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Software Canada

Bennett Jones LLP

BC Court Finds No Identifiable Class in Mall-Directory Camera Privacy Class Action

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In Cleaver v The Cadillac Fairview Corporation Limited, 2025 BCSC 910, the BC Supreme Court refused to certify a class proceeding alleging privacy breaches of biometric data, concluding that the plaintiffs had failed to...more

Bennett Jones LLP

From Agriculture to Autos: What Right to Repair Means for Business

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In a significant development for farmers and the agricultural industry, amendments made last year to the Canadian Copyright Act have introduced new exemptions related to the right to repair and digital interoperability. These...more

Procopio, Cory, Hargreaves & Savitch LLP

Nearshoring is Expected to Increase: What are the Patent Challenges for IP Owners?

The new U.S. administration’s interest in tariffs has put the process of nearshoring front and center. What is nearshoring? That’s when goods are sent into the U.S. tariff-free from a country with a free trade agreement and a...more

Smart & Biggar

Supporting Canada’s green transition: the untapped potential of CIPO’s Green Technologies Program

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Since at least 2009, Canada has consistently ranked among the top ten countries for patent filings related to climate change mitigation and adaptation technologies. This is no surprise given Canada’s patent friendly courts...more

Smart & Biggar

Upcoming amendments to the Regulation respecting the language of commerce and business

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On June 26, 2024, the Regulation to amend mainly the Regulation respecting the language of commerce and business (the Regulation) was published in the Gazette officielle du Québec. The Regulation introduces significant...more

Smart & Biggar

Quebec’s “IP Box”: A tax incentive for the commercialization of IP

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Innovation from research & development (R&D) can be protected by intellectual property (IP) rights of various kinds, including patents, copyright and plant breeder’s rights. To encourage companies to invest locally in R&D...more

Bennett Jones LLP

Agricultural, Automotive and Consumer Electronics Industries—Right to Repair Legislation Carries Significant

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The widely anticipated "right to repair" legislation is drawing increasingly closer to becoming law in Canada. If it receives royal assent, the law is expected to critically impact the agricultural and automotive industries....more

White & Case LLP

Global M&A markets drops to pre-pandemic levels

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While global dealmaking in Q1 was down from a blockbuster 2021, there are signs deal activity could pick up later in the year - Following a record-breaking year for dealmaking, 2022 has had a relatively slow start. A total...more

Bennett Jones LLP

Four Appeals at the Supreme Court of Canada in the 2022 Winter Session

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The Supreme Court of Canada winter term has begun. While the court will be hearing mostly criminal law matters, in January through March, it will consider four cases that may interest the business community or organizations...more

Bennett Jones LLP

Use of Facial Recognition Software for Customer Analytics

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Guidance from the Cadillac Fairview Decision - The use of facial recognition software by Cadillac Fairview Corporation Limited (CFCL) in its shopping malls was the subject of a joint investigation by the Office of the...more

Williams Mullen

Commerce Adopts Export Controls on Artificial Intelligence Software for Geospacial Imagery - Controls on Additional Technologies...

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On January 6, 2020 the Bureau of Industry and Security (“BIS”) within the Commerce Department adopted export licensing requirements on certain artificial intelligence software used to automate the analysis of geospatial...more

Sheppard Mullin Richter & Hampton LLP

From CFIUS, With Love: The FIRRMA Regulations

The most pressing question around the new FIRRMA regulations is “Will my transaction be covered?” To provide a bit of guidance on that point, we present an illustration from our upcoming Second Edition of The CFIUS Book due...more

Williams Mullen

Commerce Adopts Export Controls on Artificial Intelligence Software for Geospacial Imagery – Controls on Additional Technologies...

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On January 6, 2020 the Bureau of Industry and Security (“BIS”) within the Commerce Department adopted export licensing requirements on certain artificial intelligence software used to automate the analysis of geospatial...more

ArentFox Schiff

Interactive Council Newsletter: Privacy Report: Airline Sues Software Provider Over Data Breach

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Delta Sues Software Provider Over Data Breach - Delta Airlines sued its customer service chat provider, [24]7.ai Inc., in New York federal court accusing it of lax digital security practices that allowed a hacker to steal...more

Bennett Jones LLP

Insuring Autonomous Vehicles in the Fabulous New

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In Blade Runner 2049, Nexus-9 replicant Luv asks the LAPD’s Lieutenant Joshi, “In the face of the fabulous new your only thought is to kill it? For fear of great change? You can't hold the tide with a broom.”...more

Smart & Biggar

Nintendo Awarded $12.7 Million for Circumvention of Technological Protection Measures in Precedent-Setting Case

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In a precedent-setting decision issued yesterday, Nintendo of America Inc v King et al, 2017 FC 246, the Federal Court awarded $12,760,000 in damages for circumvention of technological protection measures (TPMs) and copyright...more

Mintz - Privacy & Cybersecurity Viewpoints

Controls Coming for Intrusion & Network Surveillance Tools

The Commerce Department’s export control agency, BIS, has proposed a new rule to control exports of equipment and software designed or modified to perform network intrusion and internet protocol communications surveillance. ...more

Polsinelli

State and Commerce Departments Publish Next Set of Proposed Export Control Reform Rules: Fire Control, Range Finder, Optical...

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In This Issue: - Export Control Reform Initiative - DDTC Proposed Rule - BIS Proposed Rule - For More Information - Excerpt from Export Control Reform Initiative: By way of background, the Export...more

Cooley LLP

Alert: Impact of Software Installation Provisions of Canada's Anti-Spam Law on US Companies

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On December 15, 2010, Canada passed Canada's Anti-Spam Legislation ("CASL"), one of the world's most stringent anti-spam laws. On January 15, 2015, the provisions set forth in Section 8 of CASL relating to the installation of...more

Bennett Jones LLP

CASL Software Provisions now in Force

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The provisions of Canada’s Anti-Spam Law (CASL) that regulate the installation of software came into force today, January 15, 2015. These provisions create new compliance burdens for businesses that create, distribute or use...more

Blake, Cassels & Graydon LLP

Reminder: CASL’s Software Installation Provisions Took Effect on January 15, 2015

Phase 2 of Canada’s Anti-Spam Legislation (CASL) relating to the installation of computer programs will come into force on January 15, 2015. Commonly referred to as the malware prohibition, CASL goes far beyond prohibiting...more

Bennett Jones LLP

Updating IT and BYOD Policies to Reflect CASL Software Notification Requirements

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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

Bennett Jones LLP

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

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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

Bennett Jones LLP

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

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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

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