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Posted in: Privacy

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Recent Changes to Ontario’s Personal Health Information Protection Act By Meghan A. Cowan Aug 17, 2017 There have been a number of new changes introduced with respect to Ontario’s Personal Health Information Protection Act (“PHIPA”). The Ontario government filed a new regulation on June 29, 2017 (Ontario Regulation 224/17 -- the “New Regulation”). The New Re...

Posted in: Privacy

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Legal Update: New Civil and Criminal Consequences for ‘Revenge Porn’ By Meghan A. Cowan Aug 10, 2017 There have been many cases in the media lately about ‘revenge porn’ or nonconsensual pornography – the explicit portrayal of an individual without their consent. Examples include the recent Hollywood celebrity phone hacking scandal (where nude pictures of various female celebrit...

Posted in: Data Security/Privacy | CASL | GDPR | Data Protection

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With All Eyes Turned to CASL, is Anyone Paying Attention to GDPR? With Less Than 1 Year Before GDPR Takes Effect, Make Sure Your Organization is Ready By Paige Backman and Aaron Baer Jul 21, 2017 In early June, the Government of Canada came to its senses by suspending the provision of Canada’s Anti-Spam Legislation (“CASL”) that would have enabled a private right of action to be brought as of July 1, 2017. While this decision provided temporary relief to businesses who f...

Posted in: Intellectual Property | Court Decision

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Protection of Rights in Canada and International Comity Supreme Court of Canada Plants its Flag Down By Paige Backman, Aaron Baer and Codie Mitchell Jul 13, 2017 The Supreme Court of Canada’s recent and much-anticipated decision in Google Inc. v. Equustek Solutions Inc. is extremely important for many reasons. It has been applauded by Canadian companies whose intellectual property rights are being infringed by overseas companies, but, it has left ma...

Posted in: Data Security/Privacy | Data Protection

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Cyber Security, Risk, Response and Cyber Insurance By Paige Backman, Aaron Baer and Monica Carinci Jul 10, 2017 Relying on cyber infrastructure to operate has become fundamental to most businesses. Critical infrastructure, such as the power grid, hospitals, emergency response, water and transportation (land, water and air) rely heavily on cyber infrastructure that is often networked with many other systems...

Posted in: Court Decision | Contracts

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Forum Selection Clauses in Canada: Enforceability in Consumer Contracts May be an Issue after Recent Supreme Court of Canada Decision By Paige Backman, Aaron Baer and Brandon Carter Jul 04, 2017 Key Implications for Businesses A recent Supreme Court of Canada (“Supreme Court”) decision has created uncertainty for businesses who rely on forum selection clauses in consumer contracts, particularly those online contracts which are not negotiated. In its decision, the Supreme Cour...

Posted in: Intellectual Property

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Supreme Court of Canada: The Promise Doctrine “is Not Good Law” By Erica L. Lowthers, PhD and Pia-Lauren Reece, PhD Jun 30, 2017 AstraZeneca Canada Inc. v. Apotex Inc., 2017 SCC 36 In a long-fought battle, AstraZeneca has prevailed over Apotex and has succeeded in realigning Canada’s stance on utility with most of the rest of the world. The Supreme Court of Canada has ruled that the Promise Doctrine is “punitiv...

Posted in: Intellectual Property

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Supreme Court of Canada Holds Promise of Utility Doctrine Incongruent with Patent Act AstraZeneca Canada Inc. et al. v. Apotex Inc. et al., 2017 SCC 36 By Kitt Sinden, M.Sc. Jun 30, 2017 Reasons for Judgement: Rowe J. (McLachlin, Abella, Moldaver, Karakatsanis, Wagner, Gascon, Côté and Brown concurring) On appeal from a judgment of the Federal Court of Appeal (2015 FCA 158) affirming a decision of Rennie J. (2014 FC 638) AstraZeneca applied for the 2,139,653 patent (...

Posted in: Data Security/Privacy | Data Protection

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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: Privacy | CASL

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Government of Canada Suspends Private Right of Action Provision By Paige Backman Jun 08, 2017 Every once in a while, my faith in common sense is restored just a bit. Yesterday, the Government of Canada, through Order in Council, suspended the provision of Canada’s Anti-Spam Legislation (“CASL”) that enabled a private right of action to be brought as of July 1, 2017. ...

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

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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...
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