Articles

About Articles The following articles are published by the Information Technology and Intellectual Property Law Law Section of the Ontario Bar Association. Members are encouraged to submit articles. About Articles

Editors: Wendes Keung and Alessia Monastero

Today
Today

Responding to Online Brand Attacks

  • May 17, 2016
  • John Simpson

John Simpson outlines the options available to companies experiencing an online attack on its brand.

Information Technology and Intellectual Property Law

Bypassing a Subscription Paywall Violates Technological Protection Measure Provisions in Copyright Act, Negates Fair Dealing Defence

  • May 17, 2016
  • Lorraine Fleck

An Ontario court recently ruled in 395804 Ontario Limited c.o.b. as Blacklock's Reporter v. Canadian Vintners Association and Dan Paszkowski that circumventing a subscription paywall to access a news article violates the technological protection measure (TPM) provisions in Canada's Copyright Act, and negates the fair dealing defence to copyright infringement available under Canadian law.

Information Technology and Intellectual Property Law

Federal Court of Appeal Changes Test on Interlocutory/Discretionary Appeals

  • June 05, 2015
  • Andrew Skodyn

In the recent decision of Imperial Manufacturing Group Inc. v. Decor Grates Incorporated, 2015 FCA 100, the Federal Court of Appeal used an appeal of a particulars motion in an industrial designs case to eliminate the prior distinction between the standard of review of discretionary or interlocutory orders and all other appeals from the Federal Court.

Information Technology and Intellectual Property Law

European Court of Justice Widens Digital Library Rights

  • March 03, 2015
  • Roselyn Kelada-Sedra

In September 2014, the Court of Justice of the European Union ruled to allow libraries to digitize and distribute books to reading terminals without a digitization licence.

Information Technology and Intellectual Property Law

Federal Court Rejects Non-infringing Alternative Defence; Apotex ordered to pay over $100M to Eli Lilly in cefaclor damages reference

  • February 24, 2015
  • Cameron Weir

On January 23, 2015, the Federal Court released its decision on the quantum of damages in the cefaclor (Eli Lilly’s Ceclor) litigation: Eli Lilly and Company et al v Apotex Inc, 2014 FC 1254. This article provides a summary of that decision, which is only the second Federal Court decision which quantifies a damages remedy in a pharmaceutical patent infringement proceeding.

New and Emerging ISO Standards for Outsourcing

New and Emerging ISO Standards for Outsourcing

  • February 03, 2015
  • Matt Wanford and Sam Ip

An overview of the new standards relevant to outsourcing, and in particular, the following: (1) ISO 37500:2014 on Outsourcing; (2) ISO/IEC 27018:2014 on Cloud Privacy; and (3) ISO/IEC CD 27017 (draft) on Cloud Security.

Information Technology and Intellectual Property Law