ISED Canada Announces Patent Collective Pilot Program ISED Canada Announces Patent Collective Pilot Program

Patent
February 20, 2019February 20, 20192019-02-20
On February 13, 2019, Innovation, Science and Economic Development Canada (ISEDC) announced the Patent Collective Pilot Program (Patent Collective) to help small to medium sized businesses (SMEs) with their patent and intellectual property (IP) needs.
Deeth Williams Wall https://www.dww.com/articles/ised-canada-announces-patent-collective-pilot-program

Health Canada Releases its Regulatory Framework for Software as a Medical Device Health Canada Releases its Regulatory Framework for Software as a Medical Device

Regulatory Law
February 20, 2019February 20, 20192019-02-22
On January 29, 2019, Health Canada published its Draft Guidance Document for Software as a Medical Device (SaMD) to help clarify the regulatory framework and the license requirements applicable to SaMD under the Medical Devices Regulations (the “Regulations”).
Deeth Williams Wall https://www.dww.com/articles/health-canada-releases-its-regulatory-framework-for-software-as-a-medical-device

Federal Court of Appeal Upholds Punitive Damages in Patent Case Federal Court of Appeal Upholds Punitive Damages in Patent Case

Patent
February 20, 2019February 20, 20192019-02-20
On February 11, 2019, in Airbus Helicopters SAS v Bell Helicopter Textron Canada Limitée, 2019 FCA 29, the Federal Court of Appeal (FCA) upheld a one million dollar punitive damages award granted to Airbus Helicopters SAS (Airbus Helicopters) by the Federal Court (2017 FC 170) (Damages Judgment), as previously reported in the E-TIPS® Newsletter
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-appeal-upholds-punitive-damages-patent-case

US Copyright Office Refuses Registration of Dance Moves US Copyright Office Refuses Registration of Dance Moves

Copyright
February 20, 2019February 20, 20192019-02-20
On January 22, 2019, the US Copyright Office refused registration for “The Carlton” dance.  “The Carlton” was made famous by Mr Alfonso Ribeiro (Ribeiro) through his performance on the early 90’s TV show, "The Fresh Prince of Bel-Air".  In issuing its decision to deny registration, the US Copyright Office stated that “The Carlton” dance is a “simple routine that is not registrable as a choreographic work.” 
Deeth Williams Wall https://www.dww.com/articles/us-copyright-office-refuses-registration-of-dance-moves

Fashion Designer Wins Landmark Trademark Dispute over Red-Soled Shoes Fashion Designer Wins Landmark Trademark Dispute over Red-Soled Shoes

Trademark
February 20, 2019February 20, 20192019-02-20
On February 6, 2019, French shoe designer Maison Christian Louboutin struck a victory in The Hague District Court against high street shoe brand Van Haren over the protection of the red soles on their shoes.  The case in the Netherlands dates back to 2012, and follows a June 2018 decision, previously reported in the E-TIPS® Newsletter here, from the European Court of Justice that held that Louboutin's claim that the use of a specific shade of red on the
Deeth Williams Wall https://www.dww.com/articles/fashion-designer-wins-landmark-trademark-dispute-over-redsoled-shoes

Toronto Maple Leafs Oppose Snoop Dogg’s Cannabis Related Trademarks Toronto Maple Leafs Oppose Snoop Dogg’s Cannabis Related Trademarks

Trademark
February 20, 2019February 20, 20192019-02-20
The Canadian Intellectual Property Office (CIPO) has seen thousands of trademark applications from the cannabis industry.  In fact, there are currently more than 3,700 trademark applications pending in Canada covering “cannabis” or “marijuana”.
Deeth Williams Wall https://www.dww.com/articles/toronto-maple-leafs-oppose-snoop-dogg%E2%80%99s-cannabis-related-trademarks

Federal Court of Appeal Holds That Distinctiveness Can Only Be Acquired By Use in Canada, Not Foreign Use Federal Court of Appeal Holds That Distinctiveness Can Only Be Acquired By Use in Canada, Not Foreign Use

Trademark
February 6, 2019February 6, 20192019-02-06
On January 17, 2019, the Federal Court of Appeal (FCA) published its decision in Sadhu Singh Hamdard Trust v Navsun Holdings Ltd (2019 FCA 10), dismissing the appeal of Sadhu Singh Hamdard Trust (Trust) from a decision of the Federal Court (FC) that held that Trust’s proposed word mark, AJIT, was unregistrable on the basis of distinctiveness.
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-appeal-holds-distinctiveness-can-only-be-acquired-by-use-canada-not

Federal Court Finds Lack of Jurisdiction on Matters of Patent Ownership under Contract in Infringement Action Federal Court Finds Lack of Jurisdiction on Matters of Patent Ownership under Contract in Infringement Ac...

Patent
February 6, 2019February 6, 20192019-02-06
On December 14, 2018, the Federal Court (FC) issued a decision in Farmobile, LLC v. Farmers Edge Inc.
Deeth Williams Wall https://www.dww.com/articles/federal-court-finds-lack-of-jurisdiction-on-matters-of-patent-ownership-under-contract

OSFI Releases Advisory on New Technology and Incident Reporting Requirements OSFI Releases Advisory on New Technology and Incident Reporting Requirements

Information Technology
February 6, 2019February 6, 20192019-02-06
On January 24, 2019, the Office of the Superintendent of Financial Institutions (OSFI) released a Technology and Cybersecurity Incident Reporting Advisory (Advisory) that creates new incident reporting obligations applicable to all FRFIs, effective as of March 31, 2019.
Deeth Williams Wall https://www.dww.com/articles/osfi-releases-advisory-on-new-technology-and-incident-reporting-requirements

Ontario Superior Court Refuses to Hear Sanofi’s Motion for Summary Judgment Involving the Ramipril Drug Ontario Superior Court Refuses to Hear Sanofi’s Motion for Summary Judgment Involving the Ramipril Drug

Pharmaceutical Patent Litigation
February 6, 2019February 6, 20192019-02-06
On January 11, 2019, in Apotex Inc. v Schering Corporation (2019 ONSC 299), Justice Dunphy of the Ontario Superior Court refused to schedule Schering and Sanofi-Aventis’ (collectively “Sanofi”) motion for summary judgment on the issue of Apotex’s claim for compensation under the Ontario Monopolies Act, U.K. Monopolies Act and Trade-marks Act (collectively “Monopolies Act”).
Deeth Williams Wall https://www.dww.com/articles/ontario-superior-court-refuses-to-hear-sanofi%E2%80%99s-motion-for-summary-judgment-involving

Proposed Regulations on Cannabis Edibles, Extracts and Topicals Published for Consultation Proposed Regulations on Cannabis Edibles, Extracts and Topicals Published for Consultation

Regulatory Law
January 23, 2019January 23, 20192019-01-23
On December 22, 2018, Regulations Amending the Cannabis Regulations (New Classes of Cannabis) and Proposed Order Amending Schedules 3 and 4 to the Cannabis Act (collectively, the "Proposed Regulations") were published in Canada Gazette, Part I.
Deeth Williams Wall https://www.dww.com/articles/proposed-regulations-on-cannabis-edibles-extracts-and-topicals-published-for-consultation

Football Player's Trademark Application Denied Due to False Connection Football Player's Trademark Application Denied Due to False Connection

Trademark
January 23, 2019January 23, 20192019-01-23
As previously reported in the E-TIPS® Newsletter, Miami Dolphins defensive back Minkah Fitzpatrick filed a US trademark application for "Fitzmagic," a nickname he claims to have gone by since high school.  However, the timing of Minkah’s filing was suspicious, as the nickname was then being used by the media to describe the impressive play of Tampa Bay Buccaneers journeyman quarterback Ryan Fitzpatrick.  Ryan had no inclination or desire to
Deeth Williams Wall https://www.dww.com/articles/football-players-trademark-application-denied-due-to-false-connection

Roots Attempts to Strike CABIN FEVER & Design Trademark Roots Attempts to Strike CABIN FEVER & Design Trademark

Trademark
January 23, 2019January 23, 20192019-01-23
On January 8, 2019, the Federal Court of Canada (Court) issued its decision in Roots Corporation v YM Inc (Sales), (2019 FC 16) dismissing an application brought by Roots Corporation (Roots) to strike YM Inc’s (YM) CABIN FEVER & Design trademark registration (Registration) from the Register.  Both Roots and YM are clothing retailers operating in Canada. Roots brought an application to strike the CABIN FEVER & Design alleging that YM was not entitled to secure the registration since:
Deeth Williams Wall https://www.dww.com/articles/roots-attempts-to-strike-cabin-fever-design-trademark

California Judge Rules Law Enforcement Can’t Force Biometric Use to Unlock Phones California Judge Rules Law Enforcement Can’t Force Biometric Use to Unlock Phones

Privacy
January 23, 2019January 23, 20192019-01-23
On January 10, 2019, Judge Kandis Westmore of the United States District Court for the Northern District of California (Court) ruled that law enforcement agencies can’t compel suspects to unlock their smartphones using biometric features. Prior to this ruling, US judges ruled that the government could force suspects to unlock their phones with facial or fingerprint recognition but not a passcode.
Deeth Williams Wall https://www.dww.com/articles/california-judge-rules-law-enforcement-can%E2%80%99t-force-biometric-use-to-unlock-phones

Privacy Breach Class Action Against Bankruptcy Trustee Fails Privacy Breach Class Action Against Bankruptcy Trustee Fails

Privacy
January 23, 2019January 23, 20192019-01-23
On December 27, 2018, in Netlink Computer Inc (Re), (2018 BCSC 2309) the Supreme Court of British Columbia (Court) dismissed an application for leave to sue a trustee in bankruptcy for the alleged improper disposal of a bankrupt company’s assets containing personal information of the company’s customers.
Deeth Williams Wall https://www.dww.com/articles/privacy-breach-class-action-against-bankruptcy-trustee-fails

Bill C-86 Receives Royal Assent - Makes Substantial Changes to the Patent Act Bill C-86 Receives Royal Assent - Makes Substantial Changes to the Patent Act

Patent
January 23, 2019January 23, 20192019-01-23
On December 13, 2018, Bill C-86, A second Act to implement certain provisions of the budget tabled in Parliament on February 27, 2018 and other measures, received royal assent.  Though a budget implementation bill, it, among other things, amends the Patent Act.  This article outlines the more substantial changes to the Patent Act.
Deeth Williams Wall https://www.dww.com/articles/bill-c86-receives-royal-assent-makes-substantial-changes-to-patent-act

E-TIPS® Newsletter’s “2018: Year in Review” E-TIPS® Newsletter’s “2018: Year in Review”

Intellectual Property
January 21, 2019January 21, 20192019-01-21
Thank you for your readership over the last year and welcome to what is sure to be an exciting 2019!  In this year’s first issue of the E-TIPS® Newsletter, we will recap our most noteworthy reports from 2018 covering developments in IP and IT law, under the following categories: (1) “Legislative, Treaty and Policy Developments”, (2) “Supreme Court of Canada Matters”, (3) “Patents”, (4) “Trademarks”,  (5) “Copyright”, (6) “Privacy”, (7) “IT/Telecommunications” and (8) “Regulatory”.
Deeth Williams Wall https://www.dww.com/articles/etips%C2%AE-newsletter%E2%80%99s-%E2%80%9C2018-year-review%E2%80%9D

Rapper Files Copyright Claim for Infringing Signature Dance Moves Rapper Files Copyright Claim for Infringing Signature Dance Moves

Copyright
December 12, 2018December 12, 20182018-12-12
On December 5, 2018, New York rapper, 2 Milly, filed a claim for copyright infringement alleging that video game creator, Epic Games (Epic), infringed 2 Milly’s signature dance moves by selling the dance moves as a character upgrade in its popular Fortnite game.
Deeth Williams Wall https://www.dww.com/articles/rapper-files-copyright-claim-for-infringing-signature-dance-moves

Privacy Commissioner of Canada Expresses Opinion on National Digital and Data Consultations Privacy Commissioner of Canada Expresses Opinion on National Digital and Data Consultations

Privacy
December 12, 2018December 12, 20182018-12-12
On December 5, 2018, the Privacy Commissioner of Canada (Commissioner) released a letter to the Minister of Innovation, Science and Economic Development offering his views on the Government of Canada’s National Digital and Data Consultations.
Deeth Williams Wall https://www.dww.com/articles/privacy-commissioner-of-canada-expresses-opinion-on-national-digital-and-data

Ontario to Enhance Privacy Rights in Consumer Protection Act Ontario to Enhance Privacy Rights in Consumer Protection Act

Privacy
December 12, 2018December 12, 20182018-12-12
On November 29, 2018, Bill 55, Safeguarding our Information Act, 2018, passed second reading in the Ontario legislature. Bill 55 seeks to amend Ontario’s Consumer Protection Act, 2002 to require a consumer’s consent when a government institution requests that a lender obtain that consumer’s personal information with whom the lender has entered into a credit agreement.
Deeth Williams Wall https://www.dww.com/articles/ontario-to-enhance-privacy-rights-consumer-protection-act

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.