Share on LinkedInShare on LinkedIn

ARTICLE · 18 JUNE 2024

Federal Court Considers Fair Dealing In Password Sharing Case

Oyen Wiggs Green & Mutala
Explore more from Oyen Wiggs Green & Mutala

The Federal Court recently issued a decision in 1395804 Ontario Ltd. (Blacklock's Reporter) v. Canada (Attorney General), 2024 FC 829 arising from a summary judgement...

CanadaIntellectual Property
Oyen Wiggs Green & Mutala
Oyen Wiggs Green & Mutala
Author LinkedIn connections

The Federal Court recently issued a decision in 1395804 Ontario Ltd. (Blacklock's Reporter) v. Canada (Attorney General), 2024 FC 829 arising from a summary judgement motion brought by the Attorney General of Canada.

Blacklock's Reporter, a subscription-based news corporation, alleged that officers at Parks Canada acted contrary to the Copyright Act (the "Act") by sharing a password to a single subscription to obtain and internally distribute Blacklock's Reporter's news articles. The Attorney General of Canada's motion sought various declarations from the Court, which could also impact on other pending cases between the Crown and Blacklock's Reporter.

The Court granted a declaration that Parks Canada's use of the password in the circumstances constituted fair dealing under section 29 of the Act.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

CIPO Issues Practice Notice On Redacting Postal Addresses And Removing Unrelated Documents From TDRS

The Canadian Intellectual Property Office has issued new guidance on when trademark applicants can redact postal addresses or remove documents from public records. Understanding these strict requirements and exceptional circumstances is crucial for protecting privacy while maintaining compliance with Canada's trademark registration transparency obligations.
CanadaIntellectual Property
Oyen Wiggs Green & Mutala
Oyen Wiggs Green & Mutala
Article

Patenting Innovation In Data Centres: Protecting Configurations, Cooling Technologies, And The Green Advantage

The rapid expansion of data centre infrastructure has made these facilities a focal point for technological innovation and intellectual property investment. From server configurations to advanced cooling systems, the technologies deployed inside data centres represent significant R&D expenditure and competitive advantages. Patent protection offers operators and developers opportunities to safeguard innovations...
GlobalIntellectual Property
Gowling WLG
Gowling WLG
Article

Fast-Tracking Your Patent Application In Canada: CIPO Expands The Key Technology Expedited Program

For Canadian innovators, the patenting process can seem unreasonably slow. In an effort to address this, the Canadian Intellectual Property Office (CIPO) created various procedures to expedite the examination process in Canada. Knowing which fast track options exist, when they make sense, and how to use them effectively can provide a significant commercial advantage.
CanadaIntellectual Property
Cassels
Cassels
Article

CIPO Issues Practice Notice On Redacting Postal Addresses And Removing Unrelated Documents From TDRS

The Canadian Intellectual Property Office has issued new guidance on when trademark applicants can redact postal addresses or remove documents from public records. Understanding these strict requirements and exceptional circumstances is crucial for protecting privacy while maintaining compliance with Canada's trademark registration transparency obligations.
CanadaIntellectual Property
Oyen Wiggs Green & Mutala
Oyen Wiggs Green & Mutala
Article

What Evidence Of Use Is Required In A Section 45 Proceeding?

The Trademarks Opposition Board's recent ruling in Therrien Couture Joli-coeur v Oldcastle Building Products clarifies the evidentiary standards trademark owners must meet when responding to section 45 notices under Canada's Trademarks Act. This decision highlights critical distinctions between evidence of actual transfers versus mere advertising, and underscores the necessity of providing specific proof for each registered good to avoid expungement.
CanadaIntellectual Property
Oyen Wiggs Green & Mutala
Oyen Wiggs Green & Mutala