Privacy Commissioner of Canada Revises Privacy Guidelines for Airports and Borders Privacy Commissioner of Canada Revises Privacy Guidelines for Airports and Borders

Privacy
July 25, 2018July 25, 20182018-07-25
On July 9, 2018, the Canadian Office of the Privacy Commissioner (OPC) updated their information and advice for Canadians on privacy at airports and borders.
Deeth Williams Wall https://www.dww.com/articles/privacy-commissioner-of-canada-revises-privacy-guidelines-for-airports-and-borders

CRTC Issues $250,000 in Penalties under CASL’s Anti-Malware Provisions CRTC Issues $250,000 in Penalties under CASL’s Anti-Malware Provisions

Telecommunications
July 25, 2018July 25, 20182018-07-25
On July 11, 2018, the Canadian Radio-television and Telecommunications Commission (CRTC) issued Notices of Violation under Canada’s a
Deeth Williams Wall https://www.dww.com/articles/crtc-issues-250000-penalties-under-casl%E2%80%99s-antimalware-provisions

Google Faces Largest Ever Fine Imposed by European Commission for Breaching European Union Antitrust Rules Google Faces Largest Ever Fine Imposed by European Commission for Breaching European Union Antitrust Rule...

Privacy
July 25, 2018July 25, 20182018-07-25
On July 18, 2018, the European Commission fined Google €4.34 billion for breaching EU antitrust rules. According to the Commission, Google engaged in three separate practices aiming to cement its dominant position in general internet search services:
Deeth Williams Wall https://www.dww.com/articles/google-faces-largest-ever-fine-imposed-by-european-commission-for-breaching-european-union

The EU Court of Human Rights has Held that the Right-to-be-Forgotten Cannot Trump the Public’s Right to Access News The EU Court of Human Rights has Held that the Right-to-be-Forgotten Cannot Trump the Public’s Right to A...

Privacy
July 11, 2018July 11, 20182018-07-11
On June 28, 2018, the European Court of Human Rights (ECHR) held in the matter of ML and WW v Germany (No 60798/10 65599/10) that the right to be forgotten cannot trump the public’s right to access archived news.
Deeth Williams Wall https://www.dww.com/articles/eu-court-of-human-rights-has-held-righttobeforgotten-cannot-trump-public%E2%80%99s-right-to-access

Apple and Samsung Settle Patent Dispute Apple and Samsung Settle Patent Dispute

Patent Litigation
July 11, 2018July 11, 20182018-07-11
On June 27, 2018, Apple Inc and Samsung Electronics Co filed a joint notice of settlement with the United States District Court Northern District of California,
Deeth Williams Wall https://www.dww.com/articles/apple-and-samsung-settle-patent-dispute

USPS To Pay $3.5M After Misidentifying Statue of Liberty on Stamp USPS To Pay $3.5M After Misidentifying Statue of Liberty on Stamp

Copyright
July 11, 2018July 11, 20182018-07-11
On June 29, 2018 the US Federal Court found that the US Postal Service (USPS) infringed copyright by mistakenly putting a photo of a replica of the Statue of Liberty found on the Las Vegas Strip on roughly 3.5 billion stamps.  The sculptor of the Las Vegas replica, Robert S.
Deeth Williams Wall https://www.dww.com/articles/usps-to-pay-35m-after-misidentifying-statue-of-liberty-on-stamp

Computer Search Found to Violate Section 8 Charter Rights Computer Search Found to Violate Section 8 Charter Rights

Privacy
July 11, 2018July 11, 20182018-07-11
On June 21, 2018, the Alberta Court of Appeal issued its decision in R v Villaroman (2018 ABCA 220), finding that Mr Villaroman’s section
Deeth Williams Wall https://www.dww.com/articles/computer-search-found-to-violate-section-8-charter-rights

The California Supreme Court Rules Yelp Can’t Be Ordered To Remove Negative User Reviews The California Supreme Court Rules Yelp Can’t Be Ordered To Remove Negative User Reviews

Information Technology
July 11, 2018July 11, 20182018-07-11
In a recent 4-3 decision, in Hassell v Bird, California’s Supreme Court has reversed a lower court’s decision and held that businesses cannot force Yelp Inc, an online platform that publishes third-party reviews of local businesses, to remove reviews found by the lower court to be defamatory from its platform.
Deeth Williams Wall https://www.dww.com/articles/california-supreme-court-rules-yelp-can%E2%80%99t-be-ordered-to-remove-negative-user-reviews

Senate Passes Marijuana Legislation Senate Passes Marijuana Legislation

Regulatory Law
June 27, 2018June 27, 20182018-06-27
On June 18, 2018, the Canadian Senate voted to pass the Cannabis Act, An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts, by a vote of 52-29.
Deeth Williams Wall https://www.dww.com/articles/senate-passes-marijuana-legislation

Canadian Music Industry Lobbies Government for New Smartphone Tariff Canadian Music Industry Lobbies Government for New Smartphone Tariff

Copyright
June 27, 2018June 27, 20182018-06-27
On December 13, 2017, the Canadian government kicked off its review of the Copyright Act by asking the Standing Committee on Industry, Science and Technology (“Standing Committee”) to review the statute.  Since beginning its statutory review, the Standing Committee has met with over 100 stakeholders.
Deeth Williams Wall https://www.dww.com/articles/canadian-music-industry-lobbies-government-for-new-smartphone-tariff

U.S. Supreme Court Rules States May Collect Sales Tax from Internet Retailers U.S. Supreme Court Rules States May Collect Sales Tax from Internet Retailers

Information Technology
June 27, 2018June 27, 20182018-06-27
On June 21, 2018, in South Dakota v. Wayfair, Inc., et al., the U.S.
Deeth Williams Wall https://www.dww.com/articles/us-supreme-court-rules-states-may-collect-sales-tax-from-internet-retailers

Update: Leave to Appeal to Supreme Court of Canada Granted in Keatley Surveying Ltd v Teranet Inc Update: Leave to Appeal to Supreme Court of Canada Granted in Keatley Surveying Ltd v Teranet Inc

Copyright
June 27, 2018June 27, 20182018-06-27
On June 21, 2018, The Supreme Court of Canada granted Keatley Surveying Ltd’s (Keatley) application to appeal and Teranet Inc’s (Teranet) application to cross-appeal from the judgement of the Court of Appeal for Ontario.
Deeth Williams Wall https://www.dww.com/articles/update-leave-to-appeal-to-supreme-court-of-canada-granted-keatley-surveying-ltd-v-teranet

USPTO Issues Guidance on Patent Eligibility of Method of Treatment Claims USPTO Issues Guidance on Patent Eligibility of Method of Treatment Claims

Patent
June 27, 2018June 27, 20182018-06-27
On June 7, 2018, the USPTO issued new guidance in the form of a memo to its examining corps discussing the US Court of Appeals for the Federal Circuit’s (Federal Circuit) decision in
Deeth Williams Wall https://www.dww.com/articles/uspto-issues-guidance-on-patent-eligibility-of-method-of-treatment-claims

Supreme Court of Canada Considers Forum and Jurisdiction in Cyber Libel Case Supreme Court of Canada Considers Forum and Jurisdiction in Cyber Libel Case

Telecommunications
June 13, 2018June 13, 20182018-06-13
On June 6 2018, the Supreme Court of Canada (SCC) released its judgement in Haaretz v Goldhar, 2018 SCC 28, a significant decision considering conflict of laws rules in the context of an Internet defa
Deeth Williams Wall https://www.dww.com/articles/supreme-court-of-canada-considers-forum-and-jurisdiction-cyber-libel-case

Lack of Utility Strikes Patent in Safe Gaming System v Atlantic Lottery Corporation Lack of Utility Strikes Patent in Safe Gaming System v Atlantic Lottery Corporation

Patent
June 13, 2018June 13, 20182018-06-13
On May 25, 2018, in Safe Gaming System v Atlantic Lottery Corporation, 2018 FC 542, Justice McVeigh for the Federal Court of Canada found tha
Deeth Williams Wall https://www.dww.com/articles/lack-of-utility-strikes-patent-safe-gaming-system-v-atlantic-lottery-corporation

Public Consultations for Industrial Design Office Practice Manual Now Open Public Consultations for Industrial Design Office Practice Manual Now Open

Industrial Design
June 13, 2018June 13, 20182018-06-13
On May 30, 2018, the Canadian Intellectual Property Office (CIPO) began its public consultations on a new Industrial Design Office Practice Manual (IDOP). The IDOP is the primary public source for information on how to file and prosecute an application for industrial design registration in Canada. Public consultations on the proposed IDOP will run for 30 days until June 29, 2018.
Deeth Williams Wall https://www.dww.com/articles/public-consultations-for-industrial-design-office-practice-manual-now-open

Application for Summary Judgement Dismissed in Maple Leaf Image Copyright Dispute Application for Summary Judgement Dismissed in Maple Leaf Image Copyright Dispute

Copyright
June 13, 2018June 13, 20182018-06-13
On April 23, 2017, the Supreme Court of British Columbia (“Court”) issued its decision in Hunter v British Columbia Lottery Corporation, 2018 BCSC 816, dismissing an application for summ
Deeth Williams Wall https://www.dww.com/articles/application-for-summary-judgement-dismissed-maple-leaf-image-copyright-dispute

Courts Continue to Struggle with Concept of Keyword Metatags Courts Continue to Struggle with Concept of Keyword Metatags

Trademark
May 30, 2018May 30, 20182018-05-30
In Adidas America, Inc v Skechers USA, Inc (9th Circuit May 10, 2018), the United States Court of Appeals for the Ninth Circuit affirmed, in part, an injunction granted against Skechers which enjoined it from selling shoes that allegedly infringe an
Deeth Williams Wall https://www.dww.com/articles/courts-continue-to-struggle-concept-of-keyword-metatags

UK Supreme Court Enforces “No Oral Modification” Clause in a Licence Agreement UK Supreme Court Enforces “No Oral Modification” Clause in a Licence Agreement

Information Technology
May 30, 2018May 30, 20182018-05-30
In Rock Advertising Ltd v MWB Business Exchange Centres Ltd, [2018] UKSC 24, the UK Supreme Court has found a clause in a commercial agreement that prohibited oral modification of the agreement to be enforceable, thereby restoring the finding of the county court, which had been rever
Deeth Williams Wall https://www.dww.com/articles/uk-supreme-court-enforces-%E2%80%9Cno-oral-modification%E2%80%9D-clause-a-licence-agreement