snIP/ITs Insights on Canadian Technology and Intellectual Property Law

Monthly Archives: October 2013

Enforcing an Intellectual Property Judgment in Canada

Posted in Intellectual Property

Whether we are talking about patents, trademarks, copyright or other forms of intellectual property, they need to be enforced and protected. One outcome of IP litigation can be a monetary award, for example, an award of damages. Organizations sometimes find themselves in a position where a final award in an IP case must be enforced against an individual or a company located in Canada. This happens, for example, where the Canadian defendant has no meaningful assets located in the foreign jurisdiction. It happens more often than one might think.

Essentially, a foreign judgment is viewed as a contractual obligation that … Continue Reading

Under the Hood of Usage-Based Car Insurance: FSCO Issues Guidance on Privacy, Permissible Data Use, and Pricing

Posted in Privacy

The Next Big Thing in privacy is the advent of usage-based insurance (“UBI”), made possible by a telematics device – a small gizmo that plugs in to the diagnostic port of a car, monitors a driver’s driving habits, and sends that information wireless to an insurer/third party. Insurers in turn offer up to 25% savings on insurance rates based on “safer” driving. Available for over a year in the US, insurers have now begun offering similar programs in Canada, prompting the industry regulator in Ontario, the Financial Services Commission of Canada (“FSCO”), to release a bulletinContinue Reading

Do you need to examine inventors located in Canada as a part of your patent lawsuit?

Posted in Intellectual Property, Patents

Almost invariably, defendants in a patent lawsuit seek to examine the inventors of the patent or patents in issue.  But, what do you do if an inventor resides in Canada?  Generally, non-Canadian courts are not able to assert personal jurisdiction over Canadians and, therefore, cannot compel them to give evidence under oath for the purposes of a lawsuit.  If a Canadian witness does not willingly provide evidence, commission evidence may be sought via the enforcement of what are called “letters of request”.  Essentially, these represent a foreign court’s request that a Canadian court order someone to appear and be examined … Continue Reading

Ontario Court of Appeal Decisions on Distracted Driving Could Hurt Development of Connected Cars

Posted in Distracted Driver

Background

Last week was an exciting week for those who monitor developments in technology and the law. First, a Canadian telecom company announced it had just signed a deal that would allow it to introduce wireless internet service for Canadian cars. The next day, the Ontario Court of Appeal released two companion decisions that added some oomph to Ontario’s distracted driving laws – merely holding a mobile phone, said the court, is sufficient to put you offside the law. The phone doesn’t have to be on and it doesn’t even have to be near your ear: it just has to … Continue Reading

Manitoba Joins the Ranks of Other Provinces in Enacting its Own Private Sector Privacy Legislation

Posted in Privacy

The government of Manitoba recently enacted the Personal Information Protection and Identity Theft Prevention Act (“PIPITPA”) to regulate the collection, use and disclosure of personal information by the private sector in Manitoba.[1] The statute has not come into force but this enactment is momentous, as it will enable Manitoba to join the ranks of Alberta, British Columbia and Quebec, which all have their own private sector privacy legislation that is “substantially similar” to the federal Personal Information Protection and Electronic Documents Act (“PIPEDA”).[2] Manitoba is also the first province to move in this direction … Continue Reading