CRTC Implements Measures to Spur Mobile Wireless Competition for Canadians CRTC Implements Measures to Spur Mobile Wireless Competition for Canadians

Telecommunications
April 28, 2021April 28, 20212021-04-28
On April 15, 2021, the Canadian Radio-television and Telecommunications Commission (CRTC) issued a news release outlining a number of measures that Canada’s dominant telecommunication service providers must implement in order to promote sustainable competition and affordable options for Canadians.
Deeth Williams Wall https://www.dww.com/articles/crtc-implements-measures-to-spur-mobile-wireless-competition-for-canadians

US Supreme Court Issues Landmark Copyright Decision in Favour of Google after Decade Long Litigation with Oracle US Supreme Court Issues Landmark Copyright Decision in Favour of Google after Decade Long Litigation with...

Trademark and Copyright Litigation
April 13, 2021April 13, 20212021-04-14
On April 5, 2021, the Supreme Court of the United States (SCOTUS) issued its decision in Google LLC v Oracle America Inc, 593 US ___ (2021), holding that Google’s copying, and incorporation into its Android mobile platform, of approximately 11,500 lines of code from the Oracle-owned application programming interface Java SE (the API) was not copyright infringement and constituted fair use. The decision, delayed by a year due to the COVID-19 pandemic, marks the end of a decade-long litigation between the tech giants, in which Oracle initially claimed damages in the amount of nearly 9 billion USD for Google’s alleged copyright infringement (previously reported by the E-TIPS® Newsletter here).
Deeth Williams Wall https://www.dww.com/articles/us-supreme-court-issues-landmark-copyright-decision-favour-of-google-after-decade-long

Facebook Addresses Resurgence of Information from 2019 Data Breach Facebook Addresses Resurgence of Information from 2019 Data Breach

Privacy
April 13, 2021April 13, 20212021-04-14
On April 3, 2021, Business Insider reported that information relating to over 530 million Facebook accounts had been made publicly available online. It is estimated that 3.49 million accounts belong to Canadians and the leaked data included names, locations, birthdates, email addresses, and other identifying information.
Deeth Williams Wall https://www.dww.com/articles/facebook-addresses-resurgence-of-information-from-2019-data-breach

Office of the Privacy Commissioner Comments on the Privacy Act Modernization Plan Office of the Privacy Commissioner Comments on the Privacy Act Modernization Plan

Privacy
April 13, 2021April 13, 20212021-04-14
On March 24, 2021, the Office of the Privacy Commissioner of Canada (OPC) published its submission in response to the Department of Justice’s public consultation on modernizing the Privacy Act, Canada’s public sector privacy law, which has not been substantially amended in nearly 40 years.
Deeth Williams Wall https://www.dww.com/articles/office-of-privacy-commissioner-comments-on-privacy-act-modernization-plan

Ontario Court of Appeal Finds Insurance Coverage Does Not Apply To Cyber Hack Ontario Court of Appeal Finds Insurance Coverage Does Not Apply To Cyber Hack

Cybersecurity
April 13, 2021April 13, 20212021-04-14
On March 15, 2021, the Ontario Court of Appeal (the Court), in Family and Children’s Services of Lanark, Leeds and Grenville v Cooperators General Insurance Company, 2021 ONCA 159, reversed the lower court’s decision that found that Co-operators General Insurance Company (Co-operators) had a duty to defend Family and Children’s Services of Lanark, Leeds and Grenville (FCS) and Laridae Communications Inc. (Laridae) against two claims in relation to a cyber hack.
Deeth Williams Wall https://www.dww.com/articles/ontario-court-of-appeal-finds-insurance-coverage-does-not-apply-to-cyber-hack

CIPO Publishes Proposed Changes to the Refusal and Review Process for Industrial Designs CIPO Publishes Proposed Changes to the Refusal and Review Process for Industrial Designs

Industrial Designs
April 13, 2021April 13, 20212021-04-14
On March 29, 2021, the Canadian Intellectual Property Office (CIPO) launched a consultation on proposed changes to the refusal and review process for industrial design decisions. CIPO’s Discussion Paper states that the proposed changes will “make it easier to ensure consistency of final refusals” and would increase the timeliness of final decisions.
Deeth Williams Wall https://www.dww.com/articles/cipo-publishes-proposed-changes-to-refusal-and-review-process-for-industrial-designs

Proposed Regulations for the College of Patent Agents and Trademark Agents Published for Consultation Proposed Regulations for the College of Patent Agents and Trademark Agents Published for Consultation

Intellectual Property
March 31, 2021March 31, 20212021-03-31
On March 13, 2021, the Government of Canada published the College of Patent Agents and Trademark Agents Regulations, Rules Amending the Patent Rules, and Regulations amending the Trademarks Regulations (collectively, the proposed Regulations) for public consultation. The proposed Regulations will implement the College of Patent Agents and Trademark Agents Act (the Act), which received royal assent in 2018, and transfer authority for agent regulation from the Canadian Intellectual Property Office (CIPO) to the College of Patent Agents and Trademark Agents (the College).
Deeth Williams Wall https://www.dww.com/articles/proposed-regulations-for-college-of-patent-agents-and-trademark-agents-published-for

Federal Court of Appeal Provides Clarity on Test for Obviousness Federal Court of Appeal Provides Clarity on Test for Obviousness

Patent Litigation
March 31, 2021March 31, 20212021-03-31
On March 4, 2021, the Federal Court of Appeal of Canada (FCA) issued its decision in Apotex Inc. v. Janssen Inc., 2021 FCA 45, further clarifying the test for obviousness to try in patent litigation proceedings.
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-appeal-provides-clarity-on-test-for-obviousness

UK Government Publishes Response to Consultation on Artificial Intelligence and Intellectual Property Policy UK Government Publishes Response to Consultation on Artificial Intelligence and Intellectual Property Pol...

Intellectual Property
March 31, 2021March 31, 20212021-03-31
On March 23, 2021, the UK Intellectual Property Office (IPO) announced the results of its open consultation on the impact of artificial intelligence (AI) on intellectual property (IP) policy covering patents, copyright, trademarks, designs and trade secrets. The consultation was carried out in late 2020, with a total of 92 responses received from numerous stakeholders, including IP attorneys, industry associations, tech sectors and other creative industries.
Deeth Williams Wall https://www.dww.com/articles/uk-government-publishes-response-to-consultation-on-artificial-intelligence-and

YouTube Introduces New System For Creators to Screen Their Videos For Copyright Issues YouTube Introduces New System For Creators to Screen Their Videos For Copyright Issues

Copyright
March 31, 2021March 31, 20212021-04-01
On March 15, 2021, YouTube announced the rollout of its new screening system, Checks, which automatically scans videos for potential copyright claims and ad-suitability issues prior to the video being published on the platform.
Deeth Williams Wall https://www.dww.com/articles/youtube-introduces-new-system-for-creators-to-screen-their-videos-for-copyright-issues

After a Non-Fungible Token of Digital Art sells for a record $69 million USD at a Christie’s Auction, Legal and Regulatory Questions about NFT Marketplaces Arise After a Non-Fungible Token of Digital Art sells for a record $69 million USD at a Christie’s Auction, Leg...

Information Technology
March 31, 2021March 31, 20212021-03-31
On March 11, 2021, a digital art piece in non-fungible-token form entitled “Everydays – The First 5000 Days” by digital artist Beeple was sold by Christie’s for a record 69.3 million USD in an online auction that garnered hundreds of bids over a two week period. The sale brought the rise of non-fungible token sales to global attention, as the digital art auction, the first of its kind held by Christie’s, not only set the record for the highest auction price for a digital work, but the third-highest price achieved for a living artist ever.
Deeth Williams Wall https://www.dww.com/articles/after-a-nonfungible-token-of-digital-art-sells-for-a-record-69-million-usd-at-a-christie%E2%80%99s

Supreme Court of Canada Dismisses Leave to Appeal Constitutional Challenge to Canada’s Anti-Spam Legislation (CASL) Supreme Court of Canada Dismisses Leave to Appeal Constitutional Challenge to Canada’s Anti-Spam Legislat...

CASL
March 17, 2021March 17, 20212021-03-17
On March 4, 2021, the Supreme Court of Canada denied an application for leave to appeal brought forward by 3510395 Canada Inc. (Compufinder) for two Federal Court of Appeal decisions that unanimously upheld the constitutionality of Canada’s Anti-Spam Legislation (CASL). This dismissal of the application for leave ends a run of challenges brought forth by Compufinder claiming that the legislation is unconstitutional because it falls outside of Parliament’s legislative power and it violates sections 2(b), 7, 8 and 11 of the Canadian Charter of Rights and Freedom (the Charter).
Deeth Williams Wall https://www.dww.com/articles/supreme-court-of-canada-dismisses-leave-to-appeal-constitutional-challenge-to-canada%E2%80%99s

Canadian Regulatory Amendments Introduce Additional Post-Market Surveillance Measures for Medical Devices Canadian Regulatory Amendments Introduce Additional Post-Market Surveillance Measures for Medical Devices...

Medical Devices
March 17, 2021March 17, 20212021-03-17
On December 23, 2020, the federal government published significant amendments to the Food and Drug Regulations (FDR) and Medical Devices Regulations (MDR) in Canada Gazette, Part II. These amendments build on Bill C-17, Vanessa’s Law, which was passed in 2014 to improve Health Canada’s ability to obtain post-market safety information for therapeutic products.
Deeth Williams Wall https://www.dww.com/articles/canadian-regulatory-amendments-introduce-additional-postmarket-surveillance-measures-for

Alberta Court Denies Certification of Privacy Breach Class Action Against Uber Alberta Court Denies Certification of Privacy Breach Class Action Against Uber

Privacy
March 17, 2021March 17, 20212021-03-17
On January 8, 2021, the Court of the Queen’s Bench of Alberta (the Court) in Setoguchi v Uber B.V., 2021 ABQB 18, denied certification under Alberta’s Class Proceedings Act of a proposed privacy breach class action on behalf of customers of Uber and its drivers (Class Members) whose personal information was subject to unauthorized access.
Deeth Williams Wall https://www.dww.com/articles/alberta-court-denies-certification-of-privacy-breach-class-action-against-uber

Federal Court of Appeal Dismisses Appeal Relating to Loblaws’ Trademark Infringement Claim Against Pampered Chef Federal Court of Appeal Dismisses Appeal Relating to Loblaws’ Trademark Infringement Claim Against Pamper...

Trademark and Copyright Litigation
March 17, 2021March 17, 20212021-03-17
On February 15, 2021, the Federal Court of Appeal of Canada (FCA) issued its decision in Loblaws Inc. v Columbia Insurance Company, 2021 FCA 29, dismissing an appeal by Loblaws Inc. (Loblaws) from a decision of the Federal Court (FC) that held that the Columbia Insurance Company, The Pampered Chef, Ltd., and Pampered Chef – Canada Corp. (collectively, Pampered Chef) had not infringed Loblaws’ PC marks.
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-appeal-dismisses-appeal-relating-to-loblaws%E2%80%99-trademark-infringement-claim

Federal Court Dismisses Motion for Statutory Damages Under Notice-And-Notice Regime Federal Court Dismisses Motion for Statutory Damages Under Notice-And-Notice Regime

Trademark and Copyright Litigation
March 17, 2021March 17, 20212021-03-17
On February 25, 2021, the Federal Court of Canada (the Court) issued its decision in TBV Productions, LLC v Doe, 2021 FC 181, dismissing a motion by TBV Productions LLC (TBV) to pursue statutory damages against SaskTel, Bell, and Xplornet (the Internet Service Providers (ISPs)) for not fulfilling their notice obligations under the “notice-and-notice” regime set out in sections 41.25 and 41.26 of the Copyright Act.
Deeth Williams Wall https://www.dww.com/articles/federal-court-dismisses-motion-for-statutory-damages-under-noticeandnotice-regime

Federal Court Dismisses Passing Off Claim Relating to the Trademark LOCUST LANE for Wines Federal Court Dismisses Passing Off Claim Relating to the Trademark LOCUST LANE for Wines

Trademark and Copyright Litigation
March 3, 2021March 3, 20212021-03-03
On February 17, 2021, the Canadian Federal Court (the Court) issued its decision in Hidden Bench Vineyards & Winery Inc. v Locust Lane Estate Winery Corp., 2021 FC 156, in which it dismissed an application by Hidden Bench Vineyards & Winery Inc. (“Hidden Bench”) against Locust Lane Estate Winery Corp. (“LLEW”) for passing off in relation to the trademark LOCUST LANE for wines and related services.
Deeth Williams Wall https://www.dww.com/articles/federal-court-dismisses-passing-off-claim-relating-to-trademark-locust-lane-for-wines

The Privacy Commissioner of Canada Weighs in on the Upcoming Review of the Access to Information Act The Privacy Commissioner of Canada Weighs in on the Upcoming Review of the Access to Information Act

Privacy
March 3, 2021March 3, 20212021-03-03
On February 23, 2021, the Office of the Privacy Commissioner of Canada (OPC) released its submission to the Treasury Board of Canada Secretariat expressing views on the statutory review of the Access to Information Act (ATIA) governing the right to access records under the control of federal government institutions.
Deeth Williams Wall https://www.dww.com/articles/privacy-commissioner-of-canada-weighs-on-upcoming-review-of-access-to-information-act

Canadian Privacy Experts Concerned About Federal Government’s Plan to Develop Virtual Passport App Canadian Privacy Experts Concerned About Federal Government’s Plan to Develop Virtual Passport App

Privacy
March 3, 2021March 3, 20212021-03-03
On December 11, 2020, the Canadian federal government awarded IBM Canada a $1.5 million contract for the development and testing of a virtual passport app (the platform) pursuant to the Immigration, Refugees and Citizenship Canada’s (IRCC) Passport Digital Services Project. The announcement generated concern among Canadian privacy experts, who fear that the platform may put users’ personal information at risk.
Deeth Williams Wall https://www.dww.com/articles/canadian-privacy-experts-concerned-about-federal-government%E2%80%99s-plan-to-develop-virtual

Facebook Lifts Restrictions on News Access to Australians After Reaching Deal with Australian Government to Amend Proposed Laws Facebook Lifts Restrictions on News Access to Australians After Reaching Deal with Australian Government ...

Regulatory Law
March 3, 2021March 3, 20212021-03-03
On February 22, 2021, Facebook Inc. (Facebook) announced that it would restore news access and sharing on its platform for Australians after it reached an agreement with the Australian government to amend the proposed News Media and Digital Platforms Mandatory Bargaining Code (the Code).
Deeth Williams Wall https://www.dww.com/articles/facebook-lifts-restrictions-on-news-access-to-australians-after-reaching-deal-australian

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.