Government of Canada Introduces Online Streaming Legislation to Support Next Generation of Canadian Content Government of Canada Introduces Online Streaming Legislation to Support Next Generation of Canadian Conte...

Regulatory Law
February 9, 2022February 9, 20222022-02-09
On February 2, 2022, the Government of Canada introduced Bill C-11, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts (Bill C-11 or the Online Streaming Act), with the aim to support the next generation of Canadian artists and creators.
Deeth Williams Wall https://www.dww.com/articles/government-of-canada-introduces-online-streaming-legislation-to-support-next-generation-of

Ontario Superior Court Of Justice Deals With Delays In Potential “The Code is Law” Cryptocurrency Case Ontario Superior Court Of Justice Deals With Delays In Potential “The Code is Law” Cryptocurrency Case

Litigation
February 9, 2022February 9, 20222022-02-09
On January 17, 2022, in Cicada 137 LLC v Medjedovic, 2022 ONSC 369, the Ontario Superior Court of Justice (the Court) decided on a procedural issue in relation to a claim by the plaintiff, Cicada 137 LLC (Cicada), that the 19-year old defendant allegedly stole $15 million in cryptocurrency tokens. In the decision, the Court confirmed Cicada’s entitlement to inspect devices seized under an Anton Piller order despite delivery of a notice of motion by the defendant’s parents seeking to set aside the order.
Deeth Williams Wall https://www.dww.com/articles/ontario-superior-court-of-justice-deals-delays-potential-%E2%80%9C-code-law%E2%80%9D-cryptocurrency-case

Health Canada Issues Notice Of Consultation On Upcoming Proposed Amendments to the Medical Devices Regulations and the Food and Drug Regulations Health Canada Issues Notice Of Consultation On Upcoming Proposed Amendments to the Medical Devices Regula...

Regulatory Law
February 9, 2022February 9, 20222022-02-09
On January 7, 2022, Health Canada issued a notice of consultation for proposed amendments to the Medical Device Regulations. According to the notice, the proposed amendments will deliver on commitments outlined in the Health and Biosciences Regulatory Review, which focuses on modernizing the existing regulatory frameworks for medical devices and drugs.
Deeth Williams Wall https://www.dww.com/articles/health-canada-issues-notice-of-consultation-on-upcoming-proposed-amendments-to-medical

CRTC Investigation Leads to CASL Penalties and Closing of Dark Web Marketplace CRTC Investigation Leads to CASL Penalties and Closing of Dark Web Marketplace

CASL
February 9, 2022February 9, 20222022-02-09
On January 26, 2022, the Canadian Radio-television and Telecommunications Commission (CRTC) announced that Dark Web marketplace Canadian HeadQuarters (CanadianHQ) was taken offline following the CRTC’s execution of warrants. The CRTC’s Chief Compliance and Enforcement Officer also announced penalties totalling $300,000 to four Canadians for their involvement in CanadianHQ.
Deeth Williams Wall https://www.dww.com/articles/crtc-investigation-leads-to-casl-penalties-and-closing-of-dark-web-marketplace

Federal Court Interprets The Prior Use Defence Under Section 56 Of The Patent Act For The First Time Federal Court Interprets The Prior Use Defence Under Section 56 Of The Patent Act For The First Time

Patent Litigation
January 26, 2022January 26, 20222022-01-26
On January 7, 2022, the Federal Court of Canada (the Court) in Kobold Corporation et al v NCS Multistage Inc, 2021 FC 1437, interpreted the defence of prior use in a patent infringement action for the first time since the 2018 amendments to Section 56 of the Patent Act.
Deeth Williams Wall https://www.dww.com/articles/federal-court-interprets-prior-use-defence-under-section-56-of-patent-act-for-first-time

Federal Court Of Appeal Dismisses Appeal Relating To Copyright Infringement Of Jewellery Designs Federal Court Of Appeal Dismisses Appeal Relating To Copyright Infringement Of Jewellery Designs

Trademark and Copyright Litigation
January 26, 2022January 26, 20222022-01-26
On January 13, 2022, the Federal Court of Appeal of Canada (FCA) issued its decision in Pyrrha Design Inc. v Plum and Posey Inc., 2022 FCA 7, holding that the Federal Court (FC) did not err in its analysis on the issues of originality and infringement of jewellery designs.
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-appeal-dismisses-appeal-relating-to-copyright-infringement-of-jewellery

Federal Court Dismisses Claim For Passing Off And Trademark Expungement On Summary Trial Federal Court Dismisses Claim For Passing Off And Trademark Expungement On Summary Trial

Trademark and Copyright Litigation
January 26, 2022January 26, 20222022-01-26
On January 10, 2022, the Federal Court of Canada (the Court) in Mainstreet Equity Corp. v Canadian Mortgage Capital Corporation, 2022 FC 20, dismissed an action by Mainstreet Equity Corporation (Mainstreet) for expungement of a registered trademark and passing off.
Deeth Williams Wall https://www.dww.com/articles/federal-court-dismisses-claim-for-passing-off-and-trademark-expungement-on-summary-trial

Ontario Court Declines To Issue Anti-suit Injunction Ontario Court Declines To Issue Anti-suit Injunction

Trademark and Copyright Litigation
January 26, 2022January 26, 20222022-01-26
On December 17, 2021, the Superior Court of Justice in Ontario (the Court) issued its decision in Wiseau Studio LLC v Harper, 2021 ONSC 8324 (Harper), declining to issue an anti-suit injunction.
Deeth Williams Wall https://www.dww.com/articles/ontario-court-declines-to-issue-antisuit-injunction

The Competition Bureau And Health Canada Issue Joint Notice On Continued Collaboration In Pharmaceutical Sector The Competition Bureau And Health Canada Issue Joint Notice On Continued Collaboration In Pharmaceutical ...

Regulatory Law
January 26, 2022January 26, 20222022-01-26
On January 10, 2022, the Canadian Competition Bureau (the Bureau) and Health Canada’s Health Products and Food Branch (the HPFB) issued a joint notice to stakeholders on their continued collaboration to support Canadians’ access to safe, effective, and affordable pharmaceuticals and biologics.
Deeth Williams Wall https://www.dww.com/articles/competition-bureau-and-health-canada-issue-joint-notice-on-continued-collaboration

E-TIPS® Newsletter’s “2021: Year in Review” E-TIPS® Newsletter’s “2021: Year in Review”

Intellectual Property
January 11, 2022January 11, 20222022-01-11
Thank you for your readership over the last year and welcome to what we hope will be a better 2022!  In this year’s first issue of the E-TIPS® Newsletter, we will recap our most noteworthy reports from 2021, covering developments in intellectual property (IP) and information technology (IT) law under the following categories: (1) “Supreme Court of Canada Matters”, (2) “Legislative, Treaty and Policy Developments” (3) “Patents”, (4) “Trademarks”, (5) “Copyright”, (6) “Privacy”, and (7) “Legal Developments in Emerging Technology Around the World”.
Deeth Williams Wall https://www.dww.com/articles/etips%C2%AE-newsletter%E2%80%99s-%E2%80%9C2021-year-review%E2%80%9D

Privacy Commissioner of Canada Releases Annual Report Calling on the Federal Government to Make Privacy Law Reform a Priority Privacy Commissioner of Canada Releases Annual Report Calling on the Federal Government to Make Privacy L...

Privacy
December 22, 2021December 22, 20212021-12-22
On December 9, 2021, the latest annual report (the Report) from the Privacy Commissioner of Canada (the Commissioner) was tabled in Parliament. Among its recommendations, the Commissioner is calling on the Federal Government to adopt rights-based privacy laws that reflect Canada’s values and support responsible innovation.
Deeth Williams Wall https://www.dww.com/articles/privacy-commissioner-of-canada-releases-annual-report-calling-on-federal-government-to

Clearview AI Ordered to Stop Using Facial Recognition Technology Without Consent in British Columbia, Alberta and Québec Clearview AI Ordered to Stop Using Facial Recognition Technology Without Consent in British Columbia, Alb...

Privacy
December 22, 2021December 22, 20212021-12-22
On December 14, 2021, the BC Information and Privacy Commissioner, the Alberta Information and Privacy Commissioner, and the Québec Commission d’accès à l’information (collectively, the Privacy Commissioners) issued binding orders to Clearview AI to comply with recommendations made earlier this year following a joint investigation with the Office of the Privacy Commissioner of Canada (OPC) into the company’s use of facial recognition technology.
Deeth Williams Wall https://www.dww.com/articles/clearview-ai-ordered-to-stop-using-facial-recognition-technology-without-consent-british

Canadian Ministers Issue Open Letter on Ransomware and Ransomware Playbook Canadian Ministers Issue Open Letter on Ransomware and Ransomware Playbook

Cybersecurity
December 22, 2021December 22, 20212021-12-22
On December 6, 2021, the federal ministers of Defence, Public Safety, Emergency Preparedness and International Trade, Export Promotion, Small Business, and Economic Development (the Ministers) released an open letter to Canadians discussing the rise of ransomware attacks and offering guidance for organizations to curb this trend. Among the resources included in the letter, the Ministers refer to a Ransomware Playbook recently published by the Canadian Centre for Cyber Security (the Cyber Centre).
Deeth Williams Wall https://www.dww.com/articles/canadian-ministers-issue-open-letter-on-ransomware-and-ransomware-playbook

Suddenly…It’s 2019 Suddenly…It’s 2019

Trademarks
December 22, 2021December 22, 20212021-12-22
While the world welcomes 2022, the Canadian Intellectual Property Office (CIPO) is processing trademark applications filed in 2019. However, CIPO appears to have a plan to reduce the significant backlog of Canadian trademark applications awaiting first examination.
Deeth Williams Wall https://www.dww.com/articles/suddenly%E2%80%A6it%E2%80%99s-2019

Special Committee Releases Report on Modernizing BC’s Private Sector Privacy Law Special Committee Releases Report on Modernizing BC’s Private Sector Privacy Law

Privacy
December 22, 2021December 22, 20212021-12-22
On December 6, 2021, the British Columbia Special Committee to Review the Personal Information Protection Act (the Committee) released its report entitled Modernizing British Columbia's Private Sector Privacy Law (the Report), making numerous recommendations to modernize British Columbia’s Personal Information Protection Act (PIPA).
Deeth Williams Wall https://www.dww.com/articles/special-committee-releases-report-on-modernizing-bc%E2%80%99s-private-sector-privacy-law

Canadian Food Inspection Agency's Industry Labelling Tool Updated to Incorporate Outcome-based Approach to Natural Claims Canadian Food Inspection Agency's Industry Labelling Tool Updated to Incorporate Outcome-based Approach t...

Regulatory Law
December 22, 2021December 22, 20212021-12-22
On December 15, 2021, the Canadian Food Inspection Agency's (CFIA) Industry Labelling Tool guidance on natural claims was updated, introducing an outcome-based approach to the use of natural claims on food labels.
Deeth Williams Wall https://www.dww.com/articles/canadian-food-inspection-agencys-industry-labelling-tool-updated-to-incorporate

Federal Court Of Canada Clarifies Scope Of Patent Agent Privilege Under The Patent Act Federal Court Of Canada Clarifies Scope Of Patent Agent Privilege Under The Patent Act

Patent Litigation
December 8, 2021December 8, 20212021-12-08
On November 19, 2021, the Federal Court of Canada (the Court) in Janssen Inc. et al. v Sandoz Canada Inc, 2021 FC 1265, clarified the scope of patent agent privilege under section 16.1 of the Patent Act.
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-canada-clarifies-scope-of-patent-agent-privilege-under-patent-act

Ontario Court Of Appeal Upholds Termination Provisions In A Stock Award Agreement Ontario Court Of Appeal Upholds Termination Provisions In A Stock Award Agreement

Litigation
December 8, 2021December 8, 20212021-12-08
On October 18, 2021, the Ontario Court of Appeal (the Court) issued its decision in Battiston v Microsoft Canada Inc., 2021 ONCA 727, finding that, the termination provisions in a stock award agreement were enforceable against a former employee.
Deeth Williams Wall https://www.dww.com/articles/ontario-court-of-appeal-upholds-termination-provisions-a-stock-award-agreement

Miramax Files Lawsuit Against Quentin Tarantino For Sale Of Pulp Fiction NFTs Miramax Files Lawsuit Against Quentin Tarantino For Sale Of Pulp Fiction NFTs

Trademark and Copyright Litigation
December 8, 2021December 8, 20212021-12-08
On November 16, 2021, Miramax filed a lawsuit against Quentin Tarantino for his planned auction of non-fungible tokens (NFTs) based on his original hand-written script of the film Pulp Fiction. In the lawsuit, Miramax alleges several causes of action, including breach of contract, copyright infringement, and trademark infringement.
Deeth Williams Wall https://www.dww.com/articles/miramax-files-lawsuit-against-quentin-tarantino-for-sale-of-pulp-fiction-nfts

Federal Court Of Canada Finds Parties May Not Appoint Co-Solicitors Of Record As Of Right Federal Court Of Canada Finds Parties May Not Appoint Co-Solicitors Of Record As Of Right

Litigation
December 8, 2021December 8, 20212021-12-08
On November 9, 2021, the Federal Court of Canada (the Court) in Farmobile, LLC v Farmers Edge Inc., 2021 FC 1200, held that a party may not appoint co-solicitors of record as of right.
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-canada-finds-parties-may-not-appoint-cosolicitors-of-record-as-of-right

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.