Infringement! Litigation! Legislation! There is never a dull
moment in the wonderful world of intellectual property law, and
2013 will be no exception. Here's our list of what to watch in
the coming year:
Copyright. If you keep making the same
predictions year after year, eventually one of them will come true,
right? For the last several years, we predicted that copyright
reform would finally come to Canada. 2012 did not disappoint
as the year of copyright, with the release of five SCC decisions
and the passing of the
copyright modernization legislation that had been long
awaited. We expect that 2013 will provide some opportunities
to test the new law in court.
Anti-Spam. As with copyright, many have
predicted that Canada's "new" anti-spam law would
come into effect for several years. Yes, Parliament passed the
Fighting Internet and Wireless Spam
Act and it did receive royal assent way back in December,
2010. However, Canada's anti-spam legislation is still not in
force. Industry Canada released draft revised anti-spam regulations last week, and it would
be surprising if we didn't see final regulations in the first
half of 2013.
App Law. We predicted in 2011 that app law
would develop as regulations and laws fight to keep pace with the
explosion of the app economy which is expanding in both business
and personal life, along with cloud computing. 2012 provided a
number of important developments in app law, mostly in the US. 2013
should continue to provide clarity in this growing area of law.
Apple and Samsung. The litigation that brought
patent infringement back into the public consciousness like no case
since RIM vs NTP may be resolved in 2013. Even Judge Koh has made a
plea for "global peace."
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A recent Saskatchewan Court of Queen's Bench decision allowed a court-appointed receiver to sell and transfer intellectual property rights free and clear of encumbrances, finding that a license to use improvements of an invention was a contractual interest and not a property interest.
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