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Ontario Securities Commission Approves Initial Token Offering

On October 17, 2017, the Ontario Securities Commission (OSC) issued its decision In the Matter of Token Funder Inc. The decision granted exemptive relief from the dealer registration requirement in order to allow Token Funder...more

Canadian Securities Administrators Issue Staff Notice on Cryptocurrency Offerings

Was there ever any doubt? On August 24, 2017, the Canadian Securities Administrators (CSA) issued Staff Notice 46-307 – Cryptocurrency Offerings providing guidance on the applicability of Canadian securities laws to...more

SEC Warns Initial Coin Offerings and Token Sales May be Subject to U.S. Federal Securities Law

Companies considering an Initial Coin Offering, Token Offering or other blockchain-enabled means of capital raising should pay attention to recent guidance issued by the United States Securities and Exchange Commission (SEC)....more

New General Data Protection Regulations in European Union Has Cybersecurity Consequences

The European Union’s General Data Protection Regulation (GDPR) will come into force on May 25, 2018. This new regulation replaces the current data protection law (Directive 95/46/EC) substantially and will bring important...more

Transport Canada Revises Rules for Recreational Drone use in Canada

On June 16, 2017, Transport Canada issued an Interim Order under the Aeronautics Act, Canada, and the Canadian Aviation Regulations, regulating the use of drones and unmanned aerial vehicles for recreational purposes in...more

WannaCrypt Ransomware Attacks on Out-of-Date Systems

The serious WannaCrypt ransomware worm which ran roughshod over internet connected computers worldwide on Friday and Saturday appears to have been stymied, at least temporarily, by security researchers. In the meantime,...more

Federal Trade Commission Delivers Cross-Device Tracking Report Recommendations

The U.S. Federal Trade Commission’s (FTC) office recently published the Cross-Device Tracking: An FTC Staff Report. It provides an interesting look behind the curtains of the current operations in cross-device data tracking...more

Cybersecurity: 2017 Report & 2016 Reflections - What Businesses and Boards Need to Know

In 2016, cybersecurity continued to grow as a primary business risk for companies worldwide. Data breaches continued to escalate both in number and magnitude and the landscape of legal and regulatory liability evolved and...more

Privacy Commissioners Issue Joint Guidance on Bring Your Own Device Programs

An organization’s information can be put at risk when staff begin to bring their own devices and use them in the workplace. As a result, in such cases, an organization should consider adopting an appropriate “bring your own...more

Digital Privacy Act Modernizes PIPEDA

On June 18, 2015, significant portions of the Digital Privacy Act received Royal Assent. This Act, amends the Personal Information Protection and Electronic Documents Act (PIPEDA), and brings important certainty to how...more

Expedited Examination Options for Patent Applications Filed in the United States

In the United States, patents are granted and issued through the United States Patent and Trademark Office (USPTO). Each patent application received by the USPTO is examined by a United States patent examiner in the order it...more

Considerations and Implications of Expedited Patent Examination Initiatives in the US

The typical pendency of a patent application in the United States can be between two and five years. In certain situations, a patent applicant may require or want a more expeditious disposition by the USPTO....more

Alberta Court of Appeal Affirms Sanctity of Solicitor-Client Privilege under FOIPPA

In University of Calgary v JR, 2015 ABCA 118, the Alberta Court of Appeal strongly affirmed the central importance of solicitor-client privilege to the proper functioning of the legal system. At issue was whether the Freedom...more

Newco Tank – Cautionary Note on Over-reliance on Headings by Patent Drafters

The Federal Court of Appeal upheld the dismissal of an appeal from a Re-examination Board which had considered Canadian Patent 2,421,384 and had determined that claims 12-14 were cancelled because they were obvious in light...more

3/20/2015  /  Canada , Obviousness , Patents

Sharing-economy Business Models Challenged – Uber and Lyft

O’Connor et al v Uber Technologies Inc, US District Court, Northern District of California, 11 March 2015 C-13-3826 EMC, Judge Edward M. Chen...Cotter et al v Lyft, Inc., US District Court, Northern District of California, 11...more

CRTC Issues a $1.1 Million Penalty Under Canada’s New Anti-Spam Legislation

On March 5, 2015, the Canadian Radio-television and Telecommunications Commission (CRTC) announced that it had issued a penalty of $1.1 million to Compu-Finder under Canada’s Anti-Spam Legislation (CASL)....more

Amendments to the Canadian Patent Act – Bill C-43

On December 16, 2014, amendments to the Canadian Patent Act contained in Bill C-43, known as the Economic Action Plan 2014 Act, No. 2, received Royal Assent. The amendments seek to fulfill Canada's undertakings to...more

2/11/2015  /  Amended Legislation , Canada

Interview with Michael Whitt Q.C. on his new Flipboard Magazine

Bennett Jones consistently tries to find new ways to inform, engage and provide clients with interesting content that may be of interest to their area of business. With an ever-increasing use of mobile technology, finding...more

CIPO Issues Examiner Guideline for Computer-Implemented Inventions (PN 2013-03)

After some prior iterations and commentary from the patent bar, the Canadian Intellectual Property Office (CIPO) published a practice note dealing with computer-implemented inventions on March 8, 2013. The practice note is...more

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