snIP/ITs Insights on Canadian Technology and Intellectual Property Law

Tag Archives: SCC

SCC To Weigh In On Fees For Identifying ISP Subscribers: Rogers v. Voltage

Posted in Copyright, Litigation

One of the essential and recurring challenges of regulating unlawful conduct on the Internet—be it child pornography, harassment, fraud, data theft, content piracy, or otherwise—is identifying who is responsible.

Frequently, one can identify an IP address that is (or may be) a target of interest. IP addresses can be traced to responsible organizations, through publicly accessible registries.  However, to complete the chain back to a person generally requires the cooperation of the organization.

Commercial ISPs are in the business of providing IP addresses (and network connectivity) to their customers. So, inevitably, they find themselves on the receiving end of many … Continue Reading

Technological neutrality, technological neutrality, technological neutrality: CBC v SODRAQ

Posted in Copyright

The Supreme Court released a landmark judgment yesterday in the closely watched case, Canadian Broadcasting Corp. v. SODRAC 2003 Inc., 2015 SCC 57. The 7-2 judgment of the Court was delivered by Rothstein J (with whom McLachlin C.J., Cromwell, Moldaver, Wagner, Gascon and Côté JJ agreed).

The judgment established the following principles.… Continue Reading

Canadian Courts Refuse to Settle for Weak Privacy Rights: “Imperial Oil Limited v Alberta”

Posted in Privacy

Overview

Last week, the Supreme Court of Canada (“SCC”) dismissed leave to appeal the Alberta Court of Appeal (“ABCA”) decision in Imperial Oil Limited v Alberta., thereby endorsing the ABCA’s approach to settlement privilege in the context of applications under the Freedom of Information and Protection of Privacy Act (“FOIPP”).[1] Settlement privilege is alive, well, and strongly protected in Alberta, even in the more public regulatory context, as long as parties fall within the exceptions set out in ss. 16 and 27 of FOIPP.Continue Reading

SCC Holds Disclosure of Private Communications Engages Constitutional Rights

Posted in Privacy

In its Nov. 14, 2014 decision in Wakeling v. United States of America, 2014 SCC 72, the Supreme Court of Canada (SCC) held that s. 8 of the Canadian Charter of Rights and Freedoms (the Charter) (the right to be free from unreasonable search and seizure) applies to the disclosure of communications obtained through a wiretap to police authorities in a foreign jurisdiction.… Continue Reading

Supreme Court Invalidates Pfizer’s Blockbuster VIAGRA® Patent

Posted in Patents

Canada’s top court has struck down Pfizer Inc.’s lucrative patent on VIAGRA, paving the way for generic entry into the Canadian marketplace shortly.

In Teva Canada Ltd. v. Pfizer Canada Inc., 2012 SCC 60, the Supreme Court of Canada unanimously (7-0) declared Pfizer’s patent for its blockbuster VIAGRA drug invalid on the basis of insufficient disclosure.

Background – the ‘466 Patent

Pfizer research scientists initially investigated “sildenafil citrate” (VIAGRA’s active compound) for use as a cardiovascular drug.  However, upon discovering sildenafil’s peculiar effect on rats, scientists began to suspect that the compound might be useful in treating erectile dysfunction … Continue Reading