snIP/ITs Insights on Canadian Technology and Intellectual Property Law

Monthly Archives: October 2014

Lapse of Alberta PIPA Thwarted

Posted in Privacy

In my blog dated October 17, 2014, titled, “Impending Lapse of PIPA Creates Uncertainty”, I explored the consequences of PIPA being struck had the Alberta government failed to amend PIPA to comply with the Canadian Charter of Rights and Freedom (the “Charter”) and meet the November 15, 2014 deadline.

Since my October 17, 2014 blog, I have had the opportunity to meet Jill Clayton, the Alberta Information and Privacy Commissioner. In my discussion with Jill Clayton, she advised me that, on October 31, 2014, the Alberta government was granted a 6 month extension to amend PIPA and ensure compliance. … Continue Reading

CASL Enforcement: Much Ado About Nothing?

Posted in Anti-Spam

Was it all for nothing? CASL, I mean.

The mad rush towards the July 1, 2014 deadline, the thousands (in many cases, hundreds of thousands) of dollars spent on compliance, the escalating salvo of shrill e-entreaties to please, please, please provide consent.

All the hype, all the fuss and….nothing. Was it Y2K all over again?

Complaints

From the perspective of organizations, the eerie calm may indeed be reminiscent of those first few seconds past midnight on January 1, 2000. For the CRTC, however, the regulatory wheels have been furiously churning for months. Unlike Y2K, the first few hours after July … Continue Reading

Impending Lapse of PIPA Creates Uncertainty

Posted in Privacy

On November 15, 2013, the Supreme Court of Canada struck down the Alberta Personal Information Protection Act (“PIPA”) in Alberta (Information and Privacy Commissioner) v United Food and Commercial Workers, Local 401, 2013 SCC 62 (“United Food”), and despite a one-year stay to allow for necessary amendments, delay on the part of the Alberta government has caused PIPA’s lapse to become an inevitability.

The SCC found that sections of PIPA violated the right to freedom of expression enshrined in s. 2(b) of the Canadian Charter of Rights and Freedoms (the “Charter”). Further, the SCC found … Continue Reading

Canada and the EU Successfully Conclude CETA: What It Means to the Pharmaceutical Industry

Posted in Intellectual Property, Patents

On September 26, 2014, Prime Minister Harper announced that Canada and the European Union have successfully concluded negotiations on a new trade agreement, the Comprehensive Economic and Trade Agreement (CETA) that was five years in the making, and publicly released the consolidated text of the agreement.

CETA is deeper in substance and broader in scope than any other such agreement in Canadian history, significantly affecting all economic areas, including the pharmaceutical sector.

The CETA chapter on intellectual property is of particular interest to the pharmaceutical industry, because it will introduce into Canada for the first time:

  • additional (sui generis
Continue Reading