snIP/ITs Blog Monthly Review

Below is our Month in Review for May, highlighting posts on our snIP/ITs blog. You can follow the links to any of these specific posts, or you can visit the blog at www.canadiantechlawblog.com.

Your Patent Has Been Infringed: Enforcement of Oil and Gas Patents in Canada
By Steven Tanner and Timothy Ellam on May 28th, 2014

Introduction Patent disputes are on the rise. 101 patent infringement actions were filed in in the Federal Court in 2013 as compared with 48 patent infringement cases in 2012. As we explained previously, part of that increase is due to an increase in oil and gas patent litigation. This raises the question; what do you ...

Evolving Law of Trade Dress in a Digital World
By Roland Hung and Adrian Camara on May 23rd, 2014

In an increasingly crowded market, businesses are investing heavily into unique customer experiences to boost brand identity and loyalty. As expected, there is a growing need to protect the design and other distinguishing elements incorporated into the products, packaging as well as off and online customer experiences. Collectively, these features are known as the trade-dress ...

Barry Sookman comments on Google privacy case
By McCarthy Tétrault LLP on May 13th, 2014

Our partner Barry Sookman was interviewed by CTV News Channel this morning to discuss today’s Court of Justice of the European Union judgment concerning Google and ordinary people’s "right to be forgotten". The Court ruled that Google must amend some of its search results at the request of ordinary people when the results show links to outdated, ...

CRTC updates FAQs – some clarity, along with some contradictions
By Kirsten Thompson on May 12th, 2014

The CRTC just released a new FAQ on CASL, replacing the old one that it released in December 2013 ("December FAQ"). Those hoping the CRTC would take this opportunity to clarify some of the more vexing aspects of CASL and the accompanying Guidelines will be disappointed, as the new FAQ largely incorporates and reiterates material ...

Clotting Heartbleed: Guidance on Privacy Breaches, Notification Obligations and Proposed Amendments to Privacy Legislation
By Terry Gao and Rahim Esmail on May 6th, 2014

Canadian organizations with control over personal information should be aware of the privacy vulnerabilities of Heartbleed and their related legal obligations. Below, we have summarized: (1) the risks of Heartbleed; (2) the notification obligations of organizations that have experienced a privacy breach; (3) amendments to those obligations, as proposed by the federal government; and (4) ...