Software Piracy Down Marginally in the US and Up in Canada Software Piracy Down Marginally in the US and Up in Canada

Information Technology
August 14, 2003August 14, 20032015-09-23
According to the Business Software Alliance (BSA) study released this month 2002 US Software State Piracy Study, in percentage terms, the average software piracy rate in the US dropped from 25.1% in 2001 to 22.8% in 2002.   The study used market research data on the amount of software installed on PCs across various market segments.   Given the number of new and replacement PCs supplied into the market, the total amount of software installed was estimated.   Pirated software was estimated as the difference between total software installed and software legally shipped in the US.   Estimated retail losses due to piracy in the US rose from $1.81 billion in 2001 to $1.96 billion in 2002.
Deeth Williams Wall https://www.dww.com/articles/software-piracy-down-marginally-us-and-up-canada

RIM and Mosaid: The Patent is Only the Beginning RIM and Mosaid: The Patent is Only the Beginning

Patents
August 14, 2003August 14, 20032015-09-23
As the high-tech economy matures and the manufacture of many high-tech products slows, it is more important than ever to harness and protect your intellectual property.   One method of doing so is by patenting innovative technology.   However, recent cases involving successful Canadian companies illustrate that obtaining a patent is only the beginning.
Deeth Williams Wall https://www.dww.com/articles/rim-and-mosaid-patent-only-beginning

Fees and Administrative Changes at the Canadian Intellectual Property Office (CIPO) Fees and Administrative Changes at the Canadian Intellectual Property Office (CIPO)

Intellectual Property
July 31, 2003July 31, 20032015-07-08
New fees and minor rule changes at CIPO were announced on June 5, 2003. The fee changes will come into effect in January 1, 2004 for current services, or on the date the Commissioner of Patents becomes an International Search Authority and International Preliminary Examination Authority (ISA/IPEA) under the Patent Co-operation Treaty (PCT), for those services. Trade-mark and industrial design fees have not changed since 1985, patent fees since 1989 and copyright fees since 1997. There is no grandfathering of fees for applications or registrations regardless of when filed.
Deeth Williams Wall https://www.dww.com/articles/fees-and-administrative-changes-at-canadian-intellectual-property-office-cipo

Lego Block Design Not Protected by Trade-mark in Canada Lego Block Design Not Protected by Trade-mark in Canada

Trademarks
July 31, 2003July 31, 20032015-07-08
In a recent decision, (Kirkbi AG and Lego Canada Inc. v. Ritvik Holdings Inc./Gestions Ritvik Inc. (now operating as Mega Bloks Inc.), the Federal Court of Appeal held that functional features of a toy design are properly the subject of patent law and not subject to trade-mark protection.
Deeth Williams Wall https://www.dww.com/articles/lego-block-design-not-protected-by-trademark-canada

Jurisdiction Declined in Internet Case for Lack of Connection Jurisdiction Declined in Internet Case for Lack of Connection

Information Technology
July 31, 2003July 31, 20032015-07-08
The US Fourth Circuit Court of Appeal in Carefirst of Maryland, Inc. v. Carefirst Pregnancy Centers, Inc. recently declined to exercise jurisdiction in Maryland over an Illinois defendant for Internet-based activities. The plaintiff, a Maryland corporation, owned rights to the CAREFIRST trade-mark, including a federal trade-mark registration. The defendant, an Illinois non-profit corporation, obtained a number of domain names, some of which had CAREFIRST as part of the name. Users of these domain names were diverted to the defendant_s web site where the name CAREFIRST appeared throughout. The plaintiff sued the defendant in Maryland for infringement and dilution of trade-mark.
Deeth Williams Wall https://www.dww.com/articles/jurisdiction-declined-internet-case-for-lack-of-connection

Medical Marijuana: Contrasting Perspectives in Canada and the US Medical Marijuana: Contrasting Perspectives in Canada and the US

Medical Devices
July 31, 2003July 31, 20032015-07-08
In Canada, Health Canada is poised to start distribution of marijuana to certain patients in conjunction with a User's Manual on how to use the drug.   Health Canada's activist role has been thrust upon it by a ruling by the Ontario Superior Court that to deny the drug to suffering patients infringes their rights under the Canadian Charter of Rights and Freedoms.   (See Hitzig v. Canada (2003), 171 CCC (3d) 18 for the decision).
Deeth Williams Wall https://www.dww.com/articles/medical-marijuana-contrasting-perspectives-canada-and-us

What's in a Name? Canadian Governments Win Domain Names What's in a Name? Canadian Governments Win Domain Names

Domain Names
July 31, 2003July 31, 20032015-07-08
The governments of Canada and Alberta have recently won disputes over registration of several official-sounding .ca domain names.   In each case, the arbitrators ruled that the government has rights to the name and that the domains were registered in bad faith.   The federal government won the rights to the domains , , and , among others.   The government of Alberta won the rights to the domain .
Deeth Williams Wall https://www.dww.com/articles/whats-a-name-canadian-governments-win-domain-names

Principles for Electronic Authentication in Canada - Consultation Draft Principles for Electronic Authentication in Canada - Consultation Draft

Information Technology
July 31, 2003July 31, 20032015-07-08
A consultation draft of Principles for Electronic Authentication (the EA Principles) has been produced for public comment by a private/public sector collaboration (the Principles of Electronic Authentication Working Group), an initiative spearheaded by Industry Canada.
Deeth Williams Wall https://www.dww.com/articles/principles-for-electronic-authentication-canada-consultation-draft

High-Speed Internet Access Now Available to a Wider Market in Canada High-Speed Internet Access Now Available to a Wider Market in Canada

Information Technology
July 31, 2003July 31, 20032015-07-08
It no longer matters who provides your local phone service you can keep your high-speed Internet access.
Deeth Williams Wall https://www.dww.com/articles/highspeed-internet-access-now-available-to-a-wider-market-canada

WIPO Panel Decides Eurail Pass Domain Names Dispute WIPO Panel Decides Eurail Pass Domain Names Dispute

Domain Names
July 31, 2003July 31, 20032015-07-08
An administrative panel of the World Intellectual Property Organization (WIPO) has recently decided a case under the Uniform Domain Name Dispute Resolution Policy (UDRP) between Eurail (the European joint venture supplying tickets and passes for rail and ship travel in Europe) as Complainant and Epasses of San Francisco as Respondent.
Deeth Williams Wall https://www.dww.com/articles/wipo-panel-decides-eurail-pass-domain-names-dispute

Web Site Terms and Conditions Enforced by Quebec Court Web Site Terms and Conditions Enforced by Quebec Court

Litigation
July 17, 2003July 17, 20032015-09-23
A Canadian court recently considered the issue of the enforceability of terms and conditions of use of information based only on the implied consent of web site users by their downloading of information from the site.
Deeth Williams Wall https://www.dww.com/articles/web-site-terms-and-conditions-enforced-by-quebec-court

US Government and Generic Drugs: More Activity in Congress and Elsewhere US Government and Generic Drugs: More Activity in Congress and Elsewhere

Food and Drug
July 17, 2003July 17, 20032015-09-23
In the June 19 issue of E-TIPS, we reported two US Government administrative changes designed to bring generic drugs to market more quickly. Later in June, the US Government took other initiatives aimed at reducing prescription drug prices, both in the US and internationally.
Deeth Williams Wall https://www.dww.com/articles/us-government-and-generic-drugs-more-activity-congress-and-elsewhere

Survey Says Risk of Liability for Office E-Mail Increasing Survey Says Risk of Liability for Office E-Mail Increasing

Privacy
July 17, 2003July 17, 20032015-07-08
In a follow-up to its 2001 survey, the American Management Association (AMA), in conjunction with secure-message software vendor Clearswift Ltd. and the ePolicy Institute, released the results of its 2003 E-mail Rules, Policies and Practices Survey of 1,100 US businesses. In the US, there is growing deference to workplace e-mail liability: 14% of companies now report that e-mail has been subpoenaed for trial, and 5% indicate that e-mail triggered a law suit.
Deeth Williams Wall https://www.dww.com/articles/survey-says-risk-of-liability-for-office-email-increasing

Update: Canadian Genetically Modified Foods _ For Sale Soon in the EU Update: Canadian Genetically Modified Foods _ For Sale Soon in the EU

Biotechnology
July 17, 2003July 17, 20032015-07-08
As reported in the July 3 issue of E-Tips, in May 2003, the US, joined by Canada and Argentina, had brought a complaint to the World Trade Organization (_WTO_) regarding European Union (_EU_) restrictions on the import of genetically modified (_GMO_) products.
Deeth Williams Wall https://www.dww.com/articles/update-canadian-genetically-modified-foods-for-sale-soon-eu

Reverse Engineering Clause Upheld for Shrink-Wrap Agreements Reverse Engineering Clause Upheld for Shrink-Wrap Agreements

Technology Contracting
July 17, 2003July 17, 20032015-07-08
A recent refusal by the US Supreme Court to hear an appeal from a lower courts decision further strengthens the position of software producers in the use of anti-reverse engineering clauses in shrink-wrap licenses.
Deeth Williams Wall https://www.dww.com/articles/reverse-engineering-clause-upheld-for-shrinkwrap-agreements

US Case Note: Kelly v. Arriba Soft Corporation (July 7, 2003), No. 00-55521 (9th Circuit, 2003) US Case Note: Kelly v. Arriba Soft Corporation (July 7, 2003), No. 00-55521 (9th Circuit, 2003)

Information Technology
July 17, 2003July 17, 20032015-07-08
A photographer, Leslie Kelly, had sued Arriba Soft Corporation (now Ditto.com) for infringing his copyrights in photographs when Arriba made thumbnails of his pictures and stored them in a public image search engine. When the thumbnails were clicked, the user was shown the full-sized versions of the pictures. The federal 9th Circuit Court of Appeals affirmed the District Court's ruling that making these thumbnail copies of images for the search engine was 'fair use'. However, the appellate court held that the linking to the full-sized images, originally deemed to be fair use by the court below, was not suitable for summary judgment, and remanded the case for further consideration on that issue.
Deeth Williams Wall https://www.dww.com/articles/us-case-note-kelly-v-arriba-soft-corporation-july-7-2003-no-0055521-9th-circuit-2003

No Confusion Between Trade-marks CHRISTINA 4 YOU & Design and 4 YOU Design No Confusion Between Trade-marks CHRISTINA 4 YOU & Design and 4 YOU Design

Trademarks
July 17, 2003July 17, 20032015-07-08
The Federal Court of Canada recently held that the trade-mark CHRISTINA 4 YOU & Design was not confusing with the trade-mark 4 YOU Design as of its filing date and should not be expunged from the register.
Deeth Williams Wall https://www.dww.com/articles/no-confusion-between-trademarks-christina-4-you-design-and-4-you-design

Canada Considers Copyright Term Extension for Unpublished Works Canada Considers Copyright Term Extension for Unpublished Works

Copyright
July 3, 2003July 3, 20032019-04-10
A recent attempt to amend Canada's Copyright Act has stirred controversy between policy makers and stakeholders. The copyright provisions of Bill C-36 would amend a provision of the Act relating to the term of copyright for unpublished works of deceased authors whose death occurred between 1930 and 1950. Unusually, the proposed copyright amendments were included in an unrelated bill to merge the National Archives with the National Library of Canada.
Deeth Williams Wall https://www.dww.com/articles/canada-considers-copyright-term-extension-for-unpublished-works

Markman-Style Patent Claim Hearings Coming to Canada Markman-Style Patent Claim Hearings Coming to Canada

Patents
July 3, 2003July 3, 20032015-07-08
The Federal Court of Canada (Trial Division) has recently allowed what may be Canada's first Markman-style claim interpretation hearing. In his May 28, 2003 decision in Realsearch Inc. v. Valone Kone Brunette Ltd., Mr. Justice Noël granted a motion to hold a separate determination of the issue of claim construction before the trial of the main action on patent infringement. The case related to mechanical devices for removing bark from logs. The applicant sought a preliminary determination of the meaning of two specific and technical phrases in the claims.
Deeth Williams Wall https://www.dww.com/articles/markmanstyle-patent-claim-hearings-coming-to-canada

EU Close to New Directive on Patentability of Software-Related Inventions EU Close to New Directive on Patentability of Software-Related Inventions

Patents
July 3, 2003July 3, 20032015-09-23
A committee of the European Union (EU) recently reported on its review of a proposed directive concerning the patentability of software-related inventions. According to the report, its general aim is to "counter any extension of the scope of patent protection for software while resisting the call to exclude patent protection altogether", in response to the liberalizing trend of the European Patent Office ("EPO").
Deeth Williams Wall https://www.dww.com/articles/eu-close-to-new-directive-on-patentability-of-softwarerelated-inventions

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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