snIP/ITs Insights on Canadian Technology and Intellectual Property Law

Monthly Archives: April 2015

CASL Reduced Legitimate Email as Much as “Spam”: Cloudmark Study

Posted in Anti-Spam

As part of its 2015 Q1 Security Threat Report, the network security firm Cloudmark has released an empirical analysis of email traffic in Canada, following the coming-into-force of Canada’s anti-spam law (informally known as “CASL”). The results show that CASL has had a measurable effect on email in Canada, but the effect may not be what the government intended.

Average monthly email volumes received by Cloudmark customers in Canada declined by 29%, but the percentage of received email that Cloudmark assessed as “spam” actually increased, albeit by an insignificant amount (from 16.5% to 16.6%). In other words, the … Continue Reading

PM(NOC) Proceedings: Teva defeats VELCADE cancer treatment patent

Posted in Patents

In reasons dated February 26, 2015, Justice Barnes dismissed Janssen’s application for an order prohibiting the Minister of Health from issuing a Notice of Compliance to Teva for the compound bortezomib until the expiry of Canadian Letters Patent 2,203,936 (the ‘936 Patent). The ‘936 Patent relates to bortezomib and its use to treat cancer.

The fatal finding for the ‘936 Patent was its characterization by the Court as a selection patent. Justice Barnes held that bortezomib falls within a genus of compounds claimed by an earlier patent, all of which are said to be highly potent in the treatment of … Continue Reading

FIPA Report Calls For Unnecessary Regulation of Auto Sector Privacy: Are Other Sectors of the Economy Next?

Posted in Privacy

On March 24, the BC Freedom of Information and Privacy Association (FIPA) released a report titled, The Connected Car: Who Is In the Driver’s Seat (the “Report”). The 123-page Report describes the increasing use of digital features and services in today’s automobiles and, among other things, recommends that the federal government enact data protection regulations aimed specifically at the auto sector. The Report is authored principally by Phillippa Lawson, formerly the Executive Director of the Canadian Internet Policy and Public Interest Clinic.

There is more and more software being used in vehicles, and there are a growing number … Continue Reading

McCarthy Tétrault launches CyberLex blog

Posted in Consumer Protection, Data Breach, Privacy

McCarthy Tétrault has just launched its twelfth blog, CyberLex, at http://www.canadiancybersecuritylaw.com. This blog discusses trends and developments in cybersecurity, privacy and data protection law in Canada and internationally; offers practical suggestions and insights on how these issues affect companies in a wide variety of industries; and provides guidance on how to address various challenges and opportunities created by technology and legislative developments.

Please visit the blog!… Continue Reading