snIP/ITs Insights on Canadian Technology and Intellectual Property Law

Monthly Archives: May 2014

Your Patent Has Been Infringed: Enforcement of Oil and Gas Patents in Canada

Posted in Intellectual Property, Patents

Introduction

Patent disputes are on the rise.  101 patent infringement actions were filed in in the Federal Court in 2013 as compared with 48 patent infringement cases in 2012.  As we explained previously, part of that increase is due to an increase in oil and gas patent litigation.  This raises the question; what do you do when you discover that your patent has been infringed?

Prosecuting Infringers

On April 23, we met with in-house counsel and other industry leaders at our new Calgary office to discuss the eleven steps that a patent holder in the oil and gas sector … Continue Reading

Evolving Law of Trade Dress in a Digital World

Posted in Intellectual Property, Trade-marks

In an increasingly crowded market, businesses are investing heavily into unique customer experiences to boost brand identity and loyalty. As expected, there is a growing need to protect the design and other distinguishing elements incorporated into the products, packaging as well as off and online customer experiences. Collectively, these features are known as the trade-dress or the look and feel of the brand. The recent crack-down on 22 counterfeit Apple stores illustrates the importance of trade-dress protection.

This article provides an overview of the law on trade-dress in Canada and surveys the movement in the US to protect the trade … Continue Reading

Barry Sookman comments on Google privacy case

Posted in Consumer Protection, Privacy

Our partner Barry Sookman was interviewed by CTV News Channel this morning to discuss today’s Court of Justice of the European Union judgment concerning Google and ordinary people’s “right to be forgotten”. The Court ruled that Google must amend some of its search results at the request of ordinary people when the results show links to outdated, irrelevant information. The case is bound to lead to further questions about the scope of the duties of search engines such as Google under EU laws.

View the interview here.… Continue Reading

CRTC updates FAQs – some clarity, along with some contradictions

Posted in Anti-Spam, Consumer Protection, E-Commerce, Regulatory Compliance

The CRTC just released a new FAQ on CASL, replacing the old one that it released in December 2013 (“December FAQ”). Those hoping the CRTC would take this opportunity to clarify some of the more vexing aspects of CASL and the accompanying Guidelines will be disappointed, as the new FAQ largely incorporates and reiterates material found in the Guidelines and the Regulatory Impact Assessment Statement.

While there are few new tidbits, in some key respects the new FAQ only further muddies the waters. Below are some select issues.… Continue Reading

Clotting Heartbleed: Guidance on Privacy Breaches, Notification Obligations and Proposed Amendments to Privacy Legislation

Posted in E-Commerce, Privacy, Regulatory Compliance

Canadian organizations with control over personal information should be aware of the privacy vulnerabilities of Heartbleed and their related legal obligations. Below, we have summarized: (1) the risks of Heartbleed; (2) the notification obligations of organizations that have experienced a privacy breach; (3) amendments to those obligations, as proposed by the federal government; and (4) recommendations  to protect your organization from privacy breaches and legal liability.

HEARTBLEED

Heartbleed is a serious security vulnerability that exists in certain versions of the OpenSSL software. OpenSSL is an open source software module created to implement certain cryptographic functions and provide various utility functions. … Continue Reading