Investigation into Facebook’s Privacy Practices Finds “Major Shortcomings” Investigation into Facebook’s Privacy Practices Finds “Major Shortcomings”

Privacy
May 1, 2019May 1, 20192019-05-01
On April 25, 2019, the Office of the Privacy Commissioner of Canada (OPC) released its findings in its investigation into Facebook Inc’s (Facebook) disclosure of its users’ personal information to third-party applications (Apps) which later used the information for targeted political messaging. The OPC’s investigation was conducted as a joint investigation with the Office of the Information and Privacy Commissioner for British Columbia.
Deeth Williams Wall https://www.dww.com/articles/investigation-into-facebook%E2%80%99s-privacy-practices-finds-%E2%80%9Cmajor-shortcomings%E2%80%9D

OPC Releases Supplementary Discussion Document on Transborder Dataflows OPC Releases Supplementary Discussion Document on Transborder Dataflows

Privacy
May 1, 2019May 1, 20192019-05-01
On April 23, 2019, the Office of the Privacy Commissioner of Canada (OPC) released a supplementary discussion document providing further explanation as to why the OPC is revisiting its policy position on transborder dataflows. 
Deeth Williams Wall https://www.dww.com/articles/opc-releases-supplementary-discussion-document-on-transborder-dataflows

Federal Court Sets Aside Decision of the Registrar to Expunge Mark Federal Court Sets Aside Decision of the Registrar to Expunge Mark

Trademark
May 1, 2019May 1, 20192019-05-01
On April 4, 2019, the Federal Court issued its decision in Iscada Inc. v Aventum IP Law LLP, 2019 FC 406, setting aside a decision of the Registrar to expunge the iSCADA trademark registration from the Register.
Deeth Williams Wall https://www.dww.com/articles/federal-court-sets-aside-decision-of-registrar-to-expunge-mark

CRTC Orders TVA Group to Continue Providing Signals to Bell Canada Subscribers During Commercial Dispute CRTC Orders TVA Group to Continue Providing Signals to Bell Canada Subscribers During Commercial Dispute

Telecommunications
May 1, 2019May 1, 20192019-05-01
On April 18, 2019, the Canadian Radio-television and Telecommunications Commission (CRTC) imposed a mandatory order on TVA Group Inc (TVA) to comply with its regulations and provide its signals to Bell Canada subscribers without interruption, despite Bell Canada and TVA being in the midst of a dispute arising from commercial negotiations, and threatened suspension of TVA's license of its TVA Sports channel in the event they interfere with the signal again before the dispute is resolved.
Deeth Williams Wall https://www.dww.com/articles/crtc-orders-tva-group-to-continue-providing-signals-to-bell-canada-subscribers-during

OPC Announces Consultation on Transborder Dataflows OPC Announces Consultation on Transborder Dataflows

Privacy
April 17, 2019April 17, 20192019-04-17
On April 9, 2019, the Office of the Privacy Commissioner of Canada (OPC) announced that it is revisiting its policy position on transborder dataflows under the Personal Information Protection and Electronic Documents Act (PIPEDA).  The OPC’s new position would require that organizations obtain consent when transferring personal information to service providers for data processing.
Deeth Williams Wall https://www.dww.com/articles/opc-announces-consultation-on-transborder-dataflows

European Commission Launches Pilot Program to Test Ethical Guidelines for Artificial Intelligence European Commission Launches Pilot Program to Test Ethical Guidelines for Artificial Intelligence

Information Technology
April 17, 2019April 17, 20192019-04-17
On April 8, 2019, the European Commission (Commission) announced the launch of a pilot project to test draft ethical rules for developing and applying artificial intelligence (AI) technologies.
Deeth Williams Wall https://www.dww.com/articles/european-commission-launches-pilot-program-to-test-ethical-guidelines-for-artificial

Trump Administration Turns Attention to Combating Trafficking in Counterfeit and Pirated Goods Trump Administration Turns Attention to Combating Trafficking in Counterfeit and Pirated Goods

Intellectual Property
April 17, 2019April 17, 20192019-04-17
On April 3, 2019, US President Donald Trump released a memorandum on combating trafficking in counterfeit and pirated goods, bringing new attention to this topic. The investigation will be helmed by the Department of Homeland Security (Homeland Security), and will feature input from the Department of Commerce, the Attorney General and several other federal agencies asked to prepare the report within 210 days.
Deeth Williams Wall https://www.dww.com/articles/trump-administration-turns-attention-to-combating-trafficking-counterfeit-and-pirated

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

Trademark
April 17, 2019April 17, 20192019-04-17
On April 2, 2019, in Seara Alimentos Ltd v Amira Enterprises Inc, 2019 FCA 63, the Federal Court of Appeal (FCA) dismissed an appeal by Seara from a decision of the Federal Court refusing registration of Seara’s trademarks. 
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-appeal-dismisses-appeal-trademark-opposition-proceeding

Federal Court Considers Motion to Stay Prosecution and Issuance of Canadian Patent Applications Federal Court Considers Motion to Stay Prosecution and Issuance of Canadian Patent Applications

Patent
April 17, 2019April 17, 20192019-04-17
On February 4, 2019, the Federal Court (Court) issued a decision in Canadian National Railway Company v BNSF Railway Company, 2019 FC 142, considering a motion by BNSF Railway Company (BNSF) for an order to stay the prosecution and issuance by the Canadian Patent Office of several pending patent applications.
Deeth Williams Wall https://www.dww.com/articles/federal-court-considers-motion-to-stay-prosecution-and-issuance-of-canadian-patent

Federal Court Dismisses Application to Expunge Upper Crust’s Trademark Federal Court Dismisses Application to Expunge Upper Crust’s Trademark

Trademark
April 17, 2019April 17, 20192019-04-17
On April 2, 2019, in Bon Appetit Danish, Inc v 2168587 Ontario Ltd, 2019 FC 396, the Federal Court (Court) dismissed an application brought by Bon Appetit Danish, Inc and Bon Appetit Distribution Inc (collectively, Bon Appetit) to expunge 2168587 Ontario Ltd’s (Upper Crust) registered trademark BON APPÉ GOURMET & Design. Both parties are manufacturers and distributors of packaged baked goods generally sold in convenience stores.
Deeth Williams Wall https://www.dww.com/articles/federal-court-dismisses-application-to-expunge-upper-crust%E2%80%99s-trademark

Federal Court Considers Validity and Infringement of Canadian Patent 2,491,858 Federal Court Considers Validity and Infringement of Canadian Patent 2,491,858

Patent Litigation
April 3, 2019April 3, 20192019-04-03
On March 6, 2019, the Federal Court (Court) issued a decision in Tensar Technologies Ltd v Enviro-Pro Geosynthetics Ltd, 2019 FC 277, considering the validity and infringement of Canadian Patent 2,491,858 (the ‘858 Patent), owned by Tensar Technologies, Limited (Tensar).  The Court found that the claims at issue were valid, but not infringed by Enviro-Pro Geosynthetics Ltd (Enviro-Pro). 
Deeth Williams Wall https://www.dww.com/articles/federal-court-considers-validity-and-infringement-of-canadian-patent-2491858

Competition Bureau Finalizes IP Enforcement Guidelines Competition Bureau Finalizes IP Enforcement Guidelines

Intellectual Property
April 3, 2019April 3, 20192019-04-03
On March 13, 2019, the Competition Bureau (the Bureau) published a final version of its revised Intellectual Property Enforcement Guidelines (IPEGs). The updates largely reflect changes to Canada’s regulations governing early generic pharmaceutical entry and recent jurisprudence, as previously reported in E-TIPS® Newsletter here.
Deeth Williams Wall https://www.dww.com/articles/competition-bureau-finalizes-ip-enforcement-guidelines

Update: Supreme Court Denies Leave to Appeal in Dispute Over Breach of IT Services Subcontract Update: Supreme Court Denies Leave to Appeal in Dispute Over Breach of IT Services Subcontract

Technology Contracting
April 3, 2019April 3, 20192019-04-10
On March 21, 2019, the Supreme Court of Canada dismissed an application, brought by Sapient Canada Inc (Sapient), for leave to appeal in Atos IT Solutions v Sapient Canada Inc, 2018 ONCA 374.
Deeth Williams Wall https://www.dww.com/articles/update-supreme-court-denies-leave-to-appeal-dispute-over-breach-of-it-services-subcontract

EU Regulators Hits Google With Another Multi-Billion Dollar Fine EU Regulators Hits Google With Another Multi-Billion Dollar Fine

Information Technology
April 3, 2019April 3, 20192019-04-03
On March 20, 2019, the European Union Competition Commission (Commission) found Google Inc (Google) in breach of antitrust rules for imposing restrictive clauses in contracts with websites that use Google AdSense to prevent Google’s rivals from placing their ads on these sites.  This is the third time that the Commission has found that Google violated EU antitrust laws and laid a €1.49-billion fine on the tech giant as a result.
Deeth Williams Wall https://www.dww.com/articles/eu-regulators-hits-google-another-multibillion-dollar-fine

European Parliament Votes to Pass Controversial Copyright Directive European Parliament Votes to Pass Controversial Copyright Directive

Copyright
April 3, 2019April 3, 20192019-04-03
On March 26, 2019, members of the European Parliament voted to pass the controversial Copyright Directive which will bring significant reforms to how online content is governed. However, the bill which passed by a vote of 348 in favour to 274 against still needs approval from the European Counsel before it becomes law.
Deeth Williams Wall https://www.dww.com/articles/european-parliament-votes-to-pass-controversial-copyright-directive

Federal Court of Appeal Rules that Profit is Not Required to Establish Use in the “Normal Course of Trade” Federal Court of Appeal Rules that Profit is Not Required to Establish Use in the “Normal Course of Trade...

Trademark
April 3, 2019April 3, 20192019-04-03
On March 11, 2019, in Cosmetic Warriors Limited v Riches, McKenzie & Herbert LLP, 2019 FCA 48, the Federal Court of Appeal (FCA) allowed an appeal from a judgment of the Federal Court that struck Cosmetic Warriors Ltd’s trademark LUSH from the register.
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-appeal-rules-profit-not-required-to-establish-use-%E2%80%9Cnormal-course-of-trade

Federal Court Denies Motion on Consent to Grant Protective Order Federal Court Denies Motion on Consent to Grant Protective Order

Patent
March 21, 2019March 21, 20192019-03-21
On March 7, 2019, the Federal Court of Canada (Court) issued its decision in Canadian National Railway Company v BNSF Railway Company, 2019 FC 281, dismissing a motion on consent to issue a proposed protective order.
Deeth Williams Wall https://www.dww.com/articles/federal-court-denies-motion-on-consent-to-grant-protective-order

Apotex Inc v Schering Corp Saga over the Ramipril Drug Continues Apotex Inc v Schering Corp Saga over the Ramipril Drug Continues

Patent
March 21, 2019March 21, 20192019-03-21
On February 27, 2019, in Apotex Inc v Schering Corporation (2019 ONSC 1393), the Ontario Superior Court of Justice granted Schering and Sanofi-Aventis (collectively “Sanofi”) leave to bring a motion to strike Apotex’s pleadings dealing with the validity of Sanofi’s Canadian Patent No. 1,341,206 (the ’206 Patent).
Deeth Williams Wall https://www.dww.com/articles/apotex-inc-v-schering-corp-saga-over-ramipril-drug-continues

United States Court of Appeals on Inherency United States Court of Appeals on Inherency

Patent
March 21, 2019March 21, 20192019-03-21
On March 8, 2019, the United States Court of Appeals for the Federal Circuit (the Court) issued a decision in Personal Web Technologies, LLC, v Apple, Inc, reversing a decision of the Patent Trial and Appeal Board (Board) concluding that certain claims of U.S. Patent No 7,802,310 (the ’310 Patent) were obvious in view of U.S. Patent No 5,649,196 (Woodhill) and U.S. Patent No 7,359,881 (Stefik).
Deeth Williams Wall https://www.dww.com/articles/united-states-court-of-appeals-on-inherency

Internet of Things Security Bill Introduced in US House and Senate Internet of Things Security Bill Introduced in US House and Senate

Information Technology
March 21, 2019March 21, 20192019-03-21
On March 11, 2019 the Internet of Things Cybersecurity Improvement Act of 2019 (the “Act”), a bill which would require minimum of security standards for any Internet of Things (IoT) devices purchased by the US federal government, was introduced in the US House and Senate.
Deeth Williams Wall https://www.dww.com/articles/internet-of-things-security-bill-introduced-us-house-and-senate

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.