Nike Files Countersuit Against Kawhi Leonard Over Use of “Klaw” Logo Nike Files Countersuit Against Kawhi Leonard Over Use of “Klaw” Logo

Trademark and Copyright Litigation
July 24, 2019July 24, 20192019-07-24
On July 17, 2019, Nike, Inc (Nike), filed a countersuit against former Toronto Raptor Kawhi Leonard over his use of the "Klaw" logo.  Nike’s countersuit comes approximately one month after Leonard filed his own lawsuit against Nike claiming that he designed the “Klaw” logo as previously reported by the E-TIPS® Newsletter here. 
Deeth Williams Wall https://www.dww.com/articles/nike-files-countersuit-against-kawhi-leonard-over-use-of-%E2%80%9Cklaw%E2%80%9D-logo

Facebook to be Fined $5 Billion by FTC for 2018 Cambridge Analytica Scandal Facebook to be Fined $5 Billion by FTC for 2018 Cambridge Analytica Scandal

Privacy
July 24, 2019July 24, 20192019-07-24
On July 12, 2019, the Federal Trade Commission (FTC) reportedly approved a roughly $5 billion settlement with Facebook Inc (Facebook) following a probe into the company’s data practices. The settlement, if approved by the Justice Department, would include the largest fine ever imposed by the US Federal Government against a technology company. 
Deeth Williams Wall https://www.dww.com/articles/facebook-to-be-fined-5-billion-by-ftc-for-2018-cambridge-analytica-scandal

Nine States Pass New and Expanded Data Breach Notification Legislation Nine States Pass New and Expanded Data Breach Notification Legislation

Privacy
July 24, 2019July 24, 20192019-07-24
With the recent news of the California Consumer Privacy Act being signed into law this past June, other states have ramped up their efforts in passing their own privacy and cybersecurity legislation. With no federal legislation akin to Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA) in the United States, state governments are expected to develop privacy and data protection legislation that governs privately held companies.
Deeth Williams Wall https://www.dww.com/articles/nine-states-pass-new-and-expanded-data-breach-notification-legislation

New Patent Rules Come into Force on October 30, 2019 New Patent Rules Come into Force on October 30, 2019

Patent
July 24, 2019July 24, 20192019-07-24
On July 10, 2019 the Canadian government published finalized amendments to the Patent Rules, which, along with amendments to the Patent Act, come into force on October 30, 2019. The new Patent Rules ratify the Patent Law Treaty, which Canada signed in 2001.  Some notable changes to the Patent Rules include:
Deeth Williams Wall https://www.dww.com/articles/new-patent-rules-come-into-force-on-october-30-2019

Health Canada Publishes Pre-market Requirements for Medical Device Cybersecurity Guidance Health Canada Publishes Pre-market Requirements for Medical Device Cybersecurity Guidance

Regulatory Law
July 24, 2019July 24, 20192019-07-24
On June 26, 2019, Health Canada published its guidance document on pre-market requirements for medical device cybersecurity (Guidance). The Guidance advises manufacturers and regulatory representatives on how to reduce cybersecurity risks associated with their medical devices.
Deeth Williams Wall https://www.dww.com/articles/health-canada-publishes-premarket-requirements-for-medical-device-cybersecurity-guidance

Marriott International Faces £99.2 Million Fine for Data Breach Marriott International Faces £99.2 Million Fine for Data Breach

Privacy
July 24, 2019July 24, 20192019-07-25
On July 9, 2019, the UK’s Information Commissioner Office (ICO) announced its intention to fine Marriott International Inc (Marriott) £99.2 million (approximately $162 million CAD) under the GDPR. The fine is a result of a major data breach reported by the hotel group in November 2018, which is thought to have affected over 350 million guests globally. Marriott will have an opportunity to make representations to the ICO before the ICO makes its final decision. 
Deeth Williams Wall https://www.dww.com/articles/marriott-international-faces-%C2%A3992-million-fine-for-data-breach

UK Data Watchdog Announces Intention to Fine British Airways £183.39m for Data Breach Incident UK Data Watchdog Announces Intention to Fine British Airways £183.39m for Data Breach Incident

Privacy
July 10, 2019July 10, 20192019-07-10
On July 8, 2019, the United Kingdom Information Commissioner’s Office (ICO) announced its intention to fine British Airways an unprecedented £183.39m in response to a data breach incident last year that affected approximately 500,000 customers.
Deeth Williams Wall https://www.dww.com/articles/uk-data-watchdog-announces-intention-to-fine-to-british-airways-%C2%A318339m-for-data-breach

Canadian Food Inspection Agency Publishes Proposed Changes to Food Labelling Regulations Canadian Food Inspection Agency Publishes Proposed Changes to Food Labelling Regulations

Regulatory Law
July 10, 2019July 10, 20192019-07-10
On June 22, 2019, the Canadian Food Inspection Agency (CFIA) published proposed amendments to the Food and Drug Regulations and Safe Food for Canadians Regulations in the Canada Gazette, Part I.  The amendments made substantial changes to food labelling requirements.  Accordingly, the CFIA is accepting feedback on the proposed changes until September 4, 2019.
Deeth Williams Wall https://www.dww.com/articles/canadian-food-inspection-agency-publishes-proposed-changes-to-food-labelling-regulations

Federal Court Awards Statutory Damages in Copyright Claim Federal Court Awards Statutory Damages in Copyright Claim

Trademark and Copyright Litigation
July 10, 2019July 10, 20192019-07-10
On June 20, 2019, the Federal Court (the Court) issued its decision in Young v Thakur, 2019 FC 835, allowing in part an application by Melodie Young and Melxdie Entertainment Inc. (the Applicants).  The Applicants allege that Rohit Thakur and Badmash Factory (the Respondents) infringed the Applicants’ copyright in their musical work and sound recording (collectively, Works).
Deeth Williams Wall https://www.dww.com/articles/federal-court-awards-statutory-damages-copyright-claim

Sidewalk Labs’ Draft Plan for Toronto’s Waterfront Sparks Privacy Concerns Sidewalk Labs’ Draft Plan for Toronto’s Waterfront Sparks Privacy Concerns

Privacy
July 10, 2019July 10, 20192019-07-10
On June 24, 2019, Sidewalk Labs LLC released a draft Master Innovation and Development Plan (MIDP), outlining their proposal for the development of Toronto’s waterfront Quayside. The proposed development plan has been the subject of criticism and controversy surrounding the proposed collection and use of data within the development.
Deeth Williams Wall https://www.dww.com/articles/sidewalk-labs%E2%80%99-draft-plan-for-toronto%E2%80%99s-waterfront-sparks-privacy-concerns

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

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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