Intellectual Property
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November 08, 2024
SCC elaborates on framework, scope for judicial review of regs and other subordinate legislation
The Supreme Court of Canada has ruled 9-0 that the Vavilov “reasonableness” standard for judicial review — informed by some of the Katz Group principles — presumptively applies when courts review whether subordinate legislation is authorized by law.
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November 07, 2024
Court order obtained against legal software maker Dye & Durham as part of competition probe
The federal Competition Bureau has obtained a court order to advance an investigation into whether Toronto-based legal and business software provider Dye & Durham is engaging in conduct contrary to the restrictive trade practices provisions of the Competition Act, including abuse of a dominant position.
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November 07, 2024
TikTok Canada plans legal challenge to Ottawa’s order to cease operations
The Canadian arm of popular, China-based social media platform TikTok is vowing to take legal action to block a federal government order to close its operations due to national security concerns.
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November 06, 2024
Report reviews new drugs’ potential impact on future drug spending in Canada
The Patented Medicine Prices Review Board has released an extensive listing of new medicines in the late stages of clinical evaluation that it predicts may “significantly impact clinical practice or drug spending in the coming years.”
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November 05, 2024
An accounting of profits for passing off
After a long and convoluted history of litigation between the parties, the Federal Court of Appeal granted an accounting of profits to the applicant for passing off by the defendant. The profits were to be determined by way of a reference. In keeping with the history, the refence was hotly contested (Group III International Ltd. v. Travelway Group International Ltd., 2024 FC 119).
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November 04, 2024
Fed. Ct. judges take to YouTube to address bar’s & litigants’ non-disclosure of gen-AI court filings
Knowing that at least some (if not how many) lawyers and self-represented litigants are failing to disclose their use of ChatGPT or other generative artificial intelligence (AI) tools when they create content for documents filed in Federal Court, the national trial court has taken the novel step of posting YouTube videos, titled “Compliance with the Notice on the Use of Artificial Intelligence,” featuring judges who explain how to comply with the mandatory AI-use disclosure obligations the court imposed 10 months ago.
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November 01, 2024
Judicial council’s 1st ‘guidelines’ for AI use by judges & courts highlight risks, advise caution
The Canadian Judicial Council (CJC) is advising courts to exercise caution when using artificial intelligence (AI) tools given the potential risks, including entangling the judiciary in “legal complexities,” such as the infringement of copyright or violation of privacy laws.
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October 31, 2024
Competition Bureau calls for more competition in multi-billion-dollar pet medication market
The Competition Bureau is calling for more competition in the pet medication market to address high consumer prices and fewer options.
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October 31, 2024
Rising cyber crime driven by ransomware attacks, state actors like China, says report
Canadian organizations and individuals are increasingly threatened by cybersecurity attacks, with the People’s Republic of China (PRC) representing by far the most active and sophisticated state-sponsored danger, according to a report by the Ottawa-area-based Canadian Centre for Cyber Security.
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October 31, 2024
AI’s (in)ability to reason and what it means for lawyers
One of the most difficult aspects of my role at Fasken is telling lawyers that their great idea for the use of artificial intelligence (AI) in their practice is not possible today and may not be possible for some time to come. (Note: Although not all AI is generative AI, for the purpose of this article, they’ll be used largely interchangeably as they often are in day-to-day life.)