Martin P.J. Kratz Q.C.

Martin P.J. Kratz Q.C.

Bennett Jones LLP

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Updating IT and BYOD Policies to Reflect CASL Software Notification Requirements

On January 15, 2015, the software provisions in Canada’s Anti-Spam Legislation (CASL) will come into force, creating significant prohibitions and requiring consent to, among other things, install software, change device...more

11/25/2014 - Canada CASL Software

Who is the Inventor?

Enthusiastic entrepreneurs consult with patent agents about the protection of their new product. Often a successful team for an entrepreneurial business includes someone with technical skills, someone with marketing skills,...more

11/18/2014 - Canada Entrepreneurs Inventors Patents

CRTC Provides Guidance on CASL Software Provisions – But Some Uncertainty Remains

From November 10 to 12, 2014, the CRTC provided its interpretation of the software provisions in Canada’s anti-spam law (CASL) in several presentations to industry. The CRTC also posted a specific FAQ about their...more

11/13/2014 - Canada CASL CRTC Final Guidance Software

Inconsistency in Canada’s Anti-Spam Law – When is “Java Scripts” not “JavaScript”?

Canada’s anti-spam law (CASL) is complex and ambiguous, and can result in substantial liability (e.g., a maximum $1,000,000 fine for individuals and $10,000,000 for organizations). Accordingly, many organizations have...more

11/13/2014 - Canada CASL Popular Prior Express Consent Software

Enterprise Compliance with the CASL Software Provisions – Six Questions for Large Organizations

The electronic communications provisions of Canada’s Anti-Spam Law (CASL) came into force on July 1, 2014. CASL is generally known for its sweeping regulation of “commercial electronic messaging.” However, in addition to the...more

10/24/2014 - Anti-Spam Legislation Canada CASL Chief Compliance Officers Commercial Electronic Messages

Canada’s Anti-Spam Legislation: An Advantage for Cloud Computing?

The communications provisions of Canada’s Anti-Spam Legislation (CASL) came into force on July 1, 2014. Generally speaking, CASL prohibits a person from sending a “commercial electronic message” without the consent of the...more

10/23/2014 - Corporate Counsel

Last Minute Uncertainty for Registered Charities Under Canada’s Anti-Spam Law

Canadian registered charities seeking to comply with Canada’s new anti-spam law (CASL) recently received some disappointing news. CASL is a very complex law and many important issues remain ambiguous and uncertain. Several...more

6/30/2014 - Canada CASL Commercial Electronic Messages CRTC Non-Profits Public Charities

Norwich Orders and Copyright Trolls

The decision of the Federal Court in Voltage Pictures LLC v John Doe and Jane Doe, 2014 FC 161, provides insight into the collision of Norwich Orders, means used to identify unknown infringers, and the growing business model...more

3/10/2014 - Copyright Copyright Infringement Copyright Trolls Norwich Orders

Defining Copyright Infringement

The Supreme Court recently addressed the approach to assessment of copyright infringement in the case of Cinar Corporation v Robinson, 2013 SCC 73, and thereby provided some important guidance to courts facing similar...more

1/7/2014 - Copyright Copyright Infringement Infringement SCOTUS

Canada’s Anti-Spam Law to Come into Force on July 1, 2014 – Time to Get Ready!

On December 4, 2013, the Honourable James Moore, Minister of Industry announced that Canada’s new anti-spam law (CASL) will come into force on July 1, 2014....more

12/6/2013 - Anti-Spam Legislation Canada CASL Compliance

Alberta’s Personal Information Protection Act Violates Charter

The Supreme Court of Canada has just held that the collective right to freedom of expression in a lawful strike situation trumps an individual’s right to control their information in a public setting, striking down the...more

11/18/2013 - Canada Free Speech Personally Identifiable Information PIPA SCC Strike

Don’t Ignore that Notice!

The case Medos Services Corporation v. Ridout and Maybee LLP 2013 FC 1006 is an example of what happens when the owner of a registered trademark ignores a Section 45 notice....more

11/13/2013 - Canada Notice Requirements Registration Trademarks

YouTube (Part III) Notice-and-Take-Down Safe Harbour Under the DMCA

A driving force for the development of the Internet was to provide certainty for Internet service organizations on the liability exposure they may have for acts of third parties on their Internet sites....more

5/22/2013 - Copyright DMCA Infringement Safe Harbors Takedown Notices YouTube

A Charter Right to Search Google?

The Internet has transformed society in so many ways. Even the ways we find information and the sources we rely upon have been fundamentally transformed. It appears our legal systems need to adapt to this new...more

2/13/2013 - Breach of Charter Rights and Freedoms Canadian Charter of Rights and Freedoms DUI Google Internet Right To Counsel

Bringing CASL into Focus - Recent Efforts to Clarify Canada’s Anti-Spam Legislation

Industry Canada and the Canadian Radio-television and Telecommunications Commission (CRTC) have received numerous stakeholder submissions and inquiries in relation to Canada’s Anti-Spam Legislation (CASL) and its two...more

1/25/2013 - Anti-Spam Legislation Compliance CRTC ECPR Radio Stations Social Media Technology Television Broadcast Stations

Supreme Court of Canada Establishes Important Principles in Transfer Pricing

The Supreme Court of Canada recently released its judgment in The Queen v Glaxo Smith Kline Inc.,1 (Glaxo), which is the Court's first pronouncement on Canada's transfer pricing rules. Transfer pricing involves the allocation...more

12/3/2012 - Cross-Border Double Taxation License Agreements Patents Tax Penalties Transfer Pricing

Industrial Designs Enforcement Seen Through Double Glasses

Industrial design protection is an often overlooked form of protection that is a poor cousin of Copyright. For historical reasons, Canadian law prejudices against certain authors who create designs which can be applied to...more

11/28/2012 - Copyright

Canada Modernizes Copyright Legislation

Copyright reform in Canada has, after a decade of effort, finally moved towards implementation. On November 7, 2012, pursuant to an Order in Council, many provisions of the Copyright Modernization Act, SC 2012, c 20, came...more

11/13/2012

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