USPTO Launches “Patents 4 Partnership” Platform to Aid in COVID-19 Response USPTO Launches “Patents 4 Partnership” Platform to Aid in COVID-19 Response

Patent
May 20, 2020May 20, 20202020-05-20
On May 4, 2020, the United States Patent and Trademark Office (USPTO) launched an online intellectual property marketplace – Patents 4 Partnerships (the Platform) – to help connect patent licensors and licensees in key technologies.
Deeth Williams Wall https://www.dww.com/articles/uspto-launches-%E2%80%9Cpatents-4-partnership%E2%80%9D-platform-to-aid-covid19-response

Privacy Principles for Contact Tracing Apps Privacy Principles for Contact Tracing Apps

Privacy
May 20, 2020May 20, 20202020-05-20
On May 7, 2020, the Federal, Provincial and Territorial Privacy Commissioners in Canada released a Joint Statement on contract tracing apps, entitled “Supporting public health, building public trust: Privacy principles for contact tracing and similar apps.”  The Statement invites the various levels of government, if they plan to use apps for contact tracing or for notifying individuals that they have been in close proximity of someone who is or is likely to be a carrier of COVID-19, to respect a set of principles.  These principles include:
Deeth Williams Wall https://www.dww.com/articles/privacy-principles-for-contact-tracing-apps

USPTO Denies Petition to Recognize AI as Patent Inventor USPTO Denies Petition to Recognize AI as Patent Inventor

Patent
May 20, 2020May 20, 20202020-05-20
On April 22, 2020, the United States Patent and Trademark Office (USPTO) denied the petition to recognize DABUS as the inventor of patent application No 16/524,350 (’350).
Deeth Williams Wall https://www.dww.com/articles/uspto-denies-petition-to-recognize-ai-as-patent-inventor

Ontario Superior Court Dismisses Wiseau’s Copyright Infringement Claim Ontario Superior Court Dismisses Wiseau’s Copyright Infringement Claim

Trademark and Copyright Litigation
May 20, 2020May 20, 20202020-05-20
On April 23, 2020, the Ontario Superior Court of Canada (the Court) released its decision in Wiseau Studio, LLC et al v Harper et al (2020 ONSC 2504), dismissing the plaintiffs’ action for copyright infringement against the creators of a documentary entitled “Room Full of Spoons”. 
Deeth Williams Wall https://www.dww.com/articles/ontario-superior-court-dismisses-wiseau%E2%80%99s-copyright-infringement-claim

Health Canada on Hand Sanitizer and Disinfectants amid COVID-19 Health Canada on Hand Sanitizer and Disinfectants amid COVID-19

Regulatory Law
May 20, 2020May 20, 20202020-05-20
There has been a recent increase in licenses granted by Health Canada for “hand sanitizer products” amid the COVID-19 pandemic. In order to qualify as a hand sanitizer, Health Canada has specified that the product must contain at least 60% ethanol alcohol. Furthermore, in order to use the terms “hand sanitizer” or “disinfectant”, evidence that the products meet these standards needs to be included in an application to Health Canada. 
Deeth Williams Wall https://www.dww.com/articles/health-canada-on-hand-sanitizer-and-disinfectants-amid-covid19

OPC Publishes a Privacy Assessment Framework in Response to COVID-19 OPC Publishes a Privacy Assessment Framework in Response to COVID-19

Privacy
May 6, 2020May 6, 20202020-05-06
On April 17, 2020, the Office of the Privacy Commissioner of Canada (OPC) published a privacy assessment framework to assist federal government institutions in understanding their privacy-related responsibilities for the collection, use and disclosure of personal information during the COVID-19 outbreak.  This framework builds on the previous OPC guidance issued last month (as previously reported by the E-TIPS® Newsletter 
Deeth Williams Wall https://www.dww.com/articles/opc-publishes-a-privacy-assessment-framework-response-to-covid19

Federal Court of Appeal Overturns Access Copyright-York University Copyright Decision Federal Court of Appeal Overturns Access Copyright-York University Copyright Decision

Trademark and Copyright Litigation
May 6, 2020May 6, 20202020-05-06
On April 22, 2020, in York University v The Canadian Copyright Licensing Agency (Access Copyright) (2020 FCA 77), the Canadian Federal Court of Appeal (FCA) allowed the university's appeal, holding that although the actions of York University (York) were not fair dealing, the payment of tariffs to Access Copyright as set by Canada's Copyright Board (CCB) was not mandatory.
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-appeal-overturns-access-copyrightyork-university-copyright-decision

Federal Court Determines that “Position Questions” are Improper Discovery Questions Federal Court Determines that “Position Questions” are Improper Discovery Questions

Pharmaceutical Patent Litigation
May 6, 2020May 6, 20202020-05-06
On March 3, 2020, in Bayer Inc v Apotex Inc (2020 FC 325), the Federal Court (the Court) determined that questions on discovery about a party’s “position” were improper discovery questions.
Deeth Williams Wall https://www.dww.com/articles/federal-court-determines-%E2%80%9Cposition-questions%E2%80%9D-are-improper-discovery-questions

Federal Court of Appeal Dismisses Appeal in JAVELO Trademark Opposition Federal Court of Appeal Dismisses Appeal in JAVELO Trademark Opposition

Trademark and Copyright Litigation
May 6, 2020May 6, 20202020-05-06
On April 20, 2020, in The Clorox Company of Canada, Ltd v Chloretec S.E.C. (2020 FCA 76), the Canadian Federal Court of Appeal (FCA) dismissed an appeal by The Clorox Company of Canada (Clorox) from a decision of the Federal Court (FC) rejecting Clorox’s opposition to the trademark applications for JAVELO and JAVELO & Design (collectively, Marks).
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-appeal-dismisses-appeal-javelo-trademark-opposition

3M Files Canadian Lawsuit Against Two University Students For Allegedly Selling N95 Masks at Exorbitant Prices 3M Files Canadian Lawsuit Against Two University Students For Allegedly Selling N95 Masks at Exorbitant P...

Litigation
May 6, 2020May 6, 20202020-05-06
Recently, 3M, the American respirator manufacturer, sued two Canadian students for allegedly selling N95 face masks at grossly high prices amid the COVID-19 pandemic. The FDA-approved N95 mask developed by 3M has surged in popularity during the COVID-19 pandemic due to its ability to protect mask wearers from air particles, including those the size of the novel coronavirus. There is a current shortage of these masks in Canada and many consumers are urgently searching online for sellers with N95 inventory.
Deeth Williams Wall https://www.dww.com/articles/3m-files-canadian-lawsuit-against-two-university-students-for-allegedly-selling-n95-masks

Georgia Can’t Copyright the Law Georgia Can’t Copyright the Law

Trademark and Copyright Litigation
May 6, 2020May 6, 20202020-05-06
In Georgia et al. Public Resource.Org, Inc. 590 U.S. _ (2020), the Supreme Court of the United States (the Court) held that the Official Code of Georgia Annotated (the OCGA) is not entitled to copyright protection.  The OCGA contains the text of the every state of Georgia statute and non-binding annotations.  There was no dispute that copyright protection did not extend to the text of statutes, however the state argued that the annotations were entitled to copyright. 
Deeth Williams Wall https://www.dww.com/articles/georgia-can%E2%80%99t-copyright-law

US Court of Appeals Holds That Colour Trademarks Applied to Packaging Can Be Inherently Distinctive US Court of Appeals Holds That Colour Trademarks Applied to Packaging Can Be Inherently Distinctive

Trademark and Copyright Litigation
April 22, 2020April 22, 20202020-04-22
On April 8, 2020, in In Re: Forney Industries, Inc (No. 19-1073 (Fed. Cir. 2020)) the US Court of Appeals for the Federal Circuit (the Court) held that a colour mark applied to the packaging of a product can indicate the source of the goods to a customer, and therefore, can be inherently distinctive.
Deeth Williams Wall https://www.dww.com/articles/us-court-of-appeals-holds-colour-trademarks-applied-to-packaging-can-be-inherently

Federal Court Considers Certificate of Supplementary Protection Regulations Federal Court Considers Certificate of Supplementary Protection Regulations

Patent Litigation
April 22, 2020April 22, 20202020-04-22
On April 7, 2020, in Glaxosmithkline Biologicals S.A. v. Canada (Health), 2020 FC 397, the Canadian Federal Court (the Court) set aside a decision of the Minister of Health (the Minister) to refuse to issue a Certificate of Supplementary Protection (CSP) in respect of Canadian Patent No. 2,600,905 (the 905 Patent) and the drug SHINGRIX®.  The matter was returned to the Minister for redetermination.
Deeth Williams Wall https://www.dww.com/articles/federal-court-considers-certificate-of-supplementary-protection-regulations

EU Court Holds Amazon Not Liable for Third Party Trademark Infringement through its Online Marketplace Platform EU Court Holds Amazon Not Liable for Third Party Trademark Infringement through its Online Marketplace Pl...

Trademark and Copyright Litigation
April 22, 2020April 22, 20202020-04-22
On April 2, 2020, the Court of Justice of the European Union (“CJEU”) released its decision in Coty Germany GmbH v Amazon Services Europe Sàrl et al (C-567/18) finding that the storage and distribution of goods on behalf of third party sellers via the Amazon-Marketplace platform does not constitute trademark “use”, and hence Amazon is not liable for third party trademark infringement.
Deeth Williams Wall https://www.dww.com/articles/eu-court-holds-amazon-not-liable-for-third-party-trademark-infringement-through-its-online

Federal Court Resolves Patent Infringement Action by Summary Trial Federal Court Resolves Patent Infringement Action by Summary Trial

Patent Litigation
April 22, 2020April 22, 20202020-04-22
Despite the Supreme Court’s call in Hryniak v.
Deeth Williams Wall https://www.dww.com/articles/federal-court-resolves-patent-infringement-action-by-summary-trial

US Court Finds Replication of NBA Players’ Tattoos in Video Games Does Not Constitute Copyright Infringement US Court Finds Replication of NBA Players’ Tattoos in Video Games Does Not Constitute Copyright Infringem...

Trademark and Copyright Litigation
April 22, 2020April 22, 20202020-04-22
On March 26, 2020, in Solid Oak Sketches LLC v 2K Games Inc et al, 16-CV-724-LTS-SDA, the US District Court for the Southern District of New York (the Court) issued an opinion granting the Defendants’ motion for summary judgment, finding that the replication of basketball players’ tattoos in a video game does not constitute copyright infringement.
Deeth Williams Wall https://www.dww.com/articles/us-court-finds-replication-of-nba-players%E2%80%99-tattoos-video-games-does-not-constitute

US Federal Court Rules Children Are Not Bound by Terms of Use Signed by Parents in Amazon Alexa’s Privacy Battle US Federal Court Rules Children Are Not Bound by Terms of Use Signed by Parents in Amazon Alexa’s Privacy...

Privacy
April 22, 2020April 22, 20202020-04-22
Earlier this month, a federal judge denied Amazon’s motion to compel arbitration in the privacy battle over the collection of children’s voiceprints.
Deeth Williams Wall https://www.dww.com/articles/us-federal-court-rules-children-are-not-bound-by-terms-of-use-signed-by-parents-amazon

OPC Issues Guidance on Federal Privacy Laws in light of the COVID-19 Outbreak OPC Issues Guidance on Federal Privacy Laws in light of the COVID-19 Outbreak

Privacy
April 9, 2020April 9, 20202020-04-09
On March 20, 2020, the Office of the Privacy Commissioner of Canada (the OPC) issued guidance to assist organizations in navigating their privacy obligations with respect to collection, use and disclosure of personal information during a public health crisis.
Deeth Williams Wall https://www.dww.com/articles/opc-issues-guidance-on-federal-privacy-laws-light-of-covid19-outbreak

Patent Act Amended in Response to COVID-19 Patent Act Amended in Response to COVID-19

Patent
April 9, 2020April 9, 20202020-04-09
On March 25, 2020, Bill C-13, An Act respecting certain measures in response to COVID-19 (the Act) received royal assent.  The Act amends the Patent Act to allow authorized use of a patented invention in response to a public health emergency that is a matter of national concern.
Deeth Williams Wall https://www.dww.com/articles/patent-act-amended-response-to-covid19

Cybersecurity Experts See Increase in Phishing Activities Due To COVID-19 Cybersecurity Experts See Increase in Phishing Activities Due To COVID-19

Privacy
April 9, 2020April 9, 20202020-04-09
On March 11, 2020, the World Health Organization declared that the COVID-19 outbreak had reached the status of a pandemic. Since then, many countries, including Canada, have taken several measures to decrease the spread of this virus, including encouraging businesses to allow employees to work remotely. However, the convenience that comes with working remotely has led to an increase in employee vulnerability to phishing activities.
Deeth Williams Wall https://www.dww.com/articles/cybersecurity-experts-see-increase-phishing-activities-due-to-covid19

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