intellectual property Archives

intellectual property

Budget 2021 data and intellectual property

Federal Budget 2021 released earlier today has a few notable proposed expenditures in the areas of data and intellectual property.

The budget proposes a new “Data Commissioner”. This role “would inform government and business approaches to data-driven issues to help protect people’s personal data and to encourage innovation in the digital marketplace”. Budget 2021 proposes to provide $17.6 million over five years and $3.4 million per year ongoing, to create a Data Commissioner. It also proposes to provide $8.4 million over five years and $2.3 million ongoing, to the Standards Council of Canada to continue its work to advance industry-wide data governance standards.…

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Developments in computer, Internet and e-commerce law: the year in review (2018-2019)

I gave my annual presentation yesterday to the Toronto computer Lawyers’ Group on “The year in review in Computer, Internet and E-Commerce Law”. It covers the period from June 2018 to June 2019. The developments include cases from Canada, the U.S. the U.K., EU, Australia, South Africa, India and other countries.

The developments are organized into the broad topics of:

Privacy / Big Data / AI
Employee / HR
E-commerce / Online Agreements
Online Remedies / Governance / Jurisdiction
Copyright

The cases and other documents referred to are below.…

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intellectual property

IP and the digital economy in the Federal Budget

The Minister of Finance tabled the Government of Canada’s budget earlier today. Titled, The Road to Balance: Creating Jobs and Opportunities, the budget contained a few proposed plans related to intellectual property and the digital economy.

The Economic Action Plan proposes to modernize Canada’s intellectual property framework “to better align it with international practices.” These plans which had previoulsy been announced were described as follows:

Canada’s existing framework for protecting intellectual property is not aligned with international practices, creating unnecessary costs for our innovative businesses.

…

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intellectual property

Intellectual property education: are Canadian law schools doing enough to support innovation?

Innovation is a major driver of economic growth. It is also central to the competitiveness of the Canadian economy. It is an engine that creates challenging and well paying jobs. The protection of intellectual property is an important element in promoting innovation and in supporting markets in the trade and dissemination of innovative and creative products and services.[1] Intellectual property is now a crucial asset, the ownership of which has become pivotal to corporations. In some sectors their ultimate value is their IP.…

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Developments in Computer, Internet and E-Commerce Law (2012-2013)

Earlier today, I gave my annual presentation to the Toronto Computer Lawyers’ Group on developments in Computer, Internet, and e-commerce Law. The slides cover the period from my last presentation in June 2012, Developments in Computer, Internet and E-Commerce Law (2011-2012).

The cases summarized in the slides below canvass developments in a number of countries and include cases from Canada, United States, UK, Ireland, Australia, and Israel.

CANADA

1004964 Ontario Inc. v. Aviya Technologies Inc., 2013 ONSC 51

A.B…

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Homeaway.com Decision Threatens to Re-write Trade-mark Law in Canada (But Is it for the Better?)

In a case that could have major ramifications for trade-marks law in Canada, Justice Hughes of the Federal Court has concluded that, when a trade-mark appears on a computer screen website in Canada, regardless where the information may have originated from or be stored, constitutes for Trade-Marks Act purposes, use and advertising in Canada.

This strong conclusion comes from Homeaway.com, Inc. v. Martin Hrdlicka, 2012 FC 1467, a decision released December 12, 2012. In this case, the Applicant sought to expunge a trade-mark registered in 2010 by the Respondent Hrdlicka.…

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Upcoming IP/IT events you won’t want to miss

It’s the fall. After a long hot summer, you may be ready to attend a conference, roundtable, or panel discussion to learn about important developments or issues in IT/IP law. Here are few I am participating in that you may want to attend.

October 3-4, The 2012 Quorum Club. The Quorum Club brings together senior corporate counsel and senior private law firm practitioners in a setting where they can share ideas, opinions and network in a way that few gatherings in Canada offer.…

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Developments in Computer, Internet and E-Commerce Law (2011-2012)

Here are the slides used in my presentation to the Toronto Computer Lawyers Group earlier today, The Year in Review: Developments in Computer, Internet and E-Commerce Law (2011-2012). It covers significant developements since my talk last spring, Developments in Computer, Internet and E-Commerce Law (2010-2011).

The slides include a summary of the following cases:

Kraft Real Estate Investments, LLC v Homeway.com, Inc. 2012 WL 220271 (D.S.Car. Jan 24, 2012)

Swift v. Zynga Game Network, Inc., 805 F.Supp.2d…

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Redefining copyright in the digital era

Here is a copy of the article with the above title published in the January 20, 2012 edition of The Lawyers Weekly.

In early December, copyright lawyers from across the country descended on the Supreme Court to participate in a cluster of cases that may redefine the scope of copyright in the digital era.

The first case heard, ESA v. SOCAN, put the question directly to the court of how the bundle of rights set out in s. 3 of the Copyright Act ought to be construed in the case of downloads of files containing musical works. …

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Developments in Computer, Internet and E-Commerce Law (2010-2011)

Here are the slides used in my presentation to the Toronto Computer Lawyers Group earlier today, The Year in Review: Developments in Computer, Internet and E-Commerce Law (2010-2011). It covers significant developements since my talk last spring.

The slides include a summary of the following cases and statutory materials:

Privacy:

Cite Cards Canada Inc. v. Pleasance, 2011 ONCA 3

Leon’s Furniture Limited v. Alberta (Information and Privacy Commissioner), 2011 ABCA 94

State Farm Mutual Automobile Insurance Company v. Privacy Commissioner of Canada, 2010 FC 736

Nammo v.…

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