The Federal Court Upholds PMPRB Decision The Federal Court Upholds PMPRB Decision

Pharmaceutical Patent Litigation
July 10, 2019July 10, 20192019-07-10
On June 12, 2019, in Alexion Pharmaceuticals Inc. v. The Attorney General of Canada, 2019 FC 734, the Federal Court (the Court) dismissed an application by Alexion Pharmaceuticals Inc.
Deeth Williams Wall https://www.dww.com/articles/federal-court-upholds-pmprb-decision

US District Court for the Southern District of New York Declares That Andy Warhol’s “Prince Series” Falls under the Fair Use Exception US District Court for the Southern District of New York Declares That Andy Warhol’s “Prince Series” Falls...

Trademark and Copyright Litigation
July 10, 2019July 10, 20192019-07-10
On July 1, 2019, the US District Court for the Southern District of New York (Court) issued its decision in The Andy Warhol Foundation For the Visual Arts, Inc. v. Lynn Goldsmith et al. ruling that artist Andy Warhol’s series of portraits based on Lynn Goldsmith’s photograph of the singer Prince are protected by the fair use doctrine.
Deeth Williams Wall https://www.dww.com/articles/us-district-court-for-southern-district-of-new-york-declares-andy-warhol%E2%80%99s-%E2%80%9Cprince-series%E2%80%9D

Desjardins Suffers Data Breach Affecting 2.9 Million Members Desjardins Suffers Data Breach Affecting 2.9 Million Members

Privacy
June 26, 2019June 26, 20192019-06-26
On June 20, 2019, Desjardins Group (Desjardins) announced a data breach affecting the personal information of approximately 2.9 million of its customers. The data breach, which affected approximately 2.7 million people and 173,000 businesses, was caused by an “ill-intentioned” employee who shared the information with others outside of the financial institution.
Deeth Williams Wall https://www.dww.com/articles/desjardins-suffers-data-breach-affecting-29-million-members

Spanish Soccer League Violates Privacy Laws With Spying App Spanish Soccer League Violates Privacy Laws With Spying App

Privacy
June 26, 2019June 26, 20192019-06-26
On June 11, 2019, the Spanish Agency for Data Protection (AEPD) fined LaLiga, the professional soccer league of Spain, €250,000 for breaching Articles 5.1 and 7.3 of the General Data Protection Regulation (GDPR). LaLiga allegedly violated the GDPR by using their mobile application (App) to discover the location of venues illegally broadcasting soccer matches.
Deeth Williams Wall https://www.dww.com/articles/spanish-soccer-league-violates-privacy-laws-spying-app

US Supreme Court Blocks Federal Agencies from Challenging Patents US Supreme Court Blocks Federal Agencies from Challenging Patents

Patent
June 26, 2019June 26, 20192019-06-26
On June 10, 2019, the Supreme Court of the United States (Court) issued its decision in Return Mail Inc v United States Postal Service, ruling that the federal government is not a “person” for the purposes of the America Invents Act (AIA). 
Deeth Williams Wall https://www.dww.com/articles/us-supreme-court-blocks-federal-agencies-from-challenging-patents

Federal Court of Appeal Upholds Decision Finding Osmolarity System Patent Invalid Federal Court of Appeal Upholds Decision Finding Osmolarity System Patent Invalid

Patent
June 26, 2019June 26, 20192019-06-26
On June 13, 2019, in Tearlab Corporation v I-MED Pharma Inc, 2019 FCA 179, the Federal Court of Appeal (Court) upheld a Federal Court decision (2018 FC 164) holding that I-MED Pharma Inc (I-MED) infringed certain claims with respect to Canadian Patent No.
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-appeal-upholds-decision-finding-osmolarity-system-patent-invalid

OPC Reframes Consultation on Transborder Dataflows OPC Reframes Consultation on Transborder Dataflows

Privacy
June 26, 2019June 26, 20192019-06-26
In response to the Federal Government’s announcement of its Digital Charter and related white paper, the Office of the Privacy Commissioner (OPC) has reframed its recent consultations on the issue of transfers for processing, including transborder transfers, as previously reported by the E-TIPS® Newsletter here and here.
Deeth Williams Wall https://www.dww.com/articles/opc-reframes-consultation-on-transborder-dataflows

Legislative Update: Edible Cannabis, Cannabis Extracts and Cannabis Topicals Legislative Update: Edible Cannabis, Cannabis Extracts and Cannabis Topicals

Regulatory Law
June 26, 2019June 26, 20192019-06-26
On June 26, 2019, Health Canada published its amended Cannabis Regulations which govern the production and sale of edible cannabis, cannabis extracts and cannabis topicals (as previously reported in E-TIPS® Newsletter here). The amended regulations will come into force on October 17, 2019. With respect to edible cannabis, the amended regulations:
Deeth Williams Wall https://www.dww.com/articles/legislative-update-edible-cannabis-cannabis-extracts-and-cannabis-topicals

Standing Committee Releases Statutory Review of Copyright Act Report Standing Committee Releases Statutory Review of Copyright Act Report

Copyright
June 26, 2019June 26, 20192019-06-26
On June 3, 2019, the Standing Committee on Industry, Science and Technology (Committee) released its "Statutory Review of the Copyright Act" report (Report).  The Report is the result of an eighteen month period where the Committee heard from hundreds of witnesses to assess the current state of copyright law in Canada, and what reform, if any, the Committee recommends going forward. The 182 page Report outlines 36 recommendations, which focus on:
Deeth Williams Wall https://www.dww.com/articles/standing-committee-releases-statutory-review-of-copyright-act-report

Federal Court Clarifies Right of Action under Subsection 6(1) of PM(NOC) Regulations Federal Court Clarifies Right of Action under Subsection 6(1) of PM(NOC) Regulations

Pharmaceutical Patent Litigation
June 12, 2019June 12, 20192019-06-12
On May 7, 2019, the Federal Court (the "Court") issued the decision Teva Canada Innovation v Pharmascience Inc., 2019 FC 595 in which it clarified the scope of actions that can be brought under subsection 6(1) of the Patented Medicines (Notice of Compliance) Regulations (the "Regulations").  Subsection 6(1) allows patentees to bring an action for a declaration that the future distribution of a drug would infringe their patent.  The decision addressed the issue of whether subsectio
Deeth Williams Wall https://www.dww.com/articles/federal-court-clarifies-right-of-action-under-subsection-61-of-pmnoc-regulations

Poland Challenges European Copyright Directive Poland Challenges European Copyright Directive

Copyright
June 12, 2019June 12, 20192019-06-12
On May 24, 2019, Poland officially challenged the Copyright Directive (“Directive”), by filing a complaint with the Court of Justice of the European Union. Poland claims Article 15 of the Directive amounts to digital censorship.
Deeth Williams Wall https://www.dww.com/articles/poland-challenges-european-copyright-directive

Proposed Regulations Amending the Food and Drugs Act (Improving Access to Generics) Published Proposed Regulations Amending the Food and Drugs Act (Improving Access to Generics) Published

Food and Drug
June 12, 2019June 12, 20192019-06-12
On March 30, 2019, the new proposed Regulations Amending the Food and Drug Regulations (Improving Access to Generics) (the "Regulations") were published in Canada Gazette, Part I. The proposed Regulations seek to improve access to generic medicines in Canada by clarifying the eligibility criteria of the Abbreviated New Drug Submission (“ANDS”) pathway for approving certain generic drugs.
Deeth Williams Wall https://www.dww.com/articles/proposed-regulations-amending-food-and-drugs-act-improving-access-to-generics-published

Kawhi Leonard Files “Klaw” Suit Against Nike Kawhi Leonard Files “Klaw” Suit Against Nike

Trademark and Copyright Litigation
June 12, 2019June 12, 20192019-06-12
On June 3, 2019, Toronto Raptors forward Kawhi Leonard filed a lawsuit against Nike Inc. ("Nike") seeking a declaratory judgement that: (i) Leonard is the sole author of the "Klaw" logo; (ii) Leonard’s use of the "Klaw" logo does not infringe any rights of Nike; and (iii) Nike committed fraud in registering the "Klaw" logo with the US Copyright Office.
Deeth Williams Wall https://www.dww.com/articles/kawhi-leonard-files-%E2%80%9Cklaw%E2%80%9D-suit-against-nike

Federal Court Expunges Trademark Due to Lack of Distinctiveness Federal Court Expunges Trademark Due to Lack of Distinctiveness

Trademark and Copyright Litigation
June 12, 2019June 12, 20192019-06-12
On May 18, 2019, the Federal Court of Canada (FCC) ruled in favor of 8073902 Canada Inc. and Ice Cold Distributions Inc. (Ice Cold) and expunged the trademark for “DIAL-A-BOTTLE” in 8073902 Canada Inc. v Vardy (2019 FC 743).
Deeth Williams Wall https://www.dww.com/articles/federal-court-expunges-trademark-due-to-lack-of-distinctiveness

Bill C-100 Implementing CUSMA Tabled for First Reading but Surprisingly Silent on Extension of General Copyright Term Bill C-100 Implementing CUSMA Tabled for First Reading but Surprisingly Silent on Extension of General Co...

Copyright
June 12, 2019June 12, 20192019-06-12
On May 29, 2019, the Canadian government tabled Bill C-100 (the "Bill"), entitled "An Act to implement the Agreement between Canada, the United States of America and the United Mexican States", for its first reading in the House of Commons. 
Deeth Williams Wall https://www.dww.com/articles/bill-c100-implementing-cusma-tabled-for-first-reading-but-surprisingly-silent-on-extension

Federal Government Announces New Digital Charter Federal Government Announces New Digital Charter

Privacy
May 29, 2019May 29, 20192019-05-29
On May 21, 2019, Innovation Minister Navdeep Bains announced a new digital charter (Digital Charter) which, through its 10 principles, the federal government promises to “build a foundation of trust for Canadians in the digital sphere.” Also announced was an initial set of actions which serve to implement the Charter's principles including proposals to modernize the Personal Information Protection and Electronic Documents Act (PIPEDA).
Deeth Williams Wall https://www.dww.com/articles/federal-government-announces-new-digital-charter

Further Amendments to the Trademark Regulations Published in Canada Gazette Further Amendments to the Trademark Regulations Published in Canada Gazette

Trademark
May 29, 2019May 29, 20192019-05-29
On May 15, 2019, the Government of Canada published Regulations Amending the Trademarks Regulations (Trademark Regulations) in the Canada Gazette, Part II.  The amendments remove complex provisions previously added to eliminate potential misuse of the divisional application process that could have allowed applicants to circumvent opposition.
Deeth Williams Wall https://www.dww.com/articles/further-amendments-to-trademark-regulations-published-canada-gazette

Ireland Launches Investigation into Google’s Online Advertising Practices Ireland Launches Investigation into Google’s Online Advertising Practices

Privacy
May 29, 2019May 29, 20192019-05-29
On May 22, 2019, Ireland’s Data Protection Commission announced an investigation into Google Ireland Limited’s ("Google") collection and processing of personal data in the context of its online Ad Exchange.
Deeth Williams Wall https://www.dww.com/articles/ireland-launches-investigation-into-google%E2%80%99s-online-advertising-practices

Is Change in the Air for Patentable Subject Matter? Is Change in the Air for Patentable Subject Matter?

Patent
May 29, 2019May 29, 20192019-05-29
Those dismayed by recent trends in denying patent applications or invalidating issued patents on the basis of judicially created exemptions to the definition of patentable subject matter in Section 101 of the US Patent Act have some cause for home.
Deeth Williams Wall https://www.dww.com/articles/change-air-for-patentable-subject-matter

US Court Finds Qualcomm Engaged in Anticompetitive Behaviour in the Modem Chip Market US Court Finds Qualcomm Engaged in Anticompetitive Behaviour in the Modem Chip Market

Information Technology
May 29, 2019May 29, 20192019-05-29
On May 21, 2019, the United States District Court for the Northern District of California (Court) issued a decision in Federal Trade Commission v Qualcomm Inc., concluding that the defendant Qualcomm Inc. (Qualcomm) engaged in anticompetitive behavior in breach of the Sherman Antitrust Act.
Deeth Williams Wall https://www.dww.com/articles/us-court-finds-qualcomm-engaged-anticompetitive-behaviour-modem-chip-market

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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