E-TIPS

On February 11, 2025, the Government of Canada (the Government) published its report summarizing the feedback received from a recent consultation regarding the effects of generative artificial intelligence (AI) on copyright policy and the marketplace. Overall, the Government found a lack of consensus among stakeholders for most identified issues, though there was a significant interest in improving transparency for copyright-protected content used in AI development.

On February 11, 2025, in Thomson Reuters Enterprise Centre GMBH and West Publishing Corp., v Ross Intelligence Inc., No.1:20-cv-613-SB, the United States District Court for the District of Delaware ( the “Court”) granted summary judgment for Thomson Reuters on its direct copyright infringement claims and related arguments denying fair use made against the artificial intelligence (AI) based legal research platform, Ross Intelligence Inc. (“Ross”).

On February 14, 2025, the Federal Court of Canada (the Court) issued its decision in Habbous v Arc Physio Health Ltd., 2025 FC 297, finding that Arc Physio Health Ltd. (the Respondent) had infringed, passed off, and depreciated the goodwill of the registered trademark PHYSIOHEALTH STUDIOS (the Mark).

On February 10, 2025, the Federal Court (the Court) issued its decision in Bayer Inc. v Amgen Canada Inc., 2025 FC 264, dismissing Bayer Inc. and Regeneron Pharmaceuticals Inc.’s (the Plaintiffs) appeal of an order denying their request to compel Amgen Canada Inc. (Amgen) to produce samples of its cell culture media used in manufacturing Amgen’s biosimilar (ABP 938).

On February 6, 2025, Canada’s Minister of Public safety announced the release of Canada’s Sensitive Technology List (STL), which includes emerging technologies or technologies with novel applications that Canada regards as having national security implications and seeks to protect from unwanted transfer to foreign threat actors. The STL is intended to act like the United States’ Critical and Emerging Technologies List and will contribute to advancing technological competitiveness while bolstering Canada’s national security.

On January 29, 2025, the Federal Court of Canada (the Court) issued its decision in T. Rowe Price Group, Inc. v Glidepath Technologies Inc., 2025 FC 179, finding that the Trademarks Opposition Board (the Board) erred in its assessment of the degree of resemblance of the trademarks at issue and directing that Glidepath Technologies Inc.’s (Glidepath’s) application to register its LIVE WITH CONFIDENCE mark (the Mark) be refused.

On February 4, 2025, the Federal Court of Appeal (FCA) issued its decision in Taillefer v. Canada (Attorney General), 2025 FCA 28, upholding a Federal Court (FC) decision dismissing Robert Taillefer’s (the Appellant’s) application for judicial review of the Commissioner of Patents’ (the Commissioner’s) refusal to reinstate Canadian Patent No. 2,690,767 (the 767 Patent) following its expiration in 2020 due to the non-payment of maintenance fees.

On January 31, 2025, the Federal Court of Canada (the Court) issued its decision in Young v Li, 2025 FC 210, finding that the respondent, 1000237903 ONTARIO INC. (903 Ontario), infringed, passed off and depreciated the goodwill of the registered trademarks DAHU HOTPOT and DAHU HOTPOT & Design. (collectively, the Marks) in the operation of a restaurant in the Greater Toronto Area.

On January 22, 2025, the Federal Court of Canada (the Court) in Bell Media Inc. v John Doe 1 (Soap2day), 2025 FC 133, provided its reasons for a Site-Blocking Order (the Order) issued last year, which required selected internet service providers (Third Party Respondents) to prevent access to websites and internet services associated with the operation of certain piracy platforms.

On January 6, 2025, the Federal Court (the Court) issued its decision in Sea Tow Services International, Inc. v C-Tow Marine Assistance Ltd., 2025 FC 27, striking Sea Tow Services International Inc.’s (Sea Tow) SEA TOW & DESIGN and SEA TOW trademarks (the Sea Tow Marks) from the Register and granting summary judgment in favour of C-Tow Marine Assistance Ltd. (C-Tow) on a related motion heard at the same time.

On January 22, 2025, the Federal Court of Canada (the Court) issued its decision in Matco Tools Corporation v Canada (Attorney General), 2025 FC 118, setting aside a decision of the Commissioner of Patents (the Commissioner) to refuse to reinstate Matco Tools Corporation’s (the Applicant) Patent Application No. 3,086,194 (the 194 Application), which was deemed abandoned for failure to pay maintenance fees.

On January 15, 2025, the Office of the Superintendent of Financial Institutions (OSFI) published a new Technology and Cyber Incident Reporting Form (the New Incident Reporting Form). The New Incident Reporting Form will come into effect on April 1, 2025. Until then, federally regulated financial institutions (FRFIs) must use the existing incident reporting form to report cyber security incidents to OSFI.

On December 18, 2024, in Clearview AI Inc. v Information and Privacy Commissioner for British Columbia, 2024 BCSC 2311, the Supreme Court of British Columbia (the Court) held that British Columbia’s Personal Information Protection Act (BC PIPA) applies to organizations operating outside of British Columbia (BC) that have a “real and substantial connection” to the province.

On December 16, 2024, the Court of Appeal for Saskatchewan (the Court) in Achter Land & Cattle Ltd. v South West Terminal Ltd., 2024 SKCA 115, dismissed an appeal by Achter Land & Cattle Ltd. (ALC) in a two-to-one decision, finding that a “thumbs-up” emoji constituted a valid signature and acceptance of a contract.

On January 6, 2025, the Federal Court of Appeal (the FCA) issued its decision in Usinage Pro-24 Inc. v Valley Blades Ltd., 2025 FCA 4, dismissing Usinage Pro-24 Inc.’s (Nordik Blades’) appeal of a Federal Court decision that found certain claims in its two snow plow blade patents (the Patents) invalid for obviousness.

On January 3, 2025, the Federal Court of Canada (the Court) issued its decision in 2K4 Inc. (Indican Pictures) v Indiecan Entertainment Inc., 2025 FC 20, dismissing 2K4 Inc. o/a Indican Pictures’ (the Applicant’s) application against IndieCan Entertainment Inc. (the Respondent) for passing off under s. 7(b) of the Trademarks Act.

Thank you for your readership over the last year and welcome to what we hope will be an even better 2025!  In this year’s first issue of the E-TIPS® Newsletter, we will recap our most noteworthy reports from 2024, covering developments in intellectual property and information technology law under the following categories: (1) Supreme Court of Canada Matters, (2) Legislative, Treaty and Policy Developments, (3) Patents, (4) Trademarks, (5) Copyright, (6) Privacy and Cybersecurity, and (7) Artificial Intelligence.

On December 3, 2024, the Federal Court of Appeal (the Court) released an en banc judgement in Galderma Canada Inc. v Canada, 2024 FCA 208, reversing a decision of the Federal Court (2024 FC 46, January 11, 2024).

On November 7, 2024, the Federal Court of Canada (the Court) issued its decision in Toyota Jidosha Kabushiki Kaisha (Toyota Motor Corporation) v Marrand Auto Inc., 2024 FC 1776, partially granting a motion by Marrand Auto Inc. (the Defendant) to strike the statement of claim of Toyota Canada Inc. et al. (collectively, Toyota) in relation to the grey market resale of automotive parts.

On November 20, 2024, the Office of the Information and Privacy Commissioner (OIPC) of Alberta published comments and a call for changes regarding two new bills tabled by the Alberta government earlier this month: Bill 33, the Protection of Privacy Act, 2024; and Bill 34, the Access to Information Act, 2024. These bills would replace Alberta’s existing public sector access and privacy law, the Freedom of Information and Protection of Privacy Act (FOIP Act), with two new pieces of legislation, the Protection of Privacy Act (PPA) and the Access to Information Act (AIA). According to the OIPC, these updates would be the first substantial amendments to the FOIP Act since 1995.