IPBlog (Calgary)

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Intellectual Property Law, Trade-marks and Internet Law in Canada
Updated: 33 min 36 sec ago

USPTO Patent Eligibility Guidelines

Thu, 2014/12/18 - 15:00
By Richard Stobbe What is eligible to be patented in the US? This week the U.S. Patent and Trademark Office (USPTO) released Interim Eligibility Guidance on patent subject matter eligibility. In this document, the USPTO summarizes the instructions for examiners on the following categories which are exceptions to patent eligibility: abstract idea, natural phenomena, ...

Copyright Implications of a “Right to be Forgotten”? Or How to Take-Down the Internet Archive.

Thu, 2014/12/18 - 15:00
- By Richard Stobbe  They say the internet never forgets. From time to time, someone wants to challenge that dictum. In our earlier posts, we discussed the so-called "right to be forgotten" in connection with a Canadian trade-secret misappropriation and passing-off case and an EU privacy case. In a brief ruling in October, the ...

Intellectual Asset Management Best Practices – Part 2

Thu, 2014/12/18 - 15:00
 - By Richard Stobbe In Part 1, we looked at three important steps in starting an intellectual asset management process within your organization. “Intellectual assets” can include the know-how and intellectual capital within your organization together with registered and unregistered intellectual property (IP), inventions, trade-secrets, patents, copyright-protected works, trademarks, industrial designs, and ...

Copyright: Canada’s Notice-and-Notice Provisions

Thu, 2014/12/18 - 15:00
By Richard Stobbe The made-in-Canada notice-and-notice provisions are coming in January, 2015.  You may recall that in June 2012 the Copyright Modernization Act was passed by Parliament. Portions of the new copyright law came into force in November 2012, while the so-called notice-and-notice procedures were held back, to give the government time ...

Update: PIPA Revived

Thu, 2014/12/18 - 15:00
By Richard Stobbe As a follow-up to our earlier post (PIPA on Death's Door), Alberta's Personal Information Protection Act (PIPA) has been resuscitated. The Supreme Court of Canada (SCC) has granted a six-month reprieve, to allow the Government of Alberta to pass amendments to PIPA. An amended bill was tabled in ...

CASL 2.0: The Computer Program Provisions (Part 3)

Thu, 2014/12/18 - 15:00
- By Richard Stobbe The CRTC has released guidelines on the implementation of the incoming computer-program provisions of Canada's Anti-Spam Law (CASL). Software vendors should review the  CASL Requirements for Installing Computer Programs for guidance on installing software on other people's computer systems. Remember, the start-date of January 15, 2015 is less than ...

Indirect Patent Infringement in the US

Thu, 2014/12/18 - 15:00
By Richard Stobbe In a recent decision in the US (Riverbed Technology, Inc. v. Silver Peak Systems, Inc.), a company was found liable for indirect patent infringement even though the infringing features of its product were disabled when the product was sold. In the post-sale period, customers enabled the infringing features.  This was ...

The Troubles with Patent Inventorship

Thu, 2014/12/18 - 15:00
By Richard Stobbe Determining inventorship is answering the question: who contributed enough to an invention to be named as an "inventor" on the patent application? It's critical, as reviewed by my colleague Shohini Bagchee in her article Whose Invention Is It Anyway? – Some Thoughts on Patent Inventorship and Ownership. Although the US case ...

Two Privacy Class Actions: Facebook and Apple (Part 2)

Thu, 2014/12/18 - 15:00
- By Richard Stobbe In Part 1, we looked at the B.C. decision in Douez v. Facebook, Inc. Another proposed privacy class action was heard in the B.C. court a few months later: Ladas v. Apple Inc., 2014 BCSC 1821 (CanLII). This was a claim by a representative plaintiff, Ms. Ladas, alleging that ...

Two Privacy Class Actions: Facebook and Apple

Thu, 2014/12/18 - 15:00
- By Richard Stobbe Two privacy class actions earlier this year have pitted technology giants Facebook Inc. and Apple Inc. against Canadian consumers who allege privacy violations. The two cases resulted in very different outcomes. First, the Facebook decision: In Douez v. Facebook, Inc., 2014 BCSC 953 (CanLII), the court looked at two ...

CASL 2.0: The Computer Program Provisions (Part 2)

Thu, 2014/12/04 - 08:00
- By Richard Stobbe In Part 1 we looked at some basic concepts. In Part 2, we look at "enhanced disclosure" requirements. If the computer program that is to be installed performs one or more of the functions listed below, the person who seeks express consent must disclose additional information. This disclosure must ...

Alberta Privacy Law Update: PIPA on Death’s Door

Wed, 2014/12/03 - 16:00
By Richard Stobbe About a year ago on November 15, 2013, Alberta's Personal Information Protection Act (PIPA) was declared invalid on constitutional grounds. The Supreme Court of Canada (SCC), in its wisdom, deferred the effect of this order for a 1 year period, to permit the Alberta legislature to revisit and amend the legislation ...

CASL 2.0: The Computer Program Provisions (Part 1)

Thu, 2014/11/27 - 14:00
- By Richard Stobbe It's mid-October. Like many businesses in Canada, you may be weary of hearing about CASL compliance. Hopefully that weariness is due to all the hard work you did 3 months ago to bring your organization into compliance for the July 1st start-date. If you're a software vendor, then you ...

Drafting IT Agreements: Oct. 14-15

Wed, 2014/11/26 - 14:00
- By Richard Stobbe I will be speaking next week at the 10th Essentials of Commercial Contracts Course in Calgary, Alberta (Download PDF) on the subject of IT contracting. This session will discuss key considerations in IT licensing and service agreements including: Key clauses in IT agreements and common mistakes Various models for licensing software Overlap ...

Update on Injunction Against Google (Equustek Solutions Inc. v. Google Inc.)

Mon, 2014/10/06 - 15:00
- By Richard Stobbe Last summer, Google was ordered by a Canadian court to de-index certain offending websites which were selling goods that were the subject of an intellectual property (IP) infringement claim (Equustek Solutions Inc. v. Jack, 2014 BCSC 1063 (CanLII), see our earlier post: Court Orders Google to Remove ...

Crowdfunding: Tips for the Start-Up

Mon, 2014/10/06 - 15:00
- By Richard Stobbe If you are a start-up considering the crowdfunding route, let's talk. Here are a few tips to consider: IP: Most crowdfunding portals require extensive disclosure of the start-up's business plans and product prototypes. That makes sense - after all, investors want to know what they're investing in. The start-up should consider ...

Crowdfunding: A Canadian Update

Mon, 2014/10/06 - 15:00
- By Richard Stobbe A Canadian company, Vrvana, Inc. is seeking $350,000 through Kickstarter, to finance its development of a virtual reality headset marketed as the Totem. Vrvana has elected to pursue a reward-based crowdfunding model. For example, minimal donations of $15 come with a newsletter subscription and event invitations. The top end contribution ...

Ownership of Photograph by Employee

Mon, 2014/10/06 - 15:00
- By Richard Stobbe While our last post dealt with the creation of photographs and other works of authorship by primates, robots and divine beings, this story is a little more grounded in facts that you might see in the average work day. When an employee takes a photograph, who owns copyright in ...

Monkey See, Monkey Do… However Monkey Does Not Enjoy Copyright Protection

Mon, 2014/10/06 - 15:00
By Richard Stobbe I know this story crested a few weeks ago, but who can resist it? A famous 1998 Molson Canadian ad posed a Canadian version of the infinite monkey theorem. The cheeky ad, showing a seemingly endless array of monkeys on typewriters, sidestepped the more important question about whether the monkeys as ...

Confidentiality & Sealing Orders in Software Disputes

Mon, 2014/10/06 - 15:00
- By Richard Stobbe Two software companies wanted to integrate their software products. The relationship soured and one of the parties - McHenry - purported to terminate the Software Licensing and Development Agreement and then launched a lawsuit in the Federal Court in the US, claiming copyright infringement and breach of contract. ...