snIP/ITs Insights on Canadian Technology and Intellectual Property Law

Monthly Archives: March 2012

Hot Off the Press – Canadian Telecommunications Regulatory Handbook

Posted in E-Commerce, Privacy, Regulatory Compliance

McCarthy Tétrault has just published Canadian Telecommunications Regulatory Handbook by partner Hank Intven.

The Handbook provides a detailed summary of Canadian telecommunications law and regulation and is a convenient single reference source for the text of the laws, treaties, regulations, directions, orders, rules and other key documents that govern Canadian telecommunications regulation.

This Handbook includes a chapter discussing the Do Not Call regime, Canadian anti-spam legislation and lawful access proposals, which may be of interest to in-house counsel in the tech and marketing space.

You can read more about the Handbook on McCarthy Tétrault’s website, where the book … Continue Reading

Preserve Documents in the Face of Litigation

Posted in E-Discovery

With the massive number of emails and other electronic documents generated today on a daily basis, organizations face tough challenges in preserving documents in the face of litigation. In Voom HD Holdings LLC v. EchoStar Satellite LLC, Index No. 600292/08, 2012 NY Slip Op 00658 (January 31, 2012), the New York Appellate Division provides some timely guidance on what steps parties should take to preserve documents when faced with the prospect of litigation.

The case involved a contractual dispute where the parties had been engaged in contentious discussions for six months prior to the filing of the lawsuit. The … Continue Reading

Responding to Canadian Patent Office Objections: The Equivalents Clause

Posted in Patents

This is part of a series of posts reviewing common Canadian Patent Office objections to patent applications and claimed inventions and providing some insight into how these objections may be addressed.

The Clause

Equivalents clauses are common in patent specifications, particularly those originally prepared and filed in the United States. A classic equivalents clause provides that the invention is not limited to specific embodiments disclosed in the description, and encompasses modifications falling within the scope of the claims. In the US, the clause reinforces application of the doctrine of equivalents. In Canada, the clause has a similar function, reinforcing a … Continue Reading

Responding to Canadian Patent Office Objections: Patent Prosecution Primer

Posted in Patents

The Canadian Patent Act and Patent Rules provide the entire statutory framework for patent law in Canada. The Act and Rules contain all of the requirements to be satisfied before the Commissioner of Patents is obliged to grant a patent. These requirements relate to two main aspects of patents: (a) the nature of the invention for which patent protection is sought; and (b) the patent application that describes and claims the invention. 

The Act and Rules form a complete code for patent grant. Subsection 27(1) of the Patent Act requires the Commissioner of Patents to grant a patent if the … Continue Reading

Do Not Track – Recent Developments in the World of Online Behavioural Advertising

Posted in E-Commerce, Privacy

Last week was a big week for “Do Not Track” (DNT) developments:

  1. Google officially joined company with a coalition of big internet players for voluntary controls on Online Behavioural Advertising (OBA). The controls take the form of an industry spanning self-regulatory program, backed by the Digital Advertising Alliance (DAA), that aims to provide a consistent and clear approach to OBA. The Council of Better Business Bureaus (CBBB) and the Direct Marketing Association (DMA) have agreed to monitor participants and enforce compliance.
  2. Google announced that it will add support for DNT to its Chrome browser by the end of the
  3. Continue Reading