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Authors discuss the growth of neurotechnology (projected to reach $12.1 billion by 2026) and its privacy implications for consumers. Dealing with concerns with responsible innovation this article addresses challenges such as over-collection of neural data, third-party disclosures, and lack of transparency; and also highlights current legal positions in Canada and other jurisdictions.

In this ongoing series, we will profile each of the members of the OBA IP/ IT Law Section Executives to learn about them in five minutes or less. It’s five minutes or less because we know that a lot of you docket in six minute increments!

This article discusses the legal and regulatory challenges associated with identifying and designating products as ‘Canadian’. As consumers strive to gain further understanding of the origin of their potential purchases, businesses must make accurate representations regarding their products to be compliant.

This article highlights the continuing, rising threat of ransomware to Canadians, fuelled by the rapid development and deployment of certain attack techniques. Law firms in particular must take proactive measures to mitigate risks against ransomware attacks; it is now critical that lawyers stay informed and vigilant to operate a cyber-safe practice.

Canada is ramping up efforts to combat climate change by promoting green technology innovation through its Green Technologies Program. This initiative fast-tracks patent applications for eco-friendly innovations, reducing processing times significantly to encourage faster commercialization. However, limited awareness and participation highlight the need for targeted outreach and incentives to maximize the program’s potential and drive sustainable development.

This article discusses serious cybersecurity concerns faced by consumers of online ticket sales, very recently, Swifties – fans of Taylor Swift. Cybercriminals have been more active around this time, utilizing conventional methods such as phishing sites to steal sensitive information or impersonating friends through hacked social media accounts to sell fake tickets. To protect readers' next online ticket purchase, the author has listed few considerations.

In this ongoing series, we will profile each of the members of the OBA IT/IP Law Section Executives to learn about them in five minutes or less. It’s five minutes or less because we know that a lot of you docket in six minute increments!

This article outlines the background, and the key concepts decided by Federal Court and Federal Court of Appeal (FCA) in the investigation by the Office of Privacy Commissioner of Canada into Facebook's practices. The FCA concluded that Facebook failed to obtain meaningful consent from friends of users to disclose their data and breached its safeguarding obligations by failing to adequately monitor and enforce the privacy practices of third-party applications operating on the platform. 

A summary of the Supreme Court of Canada's recent decision on the appeal in R. v. Bykovets from the Court of Appeal of Alberta, on a 5-4 split judgment with the majority stating that Section 8 of the Charter protects the Internet Protocol from unreasonable search.

The Federal Court of Appeal in Google LLC v. Sonos Inc., 2024 FCA 44 dismissed Google’s appeal challenging the decision of the Federal Court that Sonos did not infringe Google’s patent (Canadian Patent No. 2,545,150), upholding the Federal Court’s decision (2022 FC 1116). The Google patent relates to a system for adaptive echo and noise control in electronic equipment – for example, smart speakers.

In the recent decision of Amer Sports Canada Inc. v. Adidas Canada Limited, the Supreme Court of British Columbia granted Arc’teryx an interlocutory injunction, temporarily preventing Adidas from using the word “TERREX” in association with its retail stores until a decision is made at trial.

Artificial Intelligence (AI) has obtained mainstream celebrity with the success of technologies like OpenAI’s ChatGPT fueling its popularity on a global scale. Apart from the average consumer, AI is revolutionizing traditional approaches for businesses across every industry.

A closer look at deepfake technologies in the legal landscape of Canada and the blurred lines between reality and fiction.

In this ongoing series, we will profile each of the members of the OBA IT/IP Law Section Executives to learn about them in five minutes or less. It’s five minutes or less because we know that a lot of you docket in six minute increments! Meet one of our Newsletter Editors: Summer Lewis!

Smart devices have transformed how we engage with technology in our daily lives, for various purposes such as home security, organization, communication, and entertainment. Despite overwhelming use, IoT devices are not inherently secure – and the lack of security can, in part, be exacerbated due to a user’s tech hygiene. This article explores best practices for promoting a cybersecure landscape in Canada.

On December 20, 2023, the Federal Court published the Amended Consolidated General Practice Guidelines. This article provides a summary of key amendments and some friendly reminders from previous practice directions, including guidance on filing electronic records, virtual commissioning, and mode of hearing.

An update on the recently published regulations with respect to Bill 96 in Quebec, from the Ontario perspective (for businesses that also operate in QC).

In this ongoing series, we will profile each of the members of the OBA IP/ IT Law Section Executives to learn about them in five minutes or less. It’s five minutes or less because we know that a lot of you docket in six minute increments!

In this ongoing series, we will profile each of the members of the OBA IP/ IT Law Section Executives to learn about them in five minutes or less. It’s five minutes or less because we know that a lot of you docket in six minute increments!

A summary of the use of artificial intelligence in the Federal Court.

In the recent decision of North Brewing Company Ltd. v DLA Piper (Canada) LLP, 2023 FC 1188, the Federal Court clarifies the extent to which variations of a registered trademark will constitute use of the mark by the owner in cancellation proceedings pursuant to section 45 of the Trademarks Act.

In this ongoing series, we will profile each of the members of the OBA IT/ IP Law Section Executives to learn about them in five minutes or less. It’s five minutes or less because we know that a lot of you docket in six minute increments! Meet this year's Chair: Paul Lomic!

In this ongoing series, we will profile each of the members of the OBA IT/ IP Law Section Executives to learn about them in five minutes or less. It’s five minutes or less because we know that a lot of you docket in six minute increments! Meet this year's Vice-Chair: M. Imtiaz Karamat!

In this new series, we ask senior lawyers to provide practice tips for junior lawyers in the OBA IT/ IP Law Section! In Part 1, we asked Andrew Shaughnessy, Partner at Torys LLP, for tips.

In the recent decision Energizer Brands, LLC v Gilette Company, 2023 FC 804, the Federal Court ruled that Duracell’s use of Energizer’s registered trademarks ENERGIZER and ENERGIZER MAX in comparative advertising on its sticker labels depreciated the goodwill in Energizer’s registered trademarks.

Authors of science fiction are sometimes unduly credited with predicting giant leaps in sci-tech, but the joy of reading them remains. Technology fiction came to be regarded as a serious literary sub-genre in the mid-20th century. The advent of the earliest computer, Alan Turing’s “Turing Machine,” and advancements in space exploration largely coincided with the works of Isaac Asimov, Arthur C. Clarke and Robert Heinlein.

ChatGPT, developed by Microsoft-backed research lab OpenAI, has occupied the artificial intelligence news stream since its initial launch in December 2022. ChatGPT is a natural language processing generative AI tool that, depending on the model a user can access, can generate text-to-text, or image-to-text, output in a formula which mimics human conversation. The first publicly available tool of its kind, ChatGPT has become one of the fastest-growing consumer applications of all time.

In this ongoing series, we will profile each of the members of the OBA IP/ IT Law Section Executive to learn about them in five minutes or less. It’s five minutes or less because we know that a lot of you docket in six-minute increments!

In The Coca-Cola Company v. The Attorney General of Canada, 2023 FC 424, the Coca-Cola Company appealed a decision of the Commissioner of Patents refusing to grant a patent on Canadian Patent No. 2,718,279 on the basis that the claims in the Application were obvious. The Federal Court allowed the appeal in part. It held that the Commissioner erred in its obviousness assessment of one of TCCC’s claims and referred the matter back for redetermination.

On March 2, 2023, the Federal Court announced a pilot program to create 'Chambers' of judges in the areas of: 1) IP/Competition; 2) maritime and admiralty; and 3) class actions. The notice indicated that the Chief Justice will assign IP, competition, and maritime and admiralty matters to members of the Court who have expertise in those areas, with the stated objective of developing expertise within those silos in the Court.