Canadian Boaters Face Choppy Copyright Waters Canadian Boaters Face Choppy Copyright Waters

Copyright
April 28, 2004April 28, 20042015-07-08
With the marine recreational season just around the corner, Canadian boaters could literally face uncharted waters. Most boaters use marine charts, which act like road maps, to navigate coastal waters. Although many of the charts remain paper-based, a growing number have become electronic. However, the use of certain electronic charts may be illegal.
Deeth Williams Wall https://www.dww.com/articles/canadian-boaters-face-choppy-copyright-waters

Maryland Introduces Anti-Spam Legislation Maryland Introduces Anti-Spam Legislation

Information Technology
April 28, 2004April 28, 20042015-07-08
Maryland has become the first US state to draft an anti-spamming law intended to work in conjunction with the US federal CAN-SPAM Act that came into effect January 1, 2004.
Deeth Williams Wall https://www.dww.com/articles/maryland-introduces-antispam-legislation

Federal Court of Canada Affirms "Sounded" Test for Design Marks Federal Court of Canada Affirms "Sounded" Test for Design Marks

Trademarks
April 28, 2004April 28, 20042015-07-08
In a previous issue of E-TIPSâ„¢ (Vol 2 No 9 October 9, 2003), the Grill Gear decision was noted in which the Federal Court of Canada, Trial Division, found that when considering descriptiveness of a design mark, both the word component and the design features must be looked at as a whole. In that case the Court held that, as a design mark, it was not accurate to say that, when "sounded", the mark was clearly descriptive of the wares.
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-canada-affirms-sounded-test-for-design-marks

National Academies Advocates a Major Policy Change to US Patent System National Academies Advocates a Major Policy Change to US Patent System

Patents
April 28, 2004April 28, 20042015-07-08
National Academies, a private umbrella organization for providing advice to the US government and the general public, recently published its report on the US Patent system entitled: A Patent System for the 21st Century.
Deeth Williams Wall https://www.dww.com/articles/national-academies-advocates-a-major-policy-change-to-us-patent-system

Canadian Internet Pharmacies Expand Drug Suppliers Canadian Internet Pharmacies Expand Drug Suppliers

Food and Drug
April 28, 2004April 28, 20042015-07-08
As noted in the preceding issue of E-TIPSâ„¢ (Vol 2 No 22 April 14, 2004), several pharmaceutical companies are taking steps to choke off the cross-border flow of cheaper medicines from Canadian Internet pharmacies to consumers in the US. Supplies to some Canadian wholesalers are reported to have been restricted where the wholesalers have continued to facilitate US exports via Internet ordering.
Deeth Williams Wall https://www.dww.com/articles/canadian-internet-pharmacies-expand-drug-suppliers

Alberta and BC Privacy Laws Exempt from Full Application of PIPEDA Alberta and BC Privacy Laws Exempt from Full Application of PIPEDA

Privacy
April 14, 2004April 14, 20042015-09-23
As anticipated by many commentators, the Canadian federal government has formally exempted from the scope of its comprehensive private sector privacy legislation, the Personal Information Protection and Electronic Documents Act (PIPEDA), the collection, use or disclosure of personal information that occurs within the provinces of Alberta or British Columbia by organizations, other than a "federal work, undertaking or business", to which either the Personal Information Protection Act, SA 2003, c P-6.5 (Alberta) or the Personal Information Protection Act, SBC 2003, c 63 (British Columbia) applies. This follows from the federal government's finding that the provisions of the legislation in these two provinces are "substantially similar" to those of PIPEDA. (Such an exemption has already been granted regarding comparable legislation in Quebec).
Deeth Williams Wall https://www.dww.com/articles/alberta-and-bc-privacy-laws-exempt-from-full-application-of-pipeda

BC Court Rules That Internet Chat Room Owner Acted Reasonably in Responding to Defamatory Material BC Court Rules That Internet Chat Room Owner Acted Reasonably in Responding to Defamatory Material

Litigation
April 14, 2004April 14, 20042015-09-23
In a case concerning Internet defamation, the BC Supreme Court ruled that the British Columbia Federation of Foster Parents Association (the Federation) acted reasonably in responding to defamatory material posted to a chat room on its web site.
Deeth Williams Wall https://www.dww.com/articles/bc-court-rules-internet-chat-room-owner-acted-reasonably-responding-to-defamatory-material

New European Technology Transfer Regulations New European Technology Transfer Regulations

Information Technology
April 14, 2004April 14, 20042015-07-08
New regulations expected to take effect May 1, 2004 under European Union competition laws may complicate technology licensing in Europe. The European Technology Transfer Block Exemption Regulation (TTBER) provides a blanket exemption from EU competition law for patent, know-how and software copyright licenses that meet certain specified criteria. However, changes in the Regulations may make it more difficult to know in advance which license terms will be permitted.
Deeth Williams Wall https://www.dww.com/articles/new-european-technology-transfer-regulations

File Sharing in Canada: A Follow-up to the CRIA Case File Sharing in Canada: A Follow-up to the CRIA Case

Copyright
April 14, 2004April 14, 20042015-07-08
As reported in the E-Tips Special Report (Vol 2, No 21, March 31, 2004), the Federal Court of Canada dismissed the Canadian Recording Industry Association's (CRIA) motion to compel several Internet Service Providers (ISPs) to disclose the names of customers who allegedly traded music on the Internet.In reaching its decision, the Court made three key findings:
Deeth Williams Wall https://www.dww.com/articles/file-sharing-canada-a-followup-to-cria-case

Antigua & Barbuda Prevail Over US in WTO Ruling to Permit Online Gambling Antigua & Barbuda Prevail Over US in WTO Ruling to Permit Online Gambling

Information Technology
April 14, 2004April 14, 20042015-07-08
On March 24, 2004, a WTO panel made its interim finding that the twin island nation of Antigua and Barbuda (population 67,000) was successful in its complaint against the United States: "United States – Measures Affecting the Cross-Border Supply of Gambling and Betting Services" (WT/DS285). The complaint alleged that US federal and state legislation making it an offence for US banks to process online gambling transactions violates the General Agreement on the Trade of Service (GATS). Such US legislation effectively prohibits all supply of gambling services from outside the US, even though US companies carry on gambling businesses both domestically and internationally. In effect, argued the successful complainant, the US had engaged in anti-competitive protectionism of its domestically-owned gambling industry.
Deeth Williams Wall https://www.dww.com/articles/antigua-barbuda-prevail-over-us-wto-ruling-to-permit-online-gambling

Moves and Counter-Moves Affecting Canadian Internet Pharmacies Moves and Counter-Moves Affecting Canadian Internet Pharmacies

Information Technology
April 14, 2004April 14, 20042015-07-08
While the importation of drugs via Canadian Internet pharmacies remains an issue hotly debated in the US by federal and State governments, individual US residents continue to purchase prescription drugs from these pharmacies. Not surprisingly, therefore, pharmaceutical companies are taking steps to constrain this cross-border activity.
Deeth Williams Wall https://www.dww.com/articles/moves-and-countermoves-affecting-canadian-internet-pharmacies

The Antidote to Spam: Law or Technology? The Antidote to Spam: Law or Technology?

Information Technology
April 14, 2004April 14, 20042015-07-08
Almost a year ago, Internet service providers Microsoft, AOL, and Yahoo formed the Anti-Spam Technical Alliance (APTA) and undertook to develop technical standards and guidelines that would work for any software or hardware systems in the fight against spam. These ISPs, together with Earthlink, were in the news recently for launching their first joint legal attack against bulk e-mailers under the US Can-Spam Act, see E-TIPSâ„¢ (Vol 2, No 21, March 31, 2004). However, a technical solution may be more effective than a legal one to combat the continuing flood of spam which, it is estimated, makes up 50 to 90 per cent of all e-mail and costs US companies $1 billion per year in security, human resources and productivity.
Deeth Williams Wall https://www.dww.com/articles/antidote-to-spam-law-or-technology

Next Steps: The Aftermath Following the Dismissal by the Federal Court of Canada of CRIA's Motion For Disclosure In File Sharing Suits Next Steps: The Aftermath Following the Dismissal by the Federal Court of Canada of CRIA's Motion For Dis...

Litigation
April 14, 2004April 14, 20042015-07-08
© 2004, Deeth Williams Wall. All Rights Reserved By: Colin Adams, Student at Law (April 14, 2004) As reported in the E-Tips Special Report (Vol 2, No 21, March 31, 2004), the Federal Court of Canada dismissed the Canadian Recording Industry Association's (CRIA) motion to compel several Internet Service Providers (ISPs) to disclose the names of customers who allegedly traded music on the Internet.
Deeth Williams Wall https://www.dww.com/articles/next-steps-aftermath-following-dismissal-by-federal-court-of-canada-of-crias-motion-for

Special Report: Federal Court of Canada Dismisses CRIA's Motion For Disclosure In File Sharing Suit Special Report: Federal Court of Canada Dismisses CRIA's Motion For Disclosure In File Sharing Suit

Litigation
March 31, 2004March 31, 20042015-07-08
In a highly anticipated decision, the Federal Court of Canada today dismissed the Canadian Recording Industry Association's (CRIA) motion to compel several Internet Service Providers (ISPs) to disclose the names of customers who traded music on the Internet.
Deeth Williams Wall https://www.dww.com/articles/special-report-federal-court-of-canada-dismisses-crias-motion-for-disclosure-file-sharing

Europeans Impose Record Fine on Microsoft for Anti-Competitive Practices Europeans Impose Record Fine on Microsoft for Anti-Competitive Practices

Information Technology
March 31, 2004March 31, 20042015-07-08
On March 24, 2004, the European Commission (EC) concluded a five-year investigation of Microsoft by imposing a fine of €497.2 million (over US$600 million) for anti-competitive practices in relation to its server and digital media player software in the European Union (EU).
Deeth Williams Wall https://www.dww.com/articles/europeans-impose-record-fine-on-microsoft-for-anticompetitive-practices

CanadaRx Sues Health Canada CanadaRx Sues Health Canada

Food and Drug
March 31, 2004March 31, 20042015-07-08
It was recently noted (in a news report no longer available on the web site), that CanadaRx Corp (CanadaRx) has brought an action in the Federal Court of Canada to prevent Health Canada from inspecting its facility. Although Health Canada has taken the position that the proposed inspection was merely part of its program of random inspections of Internet pharmacies, CanadaRx claims that it was being penalized for selling its cheaper drugs to Americans.
Deeth Williams Wall https://www.dww.com/articles/canadarx-sues-health-canada

CAN-SPAM Act Survey Released CAN-SPAM Act Survey Released

Information Technology
March 31, 2004March 31, 20042015-07-08
The results of a recent survey put into question the effectiveness of the US CAN-SPAM Act, America's first federal anti-spam legislation, which came into force on January 1, 2004. The statute represents an attempt to regulate spamming by prohibiting some common spamming techniques such as falsifying senders' true identities, using misleading subject lines and improperly harvesting e-mail addresses.
Deeth Williams Wall https://www.dww.com/articles/canspam-act-survey-released

US Embargo Against Cuba Affects Canadian Internet Entrepreneurs US Embargo Against Cuba Affects Canadian Internet Entrepreneurs

Information Technology
March 31, 2004March 31, 20042015-07-08
Recently, the decades-old US embargo against trade with Cuba has been invoked against Canadians, this time involving business activity carried on over the Internet. Hola Sun Holidays Limited (Hola) has been designated by the US Treasury Department, Office of Foreign Asset Control, as a Cuban-controlled entity. As a result of this designation, anyone governed by US jurisdiction is prohibited from doing business with Hola under the US Trading With The Enemy Act (1917). (While newspaper reports speculated whether the US designation derived from a mistaken perception that the Toronto owner of Hola, Fidel Ferrer Castro, is a relative of the Cuban dictator, nevertheless the designation stands).
Deeth Williams Wall https://www.dww.com/articles/us-embargo-against-cuba-affects-canadian-internet-entrepreneurs

Canadian Corporation Meets with Mixed Success in US Internet Litigation Canadian Corporation Meets with Mixed Success in US Internet Litigation

Litigation
March 31, 2004March 31, 20042015-09-23
On February 20, 2004, the District Court for the Southern District of New York ruled on a motion to dismiss several claims advanced by a Canadian plaintiff corporation, IMS Inquiry Management Systems (IMS). The case involved the unauthorized use and alleged content appropriation of IMS' web-based advertising tracking software, "e-Basket", by the defendant, Berkshire Information Systems Inc (Berkshire).
Deeth Williams Wall https://www.dww.com/articles/canadian-corporation-meets-mixed-success-us-internet-litigation

Long Awaited Supreme Court of Canada Decision on Copyright in Legal Reasons Long Awaited Supreme Court of Canada Decision on Copyright in Legal Reasons

Copyright
March 17, 2004March 17, 20042015-07-08
On March 4th, the Supreme Court of Canada released a landmark decision, CCH Canadian Ltd v Law Society of Upper Canada, overturning earlier rulings that the Law Society of Upper Canada had infringed copyright in certain publishers' works. The Law Society maintains and operates the Great Library, a research library with one of the largest collections of legal materials in Canada. It provides a request-based photocopy service for authorized researchers and self-service photocopiers for use by its patrons. The respondent legal publishers had brought copyright infringement actions against the Law Society in 1993.
Deeth Williams Wall https://www.dww.com/articles/long-awaited-supreme-court-of-canada-decision-on-copyright-legal-reasons

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.