The Federal Courts Rules Committee has announced a subcommittee for a global review of the Federal Courts Rules and released an accompanying discussion paper. The Notice to the Profession invites comments by January 6, 2012. Continue reading Review of the Federal Courts Rules
Category Archives: Daily Alert
SCC releases Crookes v. Newton on hyperlinking
The Supreme Court of Canada released its decision in Crookes v. Newton, 2011 SCC 47. With three sets of reasons concurring in the result, the Court held that the use of a hyperlink cannot, by itself, amount to publication even if the hyperlink is followed and the defamatory content accessed.
EU Court of Justice limits patentability of embryonic research
In a decision released today, the EU Court of Justice ruled in Brustle v. Greenpeace C-34/10 that processes requiring the use of human embryos, broadly defined, as base material even if the description does not refer to the use of human embryos are unpatentable in Europe. Continue reading EU Court of Justice limits patentability of embryonic research
Supreme Court of Canada news
Justices Moldaver and Karakatsanis, both currently of the Ontario Court of Appeal have been nominated for the Supreme Court. It was also announced today that the Supreme Court will release its decision in Crookes v. Newton relating to defamation liability by hyperlinking on Wednesday. Continue reading Supreme Court of Canada news
Supreme Court of Canada starts fall session
Copyright will be on the agenda when the Supreme Court of Canada starts its fall session this week. Five appeals from the Copyright Board are scheduled to be heard in early December.
Continue reading Supreme Court of Canada starts fall session
FCA on authority of deputy judges
In a ruling released yesterday in Felipa v. Canada, the Federal Court of Appeal held that deputy judges of the Federal Court over the age of 75 have no authority under the Federal Courts Act.
Government introduces Copyright amendments
New copyright legislation was introduced today in the House of Commons, as the Copyright Modernization Act, Bill C-11. The Bill is expected to be substantially similar to the previous version.
U.S. patent reform enters into law
U.S. congress passes patent reform
The U.S. Senate passed patent reform legislation this afternoon which the president is expected to sign soon. The changes to the U.S. patent system include making it a first-to-file system. Continue reading U.S. congress passes patent reform
BCSC on copyright, website terms of use and scraping
The B.C. Supreme Court released a decision last week in Century 21 Canada Limited Partnership v. Rogers Communications Inc., 2011 BCSC 1196 involving allegations that Zoocasa improperly scraped content from Century 21’s online real estate listings. In a lengthy decision, the court dismissed the claim for trespass to chattels, granted nominal damages for breach of the website’s terms of use and awarded statutory damages in favour of the individual plaintiffs for copyright infringement.
Continue reading BCSC on copyright, website terms of use and scraping