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Posted in: Data Security/Privacy | Data Protection

Insights TheSpotlight
OEB Provides First Look at Proposed New Cyber Security Framework By Gaurav Gopinath and David Stevens Jun 16, 2017 In December 2015, the lights blinked out across multiple provinces in the Ivano-Frankivsk region of Ukraine. Nearly a quarter of a million people lost power. Shortly after power was restored, Ukraine’s Computer Emergency Response Team announced they had identified the root cause: a cyb...

Posted in: Data Protection | Data Security/Privacy

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Report Indicates that Most Small Businesses Are Not Prepared for a Cyber Incident Jun 06, 2017 According to a May 2017 report by U.S. data firms Advisen and Experian, “seventy-five percent of insurance brokers and legal experts noted that their small business clients were either ‘not prepared at all’ or ‘not very well prepared’ to respond to a cyber incid...
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Mobile Data Breaches – Is Your Organization Truly Prepared? By Aaron Baer Jun 06, 2017 Mobile devices have become an integral component of IT infrastructure for virtually all businesses. However, a recent report by Dimensional Research (the “Report”) shows that most security professionals feel unprepared to defend against a mobile data breach. The Report is based on the...

Posted in: Data Security/Privacy | Data Protection

Insights TheSpotlight
Cybersecurity and Ransomware: Understanding Cyber Threats, Monitoring Data Leakage and Monitoring Reputational Damage By Aaron Baer Jun 05, 2017 Organizations around the world were recently (and rather rudely) reminded of their data vulnerability when WannaCry unleashed its international ransomware attack that seized data remotely and demanded a ransom for its release. This attack provided an important reminder of the risks associated wit...

Posted in: Sports | Data Security/Privacy

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Getting Fit… Legally – How to Manage Your Legal Risk as a Fitness Business Owner By Fiona Brown May 18, 2017 It is no surprise that there are many challenges to running a fitness business. One aspect which often troubles fitness business owners is how to go about ensuring compliance with all the different legal requirements that come with having employees and customers. As a client service industry, a f...

Posted in: TheSpotlight Categories | Intellectual Property

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Canadian Court of Appeal has Something to Say on Obviousness: Critical of Rigid Tests and Using a Solution-Based Identification of the Inventive Concept that Excludes Serendipitous Discoveries Means Atazanavir Salt Obvious By Kitt Sinden, M.Sc. May 08, 2017 The Federal Court of Appeal (“FCA”) recently affirmed a Federal Court (“FC”) finding that an antiviral salt was obvious, although based on different reasoning1. The FCA provided a detailed analysis of the “inventive concept” (“IC”), although it is arguably still unclear as to when/why it is appro...

Posted in: Intellectual Property

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The Ideal Cease and Desist Letter - Informative and Only Covertly Threatening? Apr 21, 2017 The oft-used cease and desist letter ("C&D letter") may have significant implications for both intellectual property ("IP") owner and alleged infringer alike. Although the test for an improper C&D letter may be well-established, there have been relatively few cases where such letters have...

Posted in: Intellectual Property

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Double Patenting: A Tale of Three Dates By Kitt Sinden, M.Sc. and Erica L. Lowthers, PhD Apr 20, 2017 Bristol-Myers Squibb Canada v. Apotex Inc., 2017 FC 296 (dasatinib/SPRYCEL™ - Justice Manson)In Canada, double patenting can be a difficult hurdle to overcome; the claims of a later-issued patent must be "non-coterminous" and "patentably distinct" from the claims of a co-owned earlier-issued pate...

Posted in: Data Security/Privacy

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Another Reminder to Comply with CASL: The CRTC Imposes $15,000 Penalty for Non-Compliance By Aaron Baer Apr 19, 2017 Canada's Anti-Spam Legislation ("CASL") creates a comprehensive regime designed to prohibit, among other things, unsolicited or misleading commercial electronic messages (including emails).As previously reported on The Spotlight, on July 1, 2017, CASL will introduce a new method for its enforceme...

Posted in: Intellectual Property | Upcoming Events

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Complimentary Webinar: Avoiding the Pitfalls Apr 05, 2017 Join us for a complimentary webinar.Intellectual Property: Avoiding the PitfallsDate: Thursday, April 20, 2017Time: 10:00 - 11:00 a.m. ETOverview:Join our panel of experts as we examine the most common intellectual property mistakes made by entrepreneurs and business owners. Not having an early-s...

Posted in: Data Security/Privacy | Upcoming Events

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Complimentary Webinar: Canada's Anti-Spam Legislation (CASL) - Are You Prepared for July 1? Apr 04, 2017 Join us for a complimentary webinar.Canada's Anti-Spam Legislation (CASL) - Are You Prepared for July 1?Date: Wednesday, April 19, 2017Time: 9:00 - 10:00 a.m. ETOverview:Some of the most significant changes to Canada's Anti-Spam Legislation (CASL) will take place in a few months. On July 1, 2017,...

Posted in: Data Security/Privacy

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Data Security & Employee Turnover: How to Protect Your Data When Employees Leave By Aaron Baer Mar 27, 2017 Employee turnover is an unavoidable reality for nearly all businesses. In addition to creating a number of financial and logistical difficulties, employee turnover also raises a number of data security issues. Chief among these issues is data protection upon employee departure. Unfortunately, it ...

Posted in: Intellectual Property

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Canadian Federal Budget 2017 - Implications for Science and Innovation By Kitt Sinden, M.Sc. Mar 23, 2017 The latest Federal Budget was introduced in Canadian parliament on March 22, 2017, with a focus on, among other things, science and innovation. Budget 2017 proposes to elevate the importance of science in government, with the establishment of a Chief Science Advisor and related secretariat. The C...

Posted in: Intellectual Property

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NAFTA Tribunal Finds Promise Doctrine Founded in 35 Plus Years of Canadian Jurisprudence - Not a Dramatic Change in the Requirements for Patent Utility By Kitt Sinden, M.Sc. Mar 23, 2017 Summary Eli Lilly's arguably last ditch attempt to challenge the Canadian courts' invalidation of two Canadian patents relating to the drugs olanzapine (Zyprexa™) and atomoxetine (Strattera™), using a NAFTA arbitration, has been rejected.[1] Eli Lilly's case was based on demonstratin...

Posted in: Intellectual Property

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Government of Canada Successful in Eli Lilly NAFTA Patent Arbitration By Kitt Sinden, M.Sc. Mar 20, 2017 The NAFTA Arbitration Tribunal in the Eli Lilly "Promise of the Patent" doctrine proceeding has issued a ruling, and it appears that the result is not a good one for Eli Lilly.The proceeding was brought in 2013 by Eli Lilly under Chapter 11 of NAFTA, claiming damages arising from patents relating...

Posted in: Data Security/Privacy

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July 1, 2017 - Private Right of Action Under Canada's Anti-Spam Law (CASL) - The Day Businesses Shake Their Head By Paige Backman Mar 01, 2017 If you've heard anything about CASL lately, you are aware that as of July 1, 2017, individuals and organizations are entitled to bring a "private right of action" in the courts against those that contravene certain provisions of Canada's Anti-Spam Law ("CASL"). Potential damages of up to $1 milli...

Posted in: Data Security/Privacy

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Employee Surveillance By Michael F. Horvat Feb 28, 2017 The continuous development of more sophisticated and cheaper technology effectively permits companies to have constant connectivity to their equipment, allowing management to monitor the use and allocation of company assets in virtual real-time. The installation of GPS tracking and other telemati...

Posted in: Data Security/Privacy

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Employee Behaviours and IT/Cyber Risk - A Webinar Recap Feb 27, 2017 On February 15, our Privacy and Data Security and Technology lawyers, Paige Backman, Meghan Cowan and Donald Johnston, hosted a webinar on Employee Behaviours and IT/Cyber Risk. They discussed the biggest risks to IT systems, what those risks are, and how to mitigate those risks.While most of us ...

Posted in: Data Security/Privacy

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Employee Behaviours and IT/Cyber Risk - Questions and Answers Feb 27, 2017 On February 15, our Privacy and Data Security and Technology lawyers hosted a webinar on Employee Behaviours and IT/Cyber Risk. They discussed the biggest risks to IT systems, what those risks are, and how to mitigate those risks.Throughout the webinar, a number of important questions were asked....

Posted in: Data Security/Privacy

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Are You Compliant With Canada's Anti-Spam Law (CASL)? If Not, Expect Lawsuits Starting on July 1 of This Year By Aaron Baer Feb 23, 2017 Individuals and organizations will soon be able to pursue a private right of action under Canada's Anti-Spam Law ("CASL"), and you can be sure class action lawyers are salivating at the prospects.Currently, CASL is enforced by three federal agencies: (i) the Canadian Radio-television and Telecomm...

Posted in: Data Security/Privacy

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The Expectation Gap: What Do Your Customers Expect When It Comes to the Security of Their Personal Information By Aaron Baer Feb 16, 2017 Customers frequently disclose personal information in order to engage with online retail, banking and social media platforms. However, a recent report by Gemalto (the "Report") reveals that customer expectations regarding responsibility for personal data security place a greater burden on the org...

Posted in: Intellectual Property | Upcoming Events

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Complimentary Webinar - Canadian Pharma Update: Patent Law Feb 07, 2017 Join us for a complimentary webinar on Thursday, February 9 from 9 - 10 a.m. regarding upcoming changes to the Canadian patent regime. The top 10 Canadian patent developments of concern to pharmaceutical companies will be discussed, including: Supreme Court of Canada considers utility requirement...

Posted in: Communications

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Sesquipedalianism and an Expatiation Upon Its Antithetical Impact on Interpersonal Communications: Big Words and Why They're Bad By Donald B. Johnston Feb 03, 2017 Clear writing is hard to find. Legal contracts are the worst culprits.I am always disappointed when I find unclear legal writing. The reason is this: we lawyers generally recognize that we are no longer in the business of mystifying. (We once were. That's why we wear the sacerdotal-ish looking ou...

Posted in: Intellectual Property

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Impending Importance of Patent Office Procedures to Canadian Patent Litigation Dec 14, 2016 A recent decision of the Federal Court[1] explicitly and repeatedly criticized a lottery ticket patentee for taking a "remarkable" "breathtaking" position on construction in an infringement action that was "entirely opposite" with prior representations to the Canadian Intellectual Property Office...
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