snIP/ITs Insights on Canadian Technology and Intellectual Property Law

Monthly Archives: November 2014

The most hackable month of the year: steps companies can take to protect themselves from data breaches

Posted in Data Breach, E-Commerce, Privacy

In a few short days it will be Cyber Monday, the kickoff to the financial madness that is the holiday shopping season. For cybercriminals and fraudsters, December represents the mother lode of hackable data.

How big is the risk?

The malevolently-inclined are getting more ambitious (a 2014 study by the Ponemon Institute that evaluated security-breach costs in the retail sector suggests that average size of a breach is about 30,000 records) and more damaging (average loss is now about $105 per stolen record). The same study estimated that the average cost of a cybercrime for the retailer is about $3.15-million. … Continue Reading

Mobile App Privacy Practices: The Office of the Privacy Commissioner of Canada Issues Tips For Communicating Privacy Practices to App Users

Posted in Privacy

Communicating privacy practices to users of mobile apps can be challenging, especially given small screen sizes and the difficulty of capturing app user attention.  The Office of the Privacy Commissioner of Canada (OPC) has acknowledged these challenges and, in September 2014, published Ten Tips for Communicating Privacy Practices to Your App’s Users.

These tips were provided in connection with the findings of the second annual Global Privacy Enforcement Network (GPEN) Privacy Sweep, which the OPC participated in along with twenty-five other privacy enforcement authorities from around the world.

The GPEN Privacy Sweep assessed 1,211 apps with a focus on … Continue Reading

Supreme Court of Canada to Hear Landmark Pharmaceutical Section 8 Damages Case

Posted in Intellectual Property, Patents

On October 30, 2014, the Supreme Court of Canada granted leave to Sanofi-Aventis’ (“Sanofi”) application for leave to appeal a decision of the Federal Court of Appeal (2014 FCA 68). By granting leave to Sanofi, the Supreme Court will now consider for the first time the correct interpretation of, and the correct legal framework applicable to quantifying section 8 damages under the Patented Medicines (Notice of Compliance) Regulations (“PM(NOC) Regulations”).

The PM(NOC) Regulations strike a balance between the interests of innovative pharmaceutical companies and generic manufacturers, by requiring generic manufacturers to address innovators’ patents before receiving … Continue Reading