling Out All Stops to Test Voting Machines

Information Technology
December 7, 2005December 7, 20052015-07-08
Some US states that use voting machines are taking dramatic measures to ensure the effectiveness and reliability of the machines in an effort to comply with a January 1st deadline set out in the federal Help America Vote Act of 2002 (Vote Act)
Deeth Williams Wall https://www.dww.com/articles/us-states-pulling-out-all-stops-to-test-voting-machines

California Court Grapples with Dispute Settlement in a Click-Through Agreement California Court Grapples with Dispute Settlement in a Click-Through Agreement

Litigation
December 7, 2005December 7, 20052015-07-08
In a recent case, Aral v Earthlink Inc, the California Court of Appeal wrestled with the complexities of overlapping federal, state and common law principles regarding the rights of a consumer bound by an online standard form contract to participate in a "reasonable" dispute settlement process.
Deeth Williams Wall https://www.dww.com/articles/california-court-grapples-dispute-settlement-a-clickthrough-agreement

Taste as Trade-mark in the US Taste as Trade-mark in the US

Trademarks
December 7, 2005December 7, 20052015-07-08
A ruling from the US Trademark Trial and Appeal Board (TTAB) is expected imminently on the registrability of the first taste trade-mark in the US. If the TTAB finds in favour of its registrability, this will bring the protection of taste marks in line with other non-traditional marks in the US, such as colours and scents.
Deeth Williams Wall https://www.dww.com/articles/taste-as-trademark-us

Internet Surveillance Bill on Hold for Now Internet Surveillance Bill on Hold for Now

Information Technology
December 7, 2005December 7, 20052015-07-08
On November 15, the federal Minister of Public Safety and Emergency Preparedness introduced the long-awaited Modernization of Investigative Techniques Act ("MITA"). The dissolution of Parliament has killed the bill, but observers agree that it will be back in the New Year, regardless of which party forms the government.
Deeth Williams Wall https://www.dww.com/articles/internet-surveillance-bill-on-hold-for-now

Shape of Lego® Blocks Not Protected by Trade-mark Law in Canada Shape of Lego® Blocks Not Protected by Trade-mark Law in Canada

Trademarks
November 23, 2005November 23, 20052015-07-08
In a much anticipated decision, the Supreme Court of Canada in Kirkbi AG v Ritvik Holdings Inc, 2005 SCC 65, commonly known as the Lego versus Mega Bloks case, upheld both the trial and appeal court decisions that functional elements cannot be protected either by registered trade-marks or by the common law tort of passing off.
Deeth Williams Wall https://www.dww.com/articles/shape-of-lego%C2%AE-blocks-not-protected-by-trademark-law-canada

Sony Implements CD Exchange in Response to Criticism of its XCP Program Sony Implements CD Exchange in Response to Criticism of its XCP Program

Information Technology
November 23, 2005November 23, 20052015-07-08
Sony BMG Music Entertainment (Sony) has recalled all music CDs with Extended Copy Protection (XCP), a program that was designed to prevent illegal copying of the CD, in the face of widespread reaction in the media and from consumers to the unintended consequences of using the program. At least three lawsuits have been filed regarding the XCP program and its problems.
Deeth Williams Wall https://www.dww.com/articles/sony-implements-cd-exchange-response-to-criticism-of-its-xcp-program

The Blackberry® — An Essential (Government) Service? The Blackberry® — An Essential (Government) Service?

Information Technology
November 23, 2005November 23, 20052015-07-08
The US federal government is concerned about possible damage from a disruption to BlackBerry® service stemming from any injunction that may issue in the ongoing patent dispute between Research In Motion Ltd (RIM) and NTP Inc (NTP).
Deeth Williams Wall https://www.dww.com/articles/blackberry%C2%AE-%E2%80%94-an-essential-government-service

A Patent Assignment Can Offend Canada's Competition Act A Patent Assignment Can Offend Canada's Competition Act

Patents
November 23, 2005November 23, 20052015-07-08
In a case which will be closely analyzed by IP lawyers and competition lawyers alike, the Federal Court of Appeal has held that, as a matter of law, a patent assignment can violate competition law. More specifically, an assignment of a patent could constitute an agreement or arrangement to lessen competition unduly, contrary to section 45 of the Competition Act.
Deeth Williams Wall https://www.dww.com/articles/a-patent-assignment-can-offend-canadas-competition-act

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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