Intellectual Property
InvestigationsOur Blog
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As part of our series on summary proceedings in IP cases, we previously commented on the Federal Court of Appeal’s guidance on when and how a court should determine if summary trial is appropriate. In this post, we consider Associate Judge Horne’s recent decision in Toronto-Dominion Bank v Dyas (“TD Bank”), which deals with when a Case Management Judge should schedule (or refuse to schedule) a summary trial.
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The proceedings in Canada (Privacy Commissioner) v Facebook Inc arose from the Privacy Commissioner’s investigation into Facebook’s practice of sharing users’ personal information with third-party apps. At the Federal Court, Justice Manson dismissed the Commissioner’s application, finding that the Commissioner had not shown that Facebook failed to obtain meaningful consent from users to disclose their data, and had not shown that Facebook failed to adequately safeguard user data. In its latest decision, Justice Rennie of the Federal Court of Appeal allowed the Commissioner’s appeal, concluding that Facebook indeed breached Personal Information Protection and Electronic Documents Act (PIPEDA)’s requirement to obtain meaningful consent from users prior to data disclosure and its obligation to safeguard user data.
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The recent decision in Munchkin Inc v Angelcare Canada Inc presents an example of circumstances in which foreign parent companies can be held liable for patent infringement in Canada.
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Fall Regulatory Round Up
Activity abounds on the regulatory landscape from modernization and transparency initiatives to consultations, collaborations, and even potential implementations. Our Fall Regulatory Round Up highlights significant developments for drug products and patents that are of interest to those in the life sciences and biotech spaces. We will be following these important regulatory initiatives as they continue to unfold and will provide updates of interest.
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In its recent decision, Mud Engineering Inc v Secure Energy Services Inc, a divided Federal Court of Appeal considered the effect of the parties’ failure to prove ownership in the context of a summary trial. Though both the majority and the dissenting opinions agreed that the Patent Act creates a rebuttable presumption of ownership, they differed on which party should bear the burden of proving ownership once that presumption has been successfully rebutted and on the effect of that rebuttal on the underlying infringement action.
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The intersection of artificial intelligence and intellectual property law is once again in the spotlight with the latest legal proceeding, Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic v Ankit Sahni.
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In the final instalment of our AI in the Courtroom series, we explore practical challenges that may arise when litigating in an AI world, and within the current framework of the Rules of Civil Procedure, Practice Directions, and common law. While the law is not entirely unequipped to deal with these challenges, evolution in the Rules and common law will likely be necessary as AI becomes more commonly used by various participants in the litigation process.
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Savvy content creators and copyright owners often use technical protection measures (also known as “TPMs”) to restrict what users can do with their works (often digital materials). The prohibition against circumventing TPMs is rooted in sections 41 and 41.1 of the Copyright Act, but their fit within the broader Copyright Act is the subject of ongoing debate.
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As widely reported by the likes of CBC, the Guardian, the Verge and CNBC, OpenAI has indicated they will “pause” the use of their AI-generated voice after users (and Scarlett Johansson herself) noted the striking similarity to Scarlett Johansson's voice from the film “Her”. This connection may have been intentional, OpenAI’s CEO, Sam Altman, posted a one-word message – “her” – on his social media on the day the AI-generated voice was unveiled.
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As artificial intelligence continues to permeate every aspect of our lives, legal challenges involving AI will proliferate. Parts 1 to 3 in our series explored many of these potential questions. AI will create new legal problems and change the texture of old ones. As always, the judiciary, with the assistance of counsel, will assume a pivotal role in navigating this landscape.
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