Intellectual Property
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October 15, 2024
IPC decisions consider encryption-based cyberattacks with no data exfiltration
Do organizations have privacy reporting obligations when threat actors gain access to their IT systems without exfiltrating any data?
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October 10, 2024
Canadian Judicial Council rolls out new advisory guidelines for federal judges on their social media use
“Proceed with caution” might sum up, in a nutshell, the latest official advice for judges on their use of social media.
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October 10, 2024
Artificial Intelligence and voice contracts: Where are we now in Entertainment Law?
In the evolving battle of artificial intelligence (AI) and aggregated personality, characteristics and attributes of actors and famous personalities, the human voice has become a persistent battleground, one that is followed keenly by entertainment lawyers.
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October 09, 2024
Personal injury lawyers ask SCC not to make it harder for clients to sue foreign defendants
When can people injured abroad sue in Canadian courts? Does the presumption of innocence apply in non-criminal settings? When a miscarriage of justice occurs, what is the scope of an appeal court’s power to acquit when setting aside a guilty plea? These are some of the questions raised by appeals slated for the Supreme Court of Canada’s new fall session as counsel began making their arguments this week in a court building with stepped-up exterior security features, such as an imposing barricade of large cement planters.
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October 08, 2024
Federal Court of Appeal patent ruling affirms infringement liability may extend beyond Canada
Montreal-based Angelcare Group is savouring the sweet smell of success again in its fight to protect patents on a product designed to avoid the unpleasant odour of a dirty diaper.
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October 08, 2024
Reliance on artificial intelligence: Could it stymie the growth of law?
Regardless of one’s personal view of the topic, it is undeniable that artificial intelligence (AI) will impact the future of law, as it will much of the rest of society.
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October 07, 2024
Copyright infringement relating to the photographs of Vivian Maier
A decision of the Federal Court raises interesting issues relating to a claim for copyright infringement. The claim concerned photographs taken by the late Vivian Maier, an unknown photographer during her lifetime but whose works acquired fame posthumously (Maier Estate v. Bulger, 2024 FC 1267).
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October 04, 2024
Lights, camera, injunction: When drama moves from the cinema to the courtroom
Legal battles in the film industry often rival the riveting drama on screen. This year, the Toronto International Film Festival (TIFF) found itself entangled in a controversy surrounding Anastasia Trofimova’s documentary Russians at War. While the ongoing tension has so far stayed outside the courtroom, it has sparked discussions about the responsibilities of filmmakers, film festivals and audiences.
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October 04, 2024
Section 8 of the Charter is equipped to address technological advancements | Sana Sajid
Our understanding of privacy and its protection has evolved significantly. Section 8 of the Canadian Charter of Rights and Freedoms guarantees that “everyone has the right to be secure against unreasonable search or seizure.” As “supreme law,” Charter privacy protections must address legal frameworks regulating technological advancements.
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October 03, 2024
Federal Court grants interim order blocking protest websites targeting Indigo books chain
The Federal Court has allowed a motion by Toronto-based Indigo Books & Music Inc. for an interim domain blocking order against defendants operating websites entitled Indigo Kills Kids. It was said to be the first time that such an order was granted to apply to cellular service along with internet service.