snIP/ITs Insights on Canadian Technology and Intellectual Property Law

Monthly Archives: April 2017

Fair, Reasonable and Non-Discriminatory: UK Patent Court Enjoins Huawei from using Standard Essential Patents Owned by a Non-Practicing Entity

Posted in Intellectual Property, Patents

On April 4, 2017, the Honorable Justice Birss of the High Court of Justice (Chancery Division) issued his decision in Unwired Planet International v Huawei Technologies, [2017] EWHC 711 (Pat). The decision provides a comprehensive review of the application of Fair, Reasonable and Non-Discriminatory (FRAND) principles to the licensing of Standard Essential Patents (SEPs).… Continue Reading

Information location tool and fair dealing copyright defenses rejected: Trader v CarGurus

Posted in Copyright, Intellectual Property

If you’ve ever shopped for a used car, you likely know the two popular services, autotrader.ca and CarGurus. In a decision released earlier this week in Trader v CarGurus, 2017 ONSC 1841, Trader (the owner and operator of autotrader.ca) was awarded statutory damages of $305,604 against CarCurus for infringements of its copyrights in photographs of vehicles. The decision written by Justice Conway of the Ontario Superior Court contains some important interpretations of the Copyright Act including in relation to the scope of the new making available right, the copyright defenses for information location tools and fair dealing, and the calculation … Continue Reading

LOT Network

Posted in Intellectual Property, Patents

In a previous blog post, we briefly discussed the LOT Network’s initiative in in the fight against patent assertion entities (PAEs), more commonly known as patent trolls. Since the publication of that post, the LOT Network has overhauled its member agreement and published new information and statistics on how the program is working to protect companies from PAEs We have provided below a brief summary of some of the key changes.… Continue Reading

Australian Regulator Issues Guidance on Use of Distributed Ledger Technology: The View from Canada

Posted in Fintech, Regulatory Compliance

In an effort to help regulated entities and interested parties evaluate whether the use of distributed ledger technology (DLT) would enable them to meet their regulatory obligations and to fast-track its discussions with stakeholders, the Australian Securities and Investments Commission (ASIC) has released an information sheet, “Evaluating Distributed Ledger Technology” (INFO 219), offering guidance for entities licensed by ASIC and start-ups that are “considering operating market infrastructure, or providing financial or consumer credit services” using DLT or blockchain.

Noting the “intense interest in DLT” ASIC is seeing from a wide range of financial services market players in recent … Continue Reading