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

Privacy Commissioner of Canada Presents Views on Financial Technology Organizations and Privacy to Parliament Privacy Commissioner of Canada Presents Views on Financial Technology Organizations and Privacy to Parlia...

Privacy
May 30, 2018May 30, 20182018-05-30
On May 9, 2018, the Privacy Commissioner of Canada appeared before the Standing Senate Committee on Banking, Trade and Commerce to present his views in relation to Division 16 of Bill C-74, the Budget Implementation Act.
Deeth Williams Wall https://www.dww.com/articles/privacy-commissioner-of-canada-presents-views-on-financial-technology-organizations-and

Buyer Beware on VRBO: US Court of Appeals Finds no Fraud in Bogus Listing Buyer Beware on VRBO: US Court of Appeals Finds no Fraud in Bogus Listing

Information Technology
May 30, 2018May 30, 20182018-05-30
In Hiam v Homeaway.com (1st Circuit, April 12, 2018), Peter Hiam sued HomeAway.com Inc for fraud in connection with a vacation rental posted on VRBO
Deeth Williams Wall https://www.dww.com/articles/buyer-beware-on-vrbo-us-court-of-appeals-finds-no-fraud-bogus-listing

Video on Demand Patent Found Not to be Patent-Eligible Subject Matter Video on Demand Patent Found Not to be Patent-Eligible Subject Matter

Patent
May 30, 2018May 30, 20182018-05-30
On March 5, 2018, the Canadian Patent Appeal Board, in decision number 1448 regarding an application entitled “Video content navigation with revenue maximization”, recommended that the application be refused on the basis that the claims in the application did not define statutory subject matter, contrary to section 2 of the Pa
Deeth Williams Wall https://www.dww.com/articles/video-on-demand-patent-found-not-to-be-patenteligible-subject-matter

Dr. Dre Not Likely to be Confused with a Gynecologist, USPTO Finds Dr. Dre Not Likely to be Confused with a Gynecologist, USPTO Finds

Trademark
May 16, 2018May 16, 20182018-05-16
On May 3, 2018, Dr. Dre lost a long running battle at the US Patent and Trademark Office (USPTO) over the mark “Dr. Drai”.
Deeth Williams Wall https://www.dww.com/articles/dr-dre-not-likely-to-be-confused-a-gynecologist-uspto-finds

Supreme Court of Canada Denies Idenix’s Leave Application Regarding Sofosbuvir Patent Supreme Court of Canada Denies Idenix’s Leave Application Regarding Sofosbuvir Patent

Pharmaceutical Patent Litigation
May 16, 2018May 16, 20182018-05-16
On April 26, 2018, the Supreme Court of Canada (SCC) denied Idenix Pharmaceuticals, Inc (Idenix)’s leave application from a Federal Court of Appeal (FCA) decision dismissing Idenix’s appeal from a Federal Court (FC) decision (SCC Docket No. 37781).
Deeth Williams Wall https://www.dww.com/articles/supreme-court-of-canada-denies-idenix%E2%80%99s-leave-application-regarding-sofosbuvir-patent

Privacy Commissioner of Canada Presents Views on Privacy Implications of Autonomous and Connected Vehicles to Parliament Privacy Commissioner of Canada Presents Views on Privacy Implications of Autonomous and Connected Vehicle...

Privacy
May 16, 2018May 16, 20182018-05-16
On May 9, 2018, the Privacy Commissioner of Canada (Commissioner) appeared before the Standing Committee on Transport, Infrastructure and Communities in response to a January 2018 study on the regulatory and technical issues r
Deeth Williams Wall https://www.dww.com/articles/privacy-commissioner-of-canada-presents-views-on-privacy-implications-of-autonomous-and

CIPO Revises Chapters 1-3, 13, 17 and 23 of MOPOP CIPO Revises Chapters 1-3, 13, 17 and 23 of MOPOP

Patent
May 16, 2018May 16, 20182018-05-16
The Canadian Intellectual Property Office (CIPO) has revised chapters 1-3, 13, 17 and 23 of the Manual of Patent Office Practice (MOPOP).
Deeth Williams Wall https://www.dww.com/articles/cipo-revises-chapters-13-13-17-and-23-of-mopop

Oracle v Google: Fair Use of a Copyrighted API Oracle v Google: Fair Use of a Copyrighted API

Copyright
May 2, 2018May 2, 20182018-05-02
On March 27, 2018, in Oracle America, Inc v Google LLC, the United States Court of Appeals for the Northern District of California (Court) found that Google’s use of the Java Application Programming Interface (API) in its
Deeth Williams Wall https://www.dww.com/articles/oracle-v-google-fair-use-of-a-copyrighted-api