snIP/ITs Insights on Canadian Technology and Intellectual Property Law

Monthly Archives: April 2014

The Digital Privacy Act: Proposed Amendments to PIPEDA

Posted in Privacy

On Tuesday April 2, 2014, the government gave first reading to proposed amendments to the Personal Information Protection and Electronic Documents Act (“PIPEDA”). These amendments have been tabled as Bill S-4 in the Senate (the “Bill”), which is entitled the Digital Privacy Act.

The Bill is broadly similar to the former Bill C-29 which was introduced in 2010 but never passed.  However there are some changes, particularly in introducing a new “compliance agreement” paradigm.

Broadly, the major changes proposed in the Bill can be summarized as follows.  The Bill would:

  • Require mandatory reporting of security breaches
Continue Reading

Permitted Exclusive Use of English Trademarks in Québec: Magasins Best Buy Ltée, Costco Wholesale Canada Ltd. et al v. Québec

Posted in Regulatory Compliance

For any business seeking to sell its products or offer its services in the Province of Québec, the carrying out of such activities and the way in which such businesses operate generally are profoundly affected by the enduring linguistic restrictions imposed by the Québec Charter of the French Language[1] (the “Charter”). Adopted by the Québec National Assembly in 1977, the Charter’s stated objective is to safeguard the quality and influence of the French language in both the workplace and as the language of commerce. In the area of business and commerce, the Charter requires that business names, … Continue Reading

Social Media and Disclosure in Litigation: Garacci v Ross

Posted in Social Media

Overview

Information disseminated through social media platforms such as Facebook and LinkedIn is of growing utility in litigation matters. Evidence obtained from social media accounts by way of discovery preservation and production orders has significantly strengthened the positions of litigating parties. This should come as no surprise as individuals routinely “post” messages, thoughts, pictures and experiences on these platforms, leaving a wake of evidence in the process.

There has been marked development in this area of law in Canadian jurisprudence. To date, Courts and Tribunals have, among other things, ordered the preservation and production of entire social media accounts, dismissed … Continue Reading

Hot Off the Press – Doing Business in Canada: Navigating Opportunities for Investment and Growth

Posted in Anti-Spam, Consumer Protection, E-Discovery

If your organization is currently thinking about establishing or acquiring a business in Canada, the newest edition of Doing Business in Canada, written by McCarthy Tétrault, will prove to be a valuable resource. The guide provides a broad overview of the legal considerations that non-residents should take into account to help ensure their success as they enter into a business venture in Canada. Each section offers timely information and insightful commentary on different areas of law.

The book includes a chapter on information technology, with sections on:
  • export control of technology
  • consumer protection
  • anti-spam and anti-spyware
  • cyber-libel
  • criminal law
Continue Reading

Patent Law Historical Observations: Oil and Gas

Posted in Intellectual Property, Patents

We recently posted an article reviewing the year past in oil and gas patent litigation.  We analyzed new Federal Court cases and issued decisions and provided commentary on future implications.  You can read that article here.

This article continues that analysis by looking backwards in time; specifically to oil and gas patent litigation for the years 2009-2012.  What conclusions can be drawn if we look at a 5-year window of time?

The short answer is that 2013 was as busy a year for oil and gas patent litigation as the previous four years combined.

For the 2009-2012 timeframe there … Continue Reading