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Posted in: CRTC | Telecommunications | Sports | Communications

Insights TheSpotlight
The Coach is in the Corner By Stephen Zolf Nov 12, 2019 The focus of this post is not on the content of Don Cherry’s recent Coach’s Corner rant, but rather on wherein lies editorial responsibility for such comments from the standpoint of media/content regulation.
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Posted in: Intellectual Property | Patent

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Canada’s New Patent Regime: CIPO’s Eleventh Hour Guidance By Erica L. Lowthers, PhD, Kimberly A. McManus, PhD and Kitt Sinden, M.Sc. Oct 15, 2019 On October 30, 2019, the new Canadian Patent Act and Rules will come into force introducing substantive administrative procedural changes. On October 15, 2019, with only 15 days remaining before these changes come into force, the Canadian Intellectual Property Office has released its revisions to...
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Posted in: Court Decision | Intellectual Property

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Unwrapping File Wrapper Estoppel: Federal Court Considers Admissibility of Prosecution History Under New Section 53.1 By L.E. Trent Horne Oct 09, 2019 A recent decision of the Federal Court in Canmar Foods Ltd. v. TA Foods Ltd. has provided the first interpretation of section 53.1 of the Patent Act, which permits reference to a patent’s prosecution history to assist in claim construction.
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Posted in: Communications

Insights TheSpotlight
Election 2019: The “Netflix Tax” May Be Hiding in Plain Sight By Stephen Zolf Oct 07, 2019 In our recent post,we surveyed the various proposals in the Liberal Party of Canada 2019 Election Platform. This post does a deeper dive on a specific tax reform proposal in the election platform aimed at the digital sector. Under the weighty heading “New Revenue: Making Taxes More Fair,” the ele...
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Posted in: Communications

Insights TheSpotlight
Throwing Election Promises Against the Digital Wall: Will They Stick? By Stephen Zolf Oct 04, 2019 The midpoint of the federal election campaign has arrived and with it the release of the detailed (and costed) Liberal Party of Canada 2019 Election Platform. While most observers will focus on the high-profile issues in the platform such as universal pharmacare and climate change, regulatory and...
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Posted in: Artificial Intelligence

Insights TheSpotlight
Legal Tech and the Changing Legal Services Industry - Weekly Update - August 1 By Aaron Baer Aug 01, 2019 This weekly update on the field of Artificial Intelligence identifies a number of interesting articles about technology and the law.
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Insights TheSpotlight
Pia-Lauren Reece Has Success with Patent Agent Examinations By Pia-Lauren Reece, PhD Jul 11, 2019 Pia-Lauren Reece has successfully passed the Canadian Patent Agent Examinations and will become a qualified Canadian Patent Agent.
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Posted in: Artificial Intelligence

Insights TheSpotlight
Legal Tech and the Changing Legal Services Industry - Weekly Update - July 10 By Aaron Baer Jul 10, 2019 This weekly update on the field of Artificial Intelligence identifies a number of interesting articles about technology and the law.
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Posted in: Blockchain

Insights TheSpotlight
Facebook’s New Digital Currency By Donald B. Johnston, Paige Backman and Kaija Sandberg Jul 09, 2019 On June 19, Facebook announced plans to launch a new digital currency, Libra, which will allow users to make online payments via digital wallets as soon as early next year.
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Posted in: Artificial Intelligence

Insights TheSpotlight
Legal Tech and the Changing Legal Services Industry - Weekly Update - June 27 By Aaron Baer Jun 27, 2019 This weekly update on the field of Artificial Intelligence identifies a number of interesting articles about technology and the law.
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Posted in: Data Protection | Privacy | Data Security/Privacy

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Smart Cities: An Opportunity for Engagement on Big Data Governance By Steve J. Tenai Jun 20, 2019 Quayside, a proposed “smart city” on Toronto’s waterfront,1 has garnered a lot of attention about big data initiatives relative to privacy and data governance. Smart city proposals underscore the importance of balancing the benefits of data analytics with privacy rights. A reactive, complaints-ba...
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Posted in: Artificial Intelligence

Insights TheSpotlight
Legal Tech and the Changing Legal Services Industry - Weekly Update - June 19 By Aaron Baer Jun 19, 2019 This weekly update on the field of Artificial Intelligence identifies a number of interesting articles about technology and the law.
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Posted in: Data Protection | Security | Data Security/Privacy

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Canada’s New Digital Charter and What this Means for PIPEDA By Aaron Baer and Sarah Newman Jun 13, 2019 On May 21, 2019, the Honourable Navdeep Bains, Minister of Innovation, Science and Economic Development, announced the launch of Canada’s own Digital Charter.
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Posted in: Artificial Intelligence

Insights TheSpotlight
Legal Tech and the Changing Legal Services Industry Weekly Update - June 6 By Aaron Baer Jun 06, 2019 This weekly update on the field of Artificial Intelligence identifies a number of interesting articles about technology and the law.
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Posted in: Intellectual Property | Trademarks

Insights TheSpotlight
Changes to Canada’s Trademarks Act By Ken Clark, R. Grant Cansfield, L.E. Trent Horne and Timothy M. Lowman Jun 04, 2019 It has been a long time coming, but effective June 17, 2019, Canada’s new Trademarks Act takes force. Trademark applications filed after June 17 will be evaluated using Canada’s new rules.
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Posted in: Data Security/Privacy | CASL | CRTC

Insights TheSpotlight
Directors and Officers May Be Found Personally Liable Under CASL By Aaron Baer and Sarah Newman May 28, 2019 In a recent compliance and enforcement decision, the CRTC found that nCrowd, Inc. sent CEMs that violated CASL. Importantly, the CRTC also found Brian Conley (“Conley”), the President and Chief Executive Officer of nCrowd, liable for the violations and imposed upon him an administrative monetary ...
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Posted in: Intellectual Property

Insights TheSpotlight
Canadian Courts Take a Pro-patentee Stance in Respect of Granting Interim or Interlocutory Injunctions By Pia-Lauren Reece, PhD May 24, 2019 It is well accepted that patentees looking to obtain interlocutory or interim injunctions against alleged infringers have a tough road ahead of them since the granting of such relief by Canadian courts has been very uncommon. However, it is not impossible as both a provincial and a federal court ...
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Posted in: Data Protection | Privacy | Data Security/Privacy

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Biometric Identification and Privacy Concerns: a Canadian Perspective By Paige Backman and Aaron Baer May 21, 2019 Advancements in technology have greatly expanded the types of biometric information that we are readily able to collect from individuals, as well as the ways in which such biometric information can be used. Facial structure, fingerprints, speech patterns, voice recognition, iris composition and r...
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Posted in: Data Protection | Data Security/Privacy | Privacy

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OPC Proposed Change Equal to Legislative Change Without Legislative Process By Paige Backman, Donald B. Johnston and Aaron Baer May 08, 2019 On April 9, 2019, the Office of the Privacy Commissioner of Canada (OPC) announced it was looking to change their position on trans-border flow of personal information. The proposed change in position will impact not only cross-border data transfers between controllers and processors, but also ot...
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Posted in: Court Decision | arbitration

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Wake Up Call: The Supreme Court of Canada’s Review of the Intersection between Arbitration and Class Action Lawsuits in Telus Communications Inc. v. Wellman By Brandon Carter and David Stevens Apr 10, 2019 On April 4, 2019, the Supreme Court of Canada released its decision in Telus Communications Inc. v. Wellman. The decision involved the consideration of a series of arbitration agreements, the Ontario Arbitration Act, 1991, the Ontario Consumer Protection Act, 2002, and a consumer and non-consumer...
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Posted in: Intellectual Property | Copyright | Europe

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The Dawning of a New Dark Age for Europe By Ken Clark and Monica Carinci Apr 05, 2019 Darkness looms over the Internet in Europe as members of the European Parliament voted in favour of the proposed directive on copyright in the Digital Single Market. The new rules, which are aimed at providing more protection for rights-holders, have the potential to change internet culture as we...
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Posted in: Intellectual Property

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The Competition Bureau Publishes Final Version of its Revised Intellectual Property Enforcement Guidelines By Ken Clark and Brandon Carter Mar 22, 2019 On March 13, 2019, the Competition Bureau published the final version of the revised Intellectual Property Enforcement Guidelines.
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Posted in: Telecommunications | CRTC

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The Federal Government Signals a New Policy Approach for the CRTC in the Telecom Sector By Stephen Zolf Mar 07, 2019 On February 26, 2019, the Minister of Innovation, Science and Economic Development tabled a Proposed Order Issuing a Direction to the CRTC on "Implementing the Canadian Telecommunications Policy Objectives to Promote Competition, Affordability, Consumer Interests and Innovation." If implemented s...
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Posted in: Privacy | Court Decision | Data Security/Privacy

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“Privacy is Not an All-or-Nothing Concept”: The Supreme Court of Canada’s decision in R. v. Jarvis By Donald B. Johnston and Brandon Carter Feb 20, 2019 On February 14, 2019, the Supreme Court of Canada released its decision in R. v. Jarvis, a case that centered on determining when and where a person will be criminally liable for observing or recording others, without their knowledge, for sexual gratification.
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