New Patent Rules Published For Consultation New Patent Rules Published For Consultation

Patent
December 12, 2018December 12, 20182018-12-12
On December 1, 2018, the Government of Canada published its proposed amendments to the Patent Rules (the Proposed Rules) for consultation.  The Proposed Rules implement legislative amendments to the Patent Act passed in 2014 and 2015, which are not yet in force, and enable Canada to ratify the Patent Law Treaty.  The Proposed Rules include significant changes to certain filing requirements, the timing of responses to Canadian Intellectual Property Office (CIPO) notices, and abandonment procedures.
Deeth Williams Wall https://www.dww.com/articles/new-patent-rules-published-for-consultation

EDPR Issues Draft Guidelines Relating to the Territorial Scope of the GDPR EDPR Issues Draft Guidelines Relating to the Territorial Scope of the GDPR

Privacy
December 12, 2018December 12, 20182018-12-12
On November 23, 2018, the European Data Protection Board (EDPB) issued draft guidelines (Guidelines) relating to the territorial scope of the GDPR. The Guidelines help clarify the scope and applicability of the GDPR with respect to data controllers and processors outside the European Union (EU).
Deeth Williams Wall https://www.dww.com/articles/edpr-issues-draft-guidelines-relating-to-territorial-scope-of-gdpr

Marriott Hotel Chain Subject to Data Breach Affecting Up To Half a Billion People Marriott Hotel Chain Subject to Data Breach Affecting Up To Half a Billion People

Privacy
December 12, 2018December 12, 20182018-12-12
On November 30, 2018, Marriott International Inc (Marriott) disclosed that approximately 500 million guests who stayed at Starwood hotel properties (which Marriott acquired in 2015) between 2014 and 2018 may have had their personal information compromised.  Starwood hotel properties include prominent brands such as W hotels, St. Regis, Sheraton Hotels & Resorts, Westin Hotels & Resorts, and Starwood-branded timeshare properties, amongst others.
Deeth Williams Wall https://www.dww.com/articles/marriott-hotel-chain-subject-to-data-breach-affecting-up-to-half-a-billion-people

Competition Bureau Invites Feedback on Draft Intellectual Property Enforcement Guidelines Competition Bureau Invites Feedback on Draft Intellectual Property Enforcement Guidelines

Intellectual Property
November 28, 2018November 28, 20182018-11-28
On November 1, 2018, the Competition Bureau (the Bureau) published a draft version of its revised Intellectual Property Enforcement Guidelines (IPEGs). Interested parties are invited to submit comments on the revised guidelines until December 31, 2018.
Deeth Williams Wall https://www.dww.com/articles/competition-bureau-invites-feedback-on-draft-intellectual-property-enforcement-guidelines

Canada’s New Trademark Law Set to Come Into Force June 17, 2019 Canada’s New Trademark Law Set to Come Into Force June 17, 2019

Trademark
November 28, 2018November 28, 20182018-11-28
On November 14, 2018, the Government of Canada announced that amendments to the Trademarks Act and Regulations are set to come into force on June 17, 2019 (Order in Council, PC 2018-1329).  The Government of Canada also published new Trademarks Regulations in Canada Gazette, Part II.
Deeth Williams Wall https://www.dww.com/articles/canada%E2%80%99s-new-trademark-law-set-to-come-into-force-june-17-2019

Ontario Court of Appeal Opens the Door to Re-Litigating the Validity of Invalidated Patents Ontario Court of Appeal Opens the Door to Re-Litigating the Validity of Invalidated Patents

Patent Litigation
November 28, 2018November 28, 20182018-11-28
On November 8, 2018, in Apotex Inc v Schering Corporation (2018 ONCA 890), the Court of Appeal for Ontario (Court) allowed Schering and Sanofi-Aventis’ (collectively Sanofi) appeal from a decision dismissing Sanofi’s motion to amend their statement of defense.  Sanofi sought leave to amend their pleadings in order to assert the validity of a patent in light of the AstraZeneca Canada Inc v Apotex Inc decision (
Deeth Williams Wall https://www.dww.com/articles/ontario-court-of-appeal-opens-door-to-relitigating-validity-of-invalidated-patents

New CASL Guidelines Spell Onerous Obligations and Potential Liability for Digital Businesses New CASL Guidelines Spell Onerous Obligations and Potential Liability for Digital Businesses

Telecommunications
November 28, 2018November 28, 20182018-11-28
On November 5, 2018, the Canadian Radio-television and Telecommunications Commission (CRTC) released Compliance and Enforcement Information Bulletin CRTC 2018-415 (CRTC 2018-415) on Canada's Anti-Spam Legislation (CASL) that may have far reaching implications for the digital business community. 
Deeth Williams Wall https://www.dww.com/articles/new-casl-guidelines-spell-onerous-obligations-and-potential-liability-for-digital

Federal Court Reaffirms Principle that Copyright Protects Expression, Not Ideas Federal Court Reaffirms Principle that Copyright Protects Expression, Not Ideas

Copyright
November 28, 2018November 28, 20182018-11-28
On November 15, 2018, the Federal Court of Canada (Court) issued its decision in Dean Joseph Evans v Discovery Communications LLC (2018 FC 1153) summarily dismissing the action for copyright infringement.
Deeth Williams Wall https://www.dww.com/articles/federal-court-reaffirms-principle-copyright-protects-expression-not-ideas

Cannabis Consumers Warned over Potential Privacy Implications of Online Cannabis Purchases Cannabis Consumers Warned over Potential Privacy Implications of Online Cannabis Purchases

Privacy
November 28, 2018November 28, 20182018-11-28
Canada’s Privacy Commissioner (CPC) is preparing to issue guidance for online cannabis purchasers amidst concerns of potential fallout, such as being barred from entry into the United States if transactions become known by third parties.
Deeth Williams Wall https://www.dww.com/articles/cannabis-consumers-warned-over-potential-privacy-implications-of-online-cannabis-purchases

The Government Proposes Patent Act Amendments to Regulate Written Demands The Government Proposes Patent Act Amendments to Regulate Written Demands

Patent
November 14, 2018November 14, 20182018-11-14
On October 29, 2018, Bill C-86, the Budget Implementation Act (the “Bill”), received its first reading in the House of Commons. The Bill proposes many amendments to various pieces of legislation. Among these are amendments to the Patent Act aimed at introducing a regulatory framework around “written demands relating to patents” (i.e. demand letters or cease and desist letters).
Deeth Williams Wall https://www.dww.com/articles/government-proposes-patent-act-amendments-to-regulate-written-demands

Bunny Brand Has Its Day in Court Bunny Brand Has Its Day in Court

Trademark
November 14, 2018November 14, 20182018-11-14
On October 29, 2018, in Energizer Brands, LLC v The Gillette Company, 2018 FC 1003, the Court granted in part The Gillette Company (Duracell)’s motion to strike certain allegations from Energizer’s Statement of Claim.
Deeth Williams Wall https://www.dww.com/articles/bunny-brand-has-its-day-court

Ontario Cannabis Store Privacy Breach Affects Thousands of Recreational Cannabis Buyers Ontario Cannabis Store Privacy Breach Affects Thousands of Recreational Cannabis Buyers

Privacy
November 14, 2018November 14, 20182018-11-14
On November 7, 2018, the Ontario Cannabis Store (“OCS”) announced it had suffered a privacy breach involving approximately 4,500 customers who purchased recreational cannabis online. According to the OCS’s statement, Canada Post first notified the OCS about the breach on November 1, stating that the delivery information of OCS’s customers was accessed by an individual through the Canada Post’s delivery tracking tool.
Deeth Williams Wall https://www.dww.com/articles/ontario-cannabis-store-privacy-breach-affects-thousands-of-recreational-cannabis-buyers

Canada Modernizes its Industrial Design Regime to Implement the Hague Agreement Canada Modernizes its Industrial Design Regime to Implement the Hague Agreement

Industrial Design
November 14, 2018November 14, 20182018-11-14
On November 5, 2018, extensive changes to Canada’s Industrial Design Act (Act), Industrial Design Regulations (Regulations) and Industrial Design Practice Manual (Manual), came into effect (previously reported in E-TIPS®).
Deeth Williams Wall https://www.dww.com/articles/canada-modernizes-its-industrial-design-regime-to-implement-hague-agreement

Controversial "Mansized" Tissues Pulled from U.K. Stores Amidst Complaints of Sexism Controversial "Mansized" Tissues Pulled from U.K. Stores Amidst Complaints of Sexism

Trademark
November 14, 2018November 14, 20182018-11-14
When searching for a trademark, one should consider all connotations, and potential public outcry, stemming from the use of the mark.  Kleenex learned that lesson first-hand over the last few weeks after their use of the term "Mansize" to describe extra-large tissues faced consumer complaints of being sexist.
Deeth Williams Wall https://www.dww.com/articles/controversial-mansized-tissues-pulled-from-uk-stores-amidst-complaints-of-sexism

United States Court of Appeals Considers Patent-Eligibility of Spreadsheet Tabs United States Court of Appeals Considers Patent-Eligibility of Spreadsheet Tabs

Patent
October 31, 2018October 31, 20182018-10-31
On October 9, 2018, the United States Court of Appeals for the Federal Circuit (“the Court”), in Data Engine Techs. LLC v. Google LLC, considered whether the asserted claims of U.S. Patent Nos. 5,590,259 (‘259 Patent), 5,784,545, 6,282,551 (‘551 Patent), and 5,303,146 are directed to patent-eligible subject matter. These claims, which claim systems and methods relating to spreadsheet tabs, were found by the Court to be (mostly) directed to patent-eligible subject matter.
Deeth Williams Wall https://www.dww.com/articles/united-states-court-of-appeals-considers-patenteligibility-of-spreadsheet-tabs

Federal Court of Appeal finds CRTC’s Regulation of Affiliation Agreements as Ultra Vires Federal Court of Appeal finds CRTC’s Regulation of Affiliation Agreements as Ultra Vires

Copyright
October 31, 2018October 31, 20182018-10-31
On October 1, 2018, in Bell Canada v 7265921 Canada Ltd (2018 FCA 174), the Federal Court of Appeal (Court) found that the Canadian Radio-Television Commission (CRTC)’s regulation of affiliation agreements between content creators and broadcasters exceeded the CRTC’s jurisdiction under the Broadcasting Act.
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-appeal-finds-crtc%E2%80%99s-regulation-of-affiliation-agreements-as-ultra-vires

Federal Court Rules That Official Mark Status is Not a Defence to Trademark Infringement Federal Court Rules That Official Mark Status is Not a Defence to Trademark Infringement

Trademark and Copyright Litigation
October 31, 2018October 31, 20182018-10-31
On October 4, 2018, in Quality Program Services Inc v Her Majesty the Queen in Right of Ontario as Represented by the Minister of Energy (2018 FC 971), the Federal Court ruled that the Ontario government (Ontario)’s use of the mark “emPOWERme” is confusing with Quality Program Services Inc (QPS)’s registered trademark, and that an official mark is not an absolute defence to infringement.
Deeth Williams Wall https://www.dww.com/articles/federal-court-rules-official-mark-status-not-a-defence-to-trademark-infringement

Yahoo! Settles Consumer Class Actions Resulting From Data Breaches to a Tune of $85M USD Yahoo! Settles Consumer Class Actions Resulting From Data Breaches to a Tune of $85M USD

Information Technology
October 31, 2018October 31, 20182018-10-31
Yahoo has agreed to pay up to $85 million USD to settle consumer class actions involving more than 200 people and up to three billion Yahoo accounts in relation to the company’s data breaches between 2012 and 2016.  Both sides reached the settlement after mediation sessions in San Francisco in August and September of this year.
Deeth Williams Wall https://www.dww.com/articles/yahoo-settles-consumer-class-actions-resulting-from-data-breaches-to-a-tune-of-85m-usd

PIPEDA’s Data Breach Reporting Requirements Now In Force PIPEDA’s Data Breach Reporting Requirements Now In Force

Privacy
October 31, 2018October 31, 20182018-10-31
On November 1, 2018, as previously reported on in the E-TIPS® newsletter, the Personal Information Protection and Electronic Documents Act (PIPEDA)’s amendments establishing mandatory data breach reporting obligations set out in Division 1.1 of the statute come into effect.
Deeth Williams Wall https://www.dww.com/articles/pipeda%E2%80%99s-data-breach-reporting-requirements-now-force

Federal Court to Determine Whether PIPEDA Applies to Search Engine Services Federal Court to Determine Whether PIPEDA Applies to Search Engine Services

Privacy
October 31, 2018October 31, 20182018-10-31
On October 10, 2018, the Office of the Privacy Commissioner of Canada (“OPC”) announced that it is seeking the Federal Court’s clarification on whether Google’s search engine is subject to the Personal Information Protection and Electronic Documents Act (PIPEDA). The OPC's reference application seeks a determination on two questions:
Deeth Williams Wall https://www.dww.com/articles/federal-court-to-determine-whether-pipeda-applies-to-search-engine-services

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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