Federal Court Finds that Export of Goods Insufficient to Show Use under Trade-marks Act Federal Court Finds that Export of Goods Insufficient to Show Use under Trade-marks Act

Trademark
February 7, 2018February 7, 20182018-02-07
On January 23, 2018, the Federal Court allowed an appeal of an order of the Registrar in Riches, McKenzie & Herbert LLP v Cosmetic Warriors Limited (2018 FC 68).
Deeth Williams Wall https://www.dww.com/articles/federal-court-finds-export-of-goods-insufficient-to-show-use-under-trademarks-act

Canadian Intellectual Property Office and European Patent Office Extend Patent Prosecution Highway Canadian Intellectual Property Office and European Patent Office Extend Patent Prosecution Highway

Patent
January 24, 2018January 24, 20182018-01-24
The Canadian Intellectual Property Office (CIPO) has extended its Patent Prosecution Highway (PPH) pilot agreement with the European Patent Office (EPO) for three years, until January 5, 2021. The PPH program between CIPO and the EPO serves to fast-track patent applications in one country when a patent has been granted in the other.
Deeth Williams Wall https://www.dww.com/articles/canadian-intellectual-property-office-and-european-patent-office-extend-patent-prosecution

Canadian Intellectual Property Office Releases 2017 IP Canada Report Canadian Intellectual Property Office Releases 2017 IP Canada Report

Intellectual Property
January 24, 2018January 24, 20182018-01-24
The Canadian Intellectual Property Office (CIPO) has released its 2017 IP Canada Report (the Report), detailing various trends in IP filing activities in Canada and abroad.
Deeth Williams Wall https://www.dww.com/articles/canadian-intellectual-property-office-releases-2017-ip-canada-report

First Wave of Litigation Under the Amended PM(NOC) Regulations First Wave of Litigation Under the Amended PM(NOC) Regulations

Pharmaceutical Patent Litigation
January 24, 2018January 24, 20182018-01-24
We previously reported that amendments to the Patented Medicines Notice of Compliance Regulations (PM(NOC) Regulations) came
Deeth Williams Wall https://www.dww.com/articles/first-wave-of-litigation-under-amended-pmnoc-regulations

Canadian Fracturing Patent Not Infringed and Invalid Due to Prior Disclosure and Obviousness Canadian Fracturing Patent Not Infringed and Invalid Due to Prior Disclosure and Obviousness

Patent Litigation
January 24, 2018January 24, 20182018-01-24
On December 6, 2017, in Packers Plus Energy Services Inc v Essential Energy Services Ltd, 2017 FC 111, the Federal Court of Canada held that Packers Plus Energy Services’ (Packers) Canadian Patent No
Deeth Williams Wall https://www.dww.com/articles/canadian-fracturing-patent-not-infringed-and-invalid-due-to-prior-disclosure-and

Vancouver Career College Denied Leave to Appeal Trademark Decision to the Supreme Court of Canada Vancouver Career College Denied Leave to Appeal Trademark Decision to the Supreme Court of Canada

Trademark
January 24, 2018January 24, 20182018-01-24
On January 18, 2018, the Supreme Court of Canada denied Vancouver Career College leave to appeal in Vancouver Community College v Vancouver Career College (Burnaby), 2017 BCCA 41 (previously reported in the
Deeth Williams Wall https://www.dww.com/articles/vancouver-career-college-denied-leave-to-appeal-trademark-decision-to-supreme-court-of

Australia’s WTO Challenge to the Sale of Wine in Grocery Stores in Canada Australia’s WTO Challenge to the Sale of Wine in Grocery Stores in Canada

Food and Drug
January 24, 2018January 24, 20182018-01-24
On January 12, 2018, the Australian delegation to the World Trade Organization (WTO) requested consultations regarding the sale of wine in grocery stores in Canada.
Deeth Williams Wall https://www.dww.com/articles/australia%E2%80%99s-wto-challenge-to-sale-of-wine-grocery-stores-canada

DWW Listed In Top Ten IP Boutiques For 2018 By Canadian Lawyer Magazine DWW Listed In Top Ten IP Boutiques For 2018 By Canadian Lawyer Magazine

Intellectual Property
January 24, 2018January 24, 20182018-01-24
Deeth Williams Wall LLP has been listed by Canadian Lawyer Magazine as one of the Top Ten IP Boutiques for 2018.  The complete list of Canadian Lawyer Magazine top ranked IP boutiques firms is available online here:   http://www.canadianlawyermag.com/author/mallory-hendry/the-need-for-ip-15134/
Deeth Williams Wall https://www.dww.com/articles/dww-listed-top-ten-ip-boutiques-for-2018-by-canadian-lawyer-magazine

E-TIPS® Newsletter’s “2017: Year in Review” E-TIPS® Newsletter’s “2017: Year in Review”

Intellectual Property
January 10, 2018January 10, 20182018-01-10
Thank you for your readership over the last year and welcome to what is sure to be an exciting 2018!
Deeth Williams Wall https://www.dww.com/articles/etips%C2%AE-newsletter%E2%80%99s-%E2%80%9C2017-year-review%E2%80%9D

Canada Publishes Proposed Amendments to Regulations on Prices of Patented Medicines Canada Publishes Proposed Amendments to Regulations on Prices of Patented Medicines

Pharmaceutical Patent Litigation
December 14, 2017December 14, 20172017-12-13
On December 2, 2017, the Government of Canada published Regulations Amending the Patented Medicines Regulations (Proposed Amendments) to include new price regulatory factors that will help enable the Patented Medicine Prices Review Board (PMPRB) to protect Canadian consumers from excessive prices.
Deeth Williams Wall https://www.dww.com/articles/canada-publishes-proposed-amendments-to-regulations-on-prices-of-patented-medicines

Update: Keatley Surveying Seeks Leave to Appeal to Supreme Court of Canada Update: Keatley Surveying Seeks Leave to Appeal to Supreme Court of Canada

Trademark and Copyright Litigation
December 14, 2017December 14, 20172017-12-13
On November 27, 2017, Keatley Surveying Ltd (Keatley) sought leave to appeal the decision in Keatley Surveying Ltd v Teranet Inc, 2017 ONCA 748 to the Supreme Court of Canada (SCC).
Deeth Williams Wall https://www.dww.com/articles/update-keatley-surveying-files-for-leave-to-appeal-to-supreme-court-of-canada

FCC to Vote on Repeal of Net Neutrality Rules FCC to Vote on Repeal of Net Neutrality Rules

Information Technology
December 14, 2017December 14, 20172017-12-14
UPDATE: On Thursday, December 14, 2017, the FCC voted to dismantle the Net Neutrality regulations that have been in place since 2015. Under the new regime, the FCC will no longer regulate high-speed internet delivery as a Title II designation under the Communication Act. 
Deeth Williams Wall https://www.dww.com/articles/fcc-to-vote-on-repeal-of-net-neutrality-rules

R v Marakah: SCC Defends Reasonable Expectation of Privacy in Text Messages R v Marakah: SCC Defends Reasonable Expectation of Privacy in Text Messages

Privacy
December 14, 2017December 14, 20172017-12-13
On December 8, 2017, the Supreme Court of Canada (SCC) found that text messages that have been sent and received can, in some cases, attract a reasonable expectation of privacy according to s.
Deeth Williams Wall https://www.dww.com/articles/r-v-marakah-scc-defends-reasonable-expectation-of-privacy-text-messages

CASL Indemnity Ordered in Addition to Order to Disclose Customer Data CASL Indemnity Ordered in Addition to Order to Disclose Customer Data

Information Technology
December 14, 2017December 14, 20172017-12-13
On November 15, 2017, the Nova Scotia Utility and Review Board (the Board) ordered EfficiencyOne (E1) to provide Nova Scotia Power Inc.
Deeth Williams Wall https://www.dww.com/articles/casl-indemnity-ordered-addition-to-order-to-disclose-customer-data

Privacy Commissioner of Canada Submits Views on the Regulatory and Technical Issues Related to Connected and Automated Vehicles Privacy Commissioner of Canada Submits Views on the Regulatory and Technical Issues Related to Connected ...

Information Technology
December 14, 2017December 14, 20172017-12-13
On November 22, 2017, the Privacy Commissioner of Canada (the Commissioner) made submissions to the Senate Committee on Transport and Communications (the Committee) relating to the regulatory and technical issues associated with the deployment of connected and automated vehicles.
Deeth Williams Wall https://www.dww.com/articles/privacy-commissioner-of-canada-submits-views-on-regulatory-and-technical-issues-related-to

British Columbia Court of Appeal Overturns Interlocutory Injunction against Aquarium Documentary British Columbia Court of Appeal Overturns Interlocutory Injunction against Aquarium Documentary

Copyright
November 29, 2017November 29, 20172017-11-29
On November 15, 2017, the British Columbia Court of Appeal (BCCA) overturned an interlocutory injunction granted by a lower court involving a documentary film called “Vancouver Aquarium Uncovered” (Vancouver Aquarium Marine Science Centre v Charbonneau, 2017 BCA 395).
Deeth Williams Wall https://www.dww.com/articles/british-columbia-court-of-appeal-overturns-interlocutory-injunction-against-aquarium

Canadian Patent Appeal Board Rejects Cost Calculating Tool as Unpatentable Subject Matter Canadian Patent Appeal Board Rejects Cost Calculating Tool as Unpatentable Subject Matter

Patent
November 29, 2017November 29, 20172017-11-29
On November 2, 2017, the Canadian Patent Appeal Board (PAB), in decision number 1431 regarding Canadian patent application number 2,440,173
Deeth Williams Wall https://www.dww.com/articles/canadian-patent-appeal-board-rejects-cost-calculating-tool-as-unpatentable-subject-matter

Austria’s Supreme Court Tells The Pirate Bay to Walk the Plank Austria’s Supreme Court Tells The Pirate Bay to Walk the Plank

Copyright
November 29, 2017November 29, 20172017-11-29
Austria’s Supreme Court has
Deeth Williams Wall https://www.dww.com/articles/austria%E2%80%99s-supreme-court-tells-pirate-bay-to-walk-plank

Federal Court of Appeal Allows Appeal in Trademark Infringement Application by Swiss Army Knife Company Federal Court of Appeal Allows Appeal in Trademark Infringement Application by Swiss Army Knife Company

Trademark
November 29, 2017November 29, 20172017-11-29
In Group II International Ltd v Travelway Group International Ltd (2017 FCA 215), the Canadian Federal Court of Appeal (FCA) allowed an appeal from the Federal Court, finding that the defendant’s marks were likely to be confused with th
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-appeal-allows-appeal-trademark-infringement-application-by-swiss-army

Federal Court Finds No Confusion Between Inherently Non-Distinctive Trademarks Federal Court Finds No Confusion Between Inherently Non-Distinctive Trademarks

Trademark
November 29, 2017November 29, 20172017-11-29
On October 10, 2017, the Federal Court of Canada (FC), in EAB Tool Company Inc v Norske Tools Ltd, 2017 FC 898, dismissed an application brought by EAB against Norske for infringement of EAB’s trademark registrations for EXCHANGE-A-BLADE, passing-off
Deeth Williams Wall https://www.dww.com/articles/federal-court-finds-no-confusion-between-inherently-nondistinctive-trademarks