Federal Court of Appeal of Canada Dismisses Motion to Stay the Judgment Issued in the First Judicial Review Under the New CSP Regime Federal Court of Appeal of Canada Dismisses Motion to Stay the Judgment Issued in the First Judicial Revi...

Patent
September 9, 2020September 9, 20202020-09-09
On August 31, 2020, in Canada (Health) v Glaxosmithkline Biologicals SA, 2020 FCA 135, the Federal Court of Appeal of Canada (the Court) dismissed a motion by the Minister of Health (the Minister) to stay the judgement of the Federal Court issued on April 7, 2020 (2020 FC 397) until the appeal is determined.
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-appeal-of-canada-dismisses-motion-to-stay-judgment-issued-first-judicial

The Privacy Commissioner of Canada Writes on COVID Alert and Privacy in the Pandemic The Privacy Commissioner of Canada Writes on COVID Alert and Privacy in the Pandemic

Privacy
September 9, 2020September 9, 20202020-09-09
On August 27, 2020, the Privacy Commissioner of Canada (Commissioner) shared with members of two parliamentary committees his response to an information request on the privacy implications of the federal government’s COVID-19 exposure notification application, COVID Alert.
Deeth Williams Wall https://www.dww.com/articles/privacy-commissioner-of-canada-writes-on-covid-alert-and-privacy-pandemic

Office of the Privacy Commissioner of Canada Releases Newly Updated Privacy Guide for Businesses Office of the Privacy Commissioner of Canada Releases Newly Updated Privacy Guide for Businesses

Privacy
August 26, 2020August 26, 20202020-08-26
On August 13, 2020, the Office of the Privacy Commissioner of Canada (OPC) released the new Privacy Guide for Businesses (the Guide). The Guide provides organizations with a summary of the Personal Information Protection and Electronic Documents Act (PIPEDA) and explains how it applies. The goal of the Guide is to make it easier for businesses to protect their customers’ privacy and comply with PIPEDA.
Deeth Williams Wall https://www.dww.com/articles/office-of-privacy-commissioner-of-canada-releases-newly-updated-privacy-guide-for

Federal Court of Canada Grants Injunction in Trademark Infringement Action Against Every Green International Inc. in Relation to Grey Market Goods Federal Court of Canada Grants Injunction in Trademark Infringement Action Against Every Green Internatio...

Trademark and Copyright Litigation
August 26, 2020August 26, 20202020-08-26
On August 4, 2020, in TFI Foods Ltd v Every Green International Inc, 2020 FC 808, the Federal Court of Canada (the Court) issued an interlocutory injunction enjoining Every Green International Inc. (Every Green) from selling any products bearing the I-MEI trademark with labels identifying Every Green as the exclusive distributor, and requiring Every Green to recall all products with such labelling.
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-canada-grants-injunction-trademark-infringement-action-against-every

Canadian Revenue Agency Online Accounts Targeted by Cyberattack Canadian Revenue Agency Online Accounts Targeted by Cyberattack

Privacy
August 26, 2020August 26, 20202020-08-26
On August 15, 2020, the Government of Canada released a Statement advising that GCKey service and Canadian Revenue Agency (CRA) accounts were the subject of “credential stuffing” attacks and that online CRA services would be temporarily disabled as a precaution.
Deeth Williams Wall https://www.dww.com/articles/canadian-revenue-agency-online-accounts-targeted-by-cyberattack

US Court of Appeal Overturns Tiffany & Co's $21M Judgment Against Costco Wholesale in Trademark Action US Court of Appeal Overturns Tiffany & Co's $21M Judgment Against Costco Wholesale in Trademark Action

Trademark and Copyright Litigation
August 26, 2020August 26, 20202020-08-26
On August 17, 2020, the US Court of Appeals for the Second Circuit (the Court) released its decision in Tiffany and Co et al v Costco Wholesale Corp, No. 17-2798, overturning the district court’s judgement for Tiffany and Co. (Tiffany).
Deeth Williams Wall https://www.dww.com/articles/us-court-of-appeal-overturns-tiffany-cos-21m-judgment-against-costco-wholesale-trademark

Ontario Provincial Government Seeks Input on How to Bolster Privacy Protection of Personal Data Ontario Provincial Government Seeks Input on How to Bolster Privacy Protection of Personal Data

Privacy
August 26, 2020August 26, 20202020-08-26
On August 13, 2020, the province of Ontario (the Province) launched consultations with people and businesses from a wide range of sectors, including technology, finance and service, and the Information and Privacy Commissioner of Ontario in an effort to improve the province’s privacy protection laws. The Province’s overarching goal of these consultations is to strengthen transparency and accountability concerning the collection, use and safeguarding of personal information online.
Deeth Williams Wall https://www.dww.com/articles/ontario-provincial-government-seeks-input-on-how-to-bolster-privacy-protection-of-personal

What is Happening with my Canadian Trademark Application? What is Happening with my Canadian Trademark Application?

Trademark
August 19, 2020August 19, 20202020-08-19
We are asked this all the time. It is a good question. We explain in this article how recent developments have impacted the progress of trademark applications in Canada.
Deeth Williams Wall https://www.dww.com/articles/what-happening-my-canadian-trademark-application

Privacy Commissioner of Canada Finds Bank Properly Protects Customer Information Transferred to Third Parties for Processing Privacy Commissioner of Canada Finds Bank Properly Protects Customer Information Transferred to Third Par...

Privacy
August 12, 2020August 12, 20202020-08-12
In 2017, a former TD employee filed a complaint with the Office of the Privacy Commissioner of Canada regarding the outsourcing of TD’s fraud claim investigations to service providers operating in India. The Commissioner recently released its Report of Findings in respect of the complaint.
Deeth Williams Wall https://www.dww.com/articles/privacy-commissioner-of-canada-finds-bank-properly-protects-customer-information

Federal Court of Appeal of Canada Clarifies Jurisdiction of the Federal Court on Matters of Patent Ownership Involving Contracts Federal Court of Appeal of Canada Clarifies Jurisdiction of the Federal Court on Matters of Patent Owners...

Patent
August 12, 2020August 12, 20202020-08-12
On July 28, 2020, the Federal Court of Appeal of Canada (FCA) in Salt Canada Inc v Baker, 2020 FCA 127, clarified the powers of the Federal Court to adjudicate title to a patent under section 52 of the Patent Act, including engaging in interpretation of contractual agreements and other commercial instruments between private parties, to ensure that the records of the Patent Office reflect the correct legal situation.
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-appeal-of-canada-clarifies-jurisdiction-of-federal-court-on-matters-of

US Federal Circuit Finds Patent Trial and Appeal Board Complied with Administrative Procedures Act and Affirms Obviousness Findings US Federal Circuit Finds Patent Trial and Appeal Board Complied with Administrative Procedures Act and Af...

Patent
August 12, 2020August 12, 20202020-08-12
On July 29, 2020, the US Federal Circuit (the Court) released its decision in FanDuel, Inc v Interactive Games LLC, No. 19-1393 (Fed. Cir. 2020), affirming the decision of the Patent Trial and Appeal Board (PTAB) finding that FanDuel, Inc (FanDuel) failed to prove that claim 6 of Interactive Games LLC (IG)’s patent for a system for remote gambling via mobile phones was obvious.
Deeth Williams Wall https://www.dww.com/articles/us-federal-circuit-finds-patent-trial-and-appeal-board-complied-administrative-procedures

Federal and Ontario Privacy Commissioners Release Privacy Review of Canadian Government’s COVID Alert Application and Support Use of the Application Federal and Ontario Privacy Commissioners Release Privacy Review of Canadian Government’s COVID Alert App...

Privacy
August 12, 2020August 12, 20202020-08-12
On July 31, 2020, the Office of the Privacy Commissioner of Canada and the Office of the Information and Privacy Commissioner of Ontario (collectively, the commissioners) issued a news release supporting use of the COVID-19 tracing application developed by the Canadian federal government, COVID Alert, after completing their review of the application and undergoing in-depth discussions with the federal and Ontario governments.
Deeth Williams Wall https://www.dww.com/articles/federal-and-ontario-privacy-commissioners-release-privacy-review-of-canadian-government%E2%80%99s

Federal Court of Canada Further Considers Certificate of Supplementary Protection Regime Federal Court of Canada Further Considers Certificate of Supplementary Protection Regime

Patent
August 12, 2020August 12, 20202020-08-12
On July 10, 2020, in ViiV Healthcare ULC v Canada (Health), 2020 FC 756, the Federal Court of Canada (the Court) found the decision of the Minister of Health (the Minister) denying a Certificate of Supplementary Protection (CSP) in respect of Canadian Patent No. 2,606,282 (the 282 Patent) and the drug JULUCA® unreasonable. The matter was remitted to the Minister for redetermination.
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-canada-further-considers-certificate-of-supplementary-protection-regime

Supreme Court of Canada Upholds Genetic Non-Discrimination Act Supreme Court of Canada Upholds Genetic Non-Discrimination Act

Privacy
July 29, 2020July 29, 20202020-07-29
On July 10, 2020, the Supreme Court of Canada (SCC), in Reference re Genetic Non-Discrimination Act (2020 SCC 17), upheld the Genetic Non-Discrimination Act (the Genetic NDA) as constitutional, acknowledging an individual’s right to privacy over genetic information.
Deeth Williams Wall https://www.dww.com/articles/supreme-court-of-canada-upholds-genetic-nondiscrimination-act

CJEU Invalidates the EU-US Privacy Shield for the Transfer of Personal Data under the GDPR CJEU Invalidates the EU-US Privacy Shield for the Transfer of Personal Data under the GDPR

Privacy
July 29, 2020July 29, 20202020-07-29
On July 16, 2020, the Court of Justice of the European Union (CJEU) released its decision in Data Protection Commissioner v Facebook Ireland Limited and Maximillian Schrems (C-311/18), declaring the EU-US Privacy Shield to be invalid on the basis that it does not provide adequate protection for transferring personal data from the European Union (EU) to third parties in the United States (US).
Deeth Williams Wall https://www.dww.com/articles/cjeu-invalidates-euus-privacy-shield-for-transfer-of-personal-data-under-gdpr

Ontario Government Announces Intellectual Property Action Plan Ontario Government Announces Intellectual Property Action Plan

Intellectual Property
July 29, 2020July 29, 20202020-07-29
On July 17, 2020, the government of Ontario (the government) announced the province’s first Intellectual Property Action Plan (the Action Plan). The Action Plan is intended to drive Ontario’s competitiveness by prioritizing intellectual property (IP) generation, protection and commercialization, especially as Ontario recovers from the economic downturn caused by the COVID-19 pandemic. The unveiling of the Action Plan coincides with the government’s announcement of a second round of research projects supported through the Ontario COVID-19 Rapid Research Fund.
Deeth Williams Wall https://www.dww.com/articles/ontario-government-announces-intellectual-property-action-plan

Office of the Privacy Commissioner Publishes Open Letter on Global Privacy Expectations of Video Teleconference Providers Office of the Privacy Commissioner Publishes Open Letter on Global Privacy Expectations of Video Teleconf...

Privacy
July 29, 2020July 29, 20202020-07-29
On July 21, 2020, the Office of the Privacy Commissioner of Canada published a news release and an open letter to video teleconferencing companies (VTC companies) outlining the obligation to comply with data protection and privacy laws and responsibly handle the personal information of its users.
Deeth Williams Wall https://www.dww.com/articles/office-of-privacy-commissioner-publishes-open-letter-on-global-privacy-expectations-of
Patent
July 29, 2020July 29, 20202020-07-29
On July 3, 2020, the Canadian Intellectual Property Office released a Practice Notice clarifying Patent Office practices with respect to requests to record a transfer under s. 49 of the Patent Act and s. 126 of the Patent Rules, requests to record a change of name under s. 125 of the Patent Rules, and requests to register documents under s. 124 of the Patent Rules.
Deeth Williams Wall https://www.dww.com/articles/canadian-intellectual-property-office-releases-practice-notice-detailing-requirements-for

Federal Court of Canada Holds Parts of the Recent Amendments to the Patented Medicines Regulations Ultra Vires the Patent Act Federal Court of Canada Holds Parts of the Recent Amendments to the Patented Medicines Regulations Ultra ...

Patent
July 14, 2020July 14, 20202020-07-15
On June 29, 2020, the Federal Court of Canada (the Court) issued its decision in Innovative Medicines Canada v Canada (Attorney General), 2020 FC 725, challenging the validity of certain provisions of the Regulations Amending the Patented Medicines Regulations (Additional Factors and Information Reporting Requirements) SOR/2019-298 (the Amendments) set to come into force on January 1, 2021.
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-canada-holds-parts-of-recent-amendments-to-patented-medicines-regulations

Privacy Commissioner of Canada Announces Clearview AI Will Cease Offering Facial Recognition Technology in Canada Privacy Commissioner of Canada Announces Clearview AI Will Cease Offering Facial Recognition Technology i...

Privacy
July 14, 2020July 14, 20202020-07-15
On July 6, 2020, the Office of the Privacy Commissioner of Canada (OPC) announced that US-based company, Clearview AI, has advised the OPC that it will cease offering facial recognition services in Canada. This includes the indefinite suspension of Clearview AI’s contract with the Royal Canadian Mounted Police (RCMP), its last Canadian client.
Deeth Williams Wall https://www.dww.com/articles/privacy-commissioner-of-canada-announces-clearview-ai-will-cease-offering-facial

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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