Articles 2019

Aujourdʼhui
Aujourdʼhui
Hackers Aren’t Only in Movies?! The Rise of Ransomware Incidents in Canada and What Canadians Can Do About It

Hackers Aren’t Only in Movies?! The Rise of Ransomware Incidents in Canada and What Canadians Can Do About It

  • 27 février 2022
  • Emily Xiang, student, Osgoode Hall Law School; M. Imtiaz Karamat, associate, Deeth Williams Wall LLP

Ransomware incidents are becoming a daily reality of doing business in Canada and around the world. With this threat seeing a recent rise in frequency and severity, it is prudent for organizations to put in place the proper measures to safeguard themselves against future attacks.

Student Forum, Technologies de l'information et le droit de la propriété intellectuelle

The Law Society of Ontario Coming to Play in the Regulatory Sandbox

  • 27 février 2022
  • Abby Benattar and Kristen Robertson, WeirFoulds LLP

Legal services are out of reach for many Canadians. Research shows that Canadians do not seek advice for more than 80% of their legal issues. With the ever-present intersection between technology and legal services, and the goal of improving access to justice, the Law Society of Ontario has joined legal regulators both throughout Canada and abroad in adopting its own “regulatory sandbox”.

Student Forum, Technologies de l'information et le droit de la propriété intellectuelle

Designer Hayley Paige’s Battle with JLM Couture: Who owns @misshayleypaige?

  • 27 février 2022
  • Stephanie Carbone, Keslassy Freedman Gelfand LLP

Bridal designer Hayley Paige Gutman, known for her opulent gowns and booming social media presence, has been in an intense legal battle for the past two years with her former employer JLM Couture, Inc. On January 25, 2022, the United States Court of Appeals for the Second Circuit released its decision with respect to the most recent appeal from the designer.

Student Forum, Technologies de l'information et le droit de la propriété intellectuelle

Federal Court Considers New Patent Agent Privilege

  • 27 février 2022
  • Rebecca Kupfer and Paul Lomic, Lomic Law

In November of 2021, the Federal Court was tasked with further defining the scope of patent agent privilege. While amendments to the Patent Act pertaining to patent agent privilege came into force in 2016, the interpretation of this section was only recently discussed by the court in Case Management Judge Trent Horne’s decision in Janssen Inc et al v Sandoz Canada Inc, 2021 FC 1265.

Student Forum, Technologies de l'information et le droit de la propriété intellectuelle

Branding in the Metaverse - How Soon is Now?

  • 27 février 2022
  • Anastassia Trifonova

The term the “Metaverse” has recently gained a lot of traction among businesses, with several companies seizing the opportunity to expand their brand in the virtual space. This has included the filing of trademark applications in association with various virtual goods and services. The application of trademark rights to the Metaverse is largely unknown territory, making this an exciting area with the potential for a significant impact on IP law and businesses around the globe.

Student Forum, Technologies de l'information et le droit de la propriété intellectuelle
Rallysport “Races” Toward the Finish Line…

Rallysport “Races” Toward the Finish Line…

  • 27 février 2022
  • Amrita V. Singh, Marks & Clerk Law LLP

For the past few years, the copyright infringement saga involving Rallysport Direct LLC (Rallysport) and its former wholesaler has made its way through the courts. The Federal Court found that there was copyright infringement and awarded Rallysport both statutory and punitive damages. The wholesaler recently appealed this finding, but, the appeal was dismissed by the Federal Court of Appeal. The question remains: is this the end or another step on the way to the Supreme Court of Canada?

Student Forum, Technologies de l'information et le droit de la propriété intellectuelle
Ontario Centre of Innovation

Ontario Centre of Innovation

  • 27 février 2022
  • Andrew Shaughnessy, Torys LLP

The Ontario Centre of Innovation (OCI) has been a strong presence in Ontario’s entrepreneurial space for the last few decades. During this time, it has continued its objective to sponsor research and commercialization between industry and academia to exploit made-in-Ontario technologies. This work has led to several Ontario success stories and increased recognition for the importance of intellectual property to the economic growth of the Province.

Student Forum, Technologies de l'information et le droit de la propriété intellectuelle

Copyrighted NFTs: Beware that they don’t become ‘Not-Fun Tokens’

  • 24 novembre 2021
  • Daniel Daniele and Bryant Oakes, Norton Rose Fulbright Canada LLP

The market for Non-Fungible Tokens (NFTs) has exploded over the last year. Although this is an exciting new area for business, it is riddled with potential legal issues that must be properly understood by those who wish to operate in the marketplace. One of these issues pertains to the application of copyright laws to NFTs. Depending on the copyright ownership structure surrounding a given NFT, its use in the course of business may open the door to lawsuits rather than profits.

Student Forum, Technologies de l'information et le droit de la propriété intellectuelle
OSFI Updates on Cyber Security Incident Reporting

OSFI Updates on Cyber Security Incident Reporting

  • 14 novembre 2021
  • Elif Babaoglu

The Office of the Superintendent of Financial Institutions (OSFI) is an independent agency of the Government of Canada that contributes to the safety and soundness of the Canadian Financial system by regulating and monitoring federally regulated financial institutions (FRFIs). Recently, OSFI released updated requirements regarding the cyber security incident reporting requirements expected of FRFIs.

Student Forum, Technologies de l'information et le droit de la propriété intellectuelle
Claire Davis, Healthcare of Ontario Pension Plan

The Permanent and Irreversible Disposal of Personal Information

  • 14 novembre 2021
  • Claire Davis, Healthcare of Ontario Pension Plan

Although there are no current signs of Bill C-11 (Digital Charter Implementation Act, 2020) being revived in Parliament, the re-election of the Liberal government suggests that it is only a matter of time before it is reintroduced in some form. To prepare for this event, this commentary analyzes one of the more controversial aspects of Bill C-11: its obligations for the disposal of personal information.

Student Forum, Technologies de l'information et le droit de la propriété intellectuelle