Canadian Centre For Cyber Security Releases Baseline Cyber Threat Assessment On Cybercrime Canadian Centre For Cyber Security Releases Baseline Cyber Threat Assessment On Cybercrime

Cybersecurity
September 20, 2023September 20, 20232023-09-20
On August 28, 2023, the Canadian Centre for Cyber Security (the Centre) released its cyber security guidance document entitled “Baseline Cyber Threat Assessment: Cybercrime” (the Assessment), which describes the historical and current threat that global cybercrime poses to Canada and Canadians.
Deeth Williams Wall https://www.dww.com/articles/canadian-centre-for-cyber-security-releases-baseline-cyber-threat-assessment-on-cybercrime

Office Of The Privacy Commissioner Of Canada Issues Joint Statement On Data Scraping And Protection Of Privacy Office Of The Privacy Commissioner Of Canada Issues Joint Statement On Data Scraping And Protection Of Pr...

Privacy
September 6, 2023September 6, 20232023-09-06
On August 24, 2023, the Office of the Privacy Commissioner of Canada issued a joint statement on data scraping and the protection of privacy (the Joint Statement).
Deeth Williams Wall https://www.dww.com/articles/office-of-privacy-commissioner-of-canada-issues-joint-statement-on-data-scraping-and

Government Of Canada Launches Consultation On Code Of Practice For Generative AI Systems Government Of Canada Launches Consultation On Code Of Practice For Generative AI Systems

Information Technology
September 6, 2023September 6, 20232023-09-06
On August 16, 2023, Innovation, Science and Economic Development Canada (ISED) launched a public consultation seeking stakeholder feedback on a new code of practice (the Code) for generative artificial intelligence (AI) systems. The Code is meant to offer interim guidance for companies currently developing and using AI systems until the Artificial Intelligence and Data Act (AIDA) comes into force.
Deeth Williams Wall https://www.dww.com/articles/government-of-canada-launches-consultation-on-code-of-practice-for-generative-ai-systems

British Columbia Court Of Appeal Upholds Decision Finding That An Employer Is Vicariously Liable For Its Employee’s Breach Of Privacy British Columbia Court Of Appeal Upholds Decision Finding That An Employer Is Vicariously Liable For Its ...

Privacy
September 6, 2023September 6, 20232023-09-06
On August 15, 2023, the British Columbia Court of Appeal (BCCA) in Insurance Corporation of British Columbia v Ari, 2023 BCCA 331, upheld the Supreme Court of British Columbia’s finding that the Insurance Corporation of British Columbia (ICBC) was liable for its employee’s violation of its customers’ privacy under the British Columbia Privacy Act.
Deeth Williams Wall https://www.dww.com/articles/british-columbia-court-of-appeal-upholds-decision-finding-an-employer-vicariously-liable

Canadian Government Releases Guidance on Privacy Practices for Personal Information That Is Publicly Available Online Canadian Government Releases Guidance on Privacy Practices for Personal Information That Is Publicly Avai...

Privacy
August 22, 2023August 22, 20232023-08-23
On August 1, 2023, the Government of Canada published its “Privacy Implementation Notice 2023-03: Guidance pertaining to the collection, use, retention and disclosure of personal information that is publicly available online” (the Notice) pursuant to paragraph 71(1)(d) of the Privacy Act.
Deeth Williams Wall https://www.dww.com/articles/canadian-government-releases-guidance-on-privacy-practices-for-personal-information

US Government Secures Voluntary Commitments From Leading Artificial Intelligence Companies To Manage AI Risks US Government Secures Voluntary Commitments From Leading Artificial Intelligence Companies To Manage AI R...

Information Technology
August 22, 2023August 22, 20232023-08-23
On July 21, 2023, The Biden-Harris Administration (the Administraiton) announced that seven leading Artificial Intelligence (AI) companies have committed to managing the risks posed by AI by moving towards the safe, secure and transparent development of AI technologies (the Announcement).
Deeth Williams Wall https://www.dww.com/articles/us-government-secures-voluntary-commitments-from-leading-artificial-intelligence-companies

CIPO Launches Consultation On Patent Term Adjustment CIPO Launches Consultation On Patent Term Adjustment

Patents
August 22, 2023August 22, 20232023-08-23
On August 7, 2023, the Canadian Intellectual Property Office (CIPO) launched a public consultation on a proposed regulatory framework for providing a patent term adjustment (PTA) to compensate patent owners for unreasonable delays in the processing of patent applications.
Deeth Williams Wall https://www.dww.com/articles/cipo-launches-consultation-on-patent-term-adjustment

Federal Court of Canada Dismisses Application For Judicial Review of OSIP Refusal To List Canadian Patent No. 3,113,837 On Patent Register Federal Court of Canada Dismisses Application For Judicial Review of OSIP Refusal To List Canadian Patent...

Pharmaceutical Patent Litigation
August 22, 2023August 22, 20232023-08-23
On July 17, 2023, the Federal Court of Canada (the Court) issued its public judgement and reasons for Janssen Inc. v Canada (Health), 2023 FC 870, dismissing Janssen Inc.’s (Janssen’s) application for judicial review of a decision from the Office of Submissions and Intellectual Property (OSIP), in which OSIP refused to list Canadian Patent No. 3,113,837 (the 837 Patent) on the Patent Register against the drug, STELARA.
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-canada-dismisses-application-for-judicial-review-of-osip-refusal-to-list

Federal Court Of Appeal Of Canada Strikes Test Prescribed By The Federal Court For Assessing Patentable Subject Matter For Computer-Implemented Inventions Federal Court Of Appeal Of Canada Strikes Test Prescribed By The Federal Court For Assessing Patentable S...

Patent Litigation
August 9, 2023August 9, 20232023-08-09
On July 26, 2023, the Federal Court of Appeal (FCA) issued its decision in Canada (Attorney General) v Benjamin Moore & Co., 2023 FCA 168, allowing the Attorney General’s (AG) appeal from an order of the Federal Court (FC) directing the Commissioner of Patents (the Commissioner) to adopt a specific legal framework in its assessment of the patentability of computer-implemented inventions.
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-appeal-of-canada-strikes-test-prescribed-by-federal-court-for-assessing

Canadian Centre For Cyber Security Provides Guidance On Cyber Risks Associated With Generative AI And Mitigation Measures For Users Canadian Centre For Cyber Security Provides Guidance On Cyber Risks Associated With Generative AI And Mit...

Cybersecurity
August 9, 2023August 9, 20232023-08-09
On July 14, 2023, the Canadian Centre for Cyber Security published a guidance document (the Guidance) on the potential risks associated with generative artificial intelligence (AI) and possible mitigation measures for organizations and individuals.
Deeth Williams Wall https://www.dww.com/articles/canadian-centre-for-cyber-security-provides-guidance-on-cyber-risks-associated-generative

Federal Court Of Canada Sentences Defendant To Incarceration For Contempt Of Court In Copyright Infringement Dispute Federal Court Of Canada Sentences Defendant To Incarceration For Contempt Of Court In Copyright Infringem...

Trademark and Copyright Litigation
August 9, 2023August 9, 20232023-08-09
On June 28, 2023, the Federal Court of Canada (the Court) in Warner Bros Entertainment Inc v Tyler White DBA Beast IPTV, 2023 FC 907 sentenced the Defendant to incarceration for 60 days after being found guilty of contempt of court for disobeying numerous provisions of an interim order.
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-canada-sentences-defendant-to-incarceration-for-contempt-of-court

Federal Court Of Canada Finds Trademarks Opposition Board Erred In Relying On Recordal Of Change Of Title In Section 45 Proceeding Federal Court Of Canada Finds Trademarks Opposition Board Erred In Relying On Recordal Of Change Of Title...

Trademark and Copyright Litigation
August 9, 2023August 9, 20232023-08-09
On June 2, 2023, the Federal Court of Canada (the Court) issued its decision in Kiva Health Brands LLC v Limoneira Company, 2023 FC 774, finding that the Trademarks Opposition Board (the Board) erred in relying on a recordal of change of title and failing to properly assess the alleged assignment of rights to the trademark KIVA from Associated Citrus Packers Inc. (ACP) to Limoneira Company (Limoneira).
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-canada-finds-trademarks-opposition-board-erred-relying-on-recordal-of

Federal Court Of Canada Finds Duracell’s Use Of Energizer’s Registered Trademarks In Comparative Advertising Likely To Depreciate Goodwill Federal Court Of Canada Finds Duracell’s Use Of Energizer’s Registered Trademarks In Comparative Advertis...

Trademark and Copyright Litigation
July 27, 2023July 27, 20232023-07-27
On July 6, 2023, the Federal Court of Canada issued its long-awaited decision in Energizer Brands, LLC v Gillette Company, 2023 FC 804, in which it found that the defendants’ use of the plaintiffs’ registered trademarks ENERGIZER and ENERGIZER MAX in comparative advertising on battery packaging stickers depreciated the value of the goodwill attaching to the trademarks.
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-canada-finds-duracell%E2%80%99s-use-of-energizer%E2%80%99s-registered-trademarks

Supreme Court of Canada Dismisses Applications for Leave to Appeal Milestone Data Breach Class Action Cases Supreme Court of Canada Dismisses Applications for Leave to Appeal Milestone Data Breach Class Action Cas...

Privacy
July 27, 2023July 27, 20232023-07-27
On July 13, 2023, the Supreme Court of Canada (SCC) dismissed applications for leave to appeal from a trilogy of judgments issued by the Ontario Court of Appeal (ONCA): Owsianik v Equifax Canada Co., et al., 2022 ONCA 813 (SCC File No. 40577) (Owsianik); Obodo v Trans Union of Canada, Inc., 2022 ONCA 814 (SCC File No. 40555); and Winder v Marriott International, Inc., et al., 2022 ONCA 815 (SCC File No. 40573).
Deeth Williams Wall https://www.dww.com/articles/supreme-court-of-canada-dismisses-applications-for-leave-to-appeal-milestone-data-breach

Enforcement Of California Privacy Rights Regulations Delayed Until 2024 Enforcement Of California Privacy Rights Regulations Delayed Until 2024

Privacy
July 27, 2023July 27, 20232023-07-27
On June 30, 2023, The California Superior Court of Sacramento County (the Court), in California Chamber of Commerce v California Privacy Protection Agency, No. 34-2023-80004106-CU-WM-GDS (Cal. Super. June 30, 2023) (minute order), granted the Chamber of Commerce’s Writ of Mandate in part, which delayed enforcement of the first set of regulations implemented under the California Privacy Rights Act of 2020 (CPRA) from July 1, 2023, to March 29, 2024. The Court also mandated a one-year grace period between the adoption of future CPRA regulations and their regulatory enforcement.
Deeth Williams Wall https://www.dww.com/articles/enforcement-of-california-privacy-rights-regulations-delayed-until-2024

Federal Court of Canada Awards Punitive And Compensatory Damages For Patent Infringement Of Rapid Cooling Cells Federal Court of Canada Awards Punitive And Compensatory Damages For Patent Infringement Of Rapid Cooling...

Patent Litigation
July 27, 2023July 27, 20232023-07-27
On July 6, 2023, the Federal Court of Canada (the Court) issued its decision in Fromfroid S.A. v 1048547 Ontario Inc, 2023 FC 925, granting the plaintiff’s (Fromfroid’s) action against the defendants, 1048547 Ontario Inc. (Skotidakis) and Frimasco Inc. (Frimasco), for infringement of Canadian Patent No 2,301,753 (the 753 patent).
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-canada-awards-punitive-and-compensatory-damages-for-patent-infringement

US Court Grants Hermès Permanent Injunction Against “MetaBirkin” NFT Artist US Court Grants Hermès Permanent Injunction Against “MetaBirkin” NFT Artist

Trademark and Copyright Litigation
July 12, 2023July 12, 20232023-07-12
On June 23, 2023, in Hermès International, et al. v Rothschild, S.D.N.Y., No. 1:22-cv-00384, the US District Court for the Southern District of New York (the Court) granted Hermès International and Hermès of Paris, Inc. (collectively, Hermès) a permanent injunction against digital artist Mason Rothschild (legal name, Sonny Estival). The case is notable as it is one of the first to apply trademark law to non-fungible tokens (NFTs).
Deeth Williams Wall https://www.dww.com/articles/us-court-grants-herm%C3%A8s-permanent-injunction-against-%E2%80%9Cmetabirkin%E2%80%9D-nft-artist

G7 Data Protection And Privacy Authorities Release Joint Statement On Generative AI And Communiqué For Relevant Global Issues G7 Data Protection And Privacy Authorities Release Joint Statement On Generative AI And Communiqué For Re...

Privacy
July 12, 2023July 12, 20232023-07-12
On June 21, 2023, the Privacy Commissioner of Canada met with fellow members of the G7 data protection and privacy authorities (collectively, the DPAs) to discuss global privacy issues and enforcement cooperation. Based on these discussions, the DPAs released a joint statement (the Statement) on generative artificial intelligence (AI) technologies and a communiqué (the Communiqué) that addresses key issues currently occupying the group’s focus.
Deeth Williams Wall https://www.dww.com/articles/g7-data-protection-and-privacy-authorities-release-joint-statement-on-generative-ai-and

Federal Court Of Canada Refuses To Certify Reverse Class Action Once Again In File-Sharing Copyright Infringement Case Federal Court Of Canada Refuses To Certify Reverse Class Action Once Again In File-Sharing Copyright Infr...

Trademark and Copyright Litigation
July 12, 2023July 12, 20232023-07-12
On June 26, 2023, the Federal Court of Canada (the Court) issued its decision in Voltage Pictures, LLC v Salna, 2023 FC 893, refusing to certify a reverse class action proceeding for the second time in relation to a claim for file-sharing copyright infringement.
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-canada-refuses-to-certify-reverse-class-action-once-again-filesharing

Saskatchewan Court Rules That The Use Of A “Thumbs-Up” Emoji Can Signify Acceptance Of A Contract Saskatchewan Court Rules That The Use Of A “Thumbs-Up” Emoji Can Signify Acceptance Of A Contract

Information Technology
July 12, 2023July 12, 20232023-07-12
On June 8, 2023, the King’s Bench for Saskatchewan (the Court) in South West Terminal Ltd v Achter Land & Cattle Ltd, 2023 SKKB 116, ruled that the “thumbs-up” emoji sent via text was a valid form of acceptance of a contract, ordering over $82,000 in damages for breach of contract.
Deeth Williams Wall https://www.dww.com/articles/saskatchewan-court-rules-use-of-a-%E2%80%9Cthumbsup%E2%80%9D-emoji-can-signify-acceptance-of-a-contract

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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