Barry Sookman

Copyright, Intellectual Property, Computer, Internet, e-Commerce Law.

Posts Tagged ‘canada’

Managing Intellectual Property North America Awards

March 20th, 2013

Last night I attended the Euromoney Legal Media Group’s Managing IP gala in Washington, DC. I was delighted to learn that my firm, McCarthy Tétrault, was honored with two of the 2013 North America Awards for excellence in intellectual property law.

McCarthy Tétrault was recognized as the top firm in Canada in the category of Patent Contentious. I won the award as Canada’s Outstanding IP Practitioner.

Other winners recognized for their excellence in IP including other Canadian winners can be found here.

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Posted in Copyright, Uncategorized

Tags: canada Managing Intellectual Property 2013 awards McCarthy Tetrault patent litigation

The Combating Counterfeit Products Act

March 4th, 2013

Last week, the Government introduced Bill C-56, Combating Counterfeit Products Act. It has two main objectives. First, to protect public safety and health by enacting legislation specifically to target commercial scale trafficking in counterfeit products. Second, to make technical amendments to the Trade-marks Act such as to permit registration of non-traditional trade-marks like sounds, and to improve registration procedures. The Government backgrounder and related FAQs, and other information is available at Industry Canada’s website.

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Posted in Counterfeiting, Piracy

Tags: barry sookman canada Combating Counterfeit Products Act Copyright Counterfeiting Piracy trade-marks

Evaluating the Industry Canada CASL regulations: my submission to the consultation

February 5th, 2013

Yesterday, along with many organizations, I filed a personal submission to the Industry Canada consultation on the draft Electronic Commerce Protection Regulations. My cover letter addressed to Bruce Wallace of Industry Canada is set out below and is followed by a copy of the complete submission.

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I appreciate the opportunity to provide comments on the above-noted consultations.

I make these comments in my personal capacity and not on behalf of my firm or any of its clients. I write as one of the leading technology lawyers in Canada and the author of a six volume book on Computer, Internet and e-Commerce Law, the most authoritative book on these subjects in Canada. I am also an adjunct Professor of intellectual property law at Osgoode Hall Law School.

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Posted in CASL, malware, spyware

Tags: anti-spam law Barry Sookman's submission canada CASL industry canada regulations spam

Evaluating the Industry Canada CASL regulations: defining commercial electronic message

January 30th, 2013

In a previous post, Evaluating the Industry Canada CASL regulations: why they are needed, I suggested that close scrutiny needs to be given to Industry Canada’s new draft Electronic Commerce Protection Regulations. CASL’s “ban all” structure makes it imperative that generous regulations be adopted to ensure that the goal’s of Canada’s new anti-spam/anti-malware law (CASL) are met. In another post, Evaluating the Industry Canada CASL regulations: how to assess them, I proposed a framework for assessing the regulations.

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Posted in CASL, malware, spam, spyware

Tags: anti-spam law barry sookman canada CASL CEM commercial electronic message malware spyware

Evaluating the Industry Canada CASL regulations: jurisdictional overreach

January 25th, 2013

In a previous post, Evaluating the Industry Canada CASL regulations: why they are needed, I suggested that close scrutiny needs to be given to Industry Canada’s new draft Electronic Commerce Protection Regulations. CASL’s “ban all” structure makes it imperative that generous regulations be adopted to ensure that the goal’s of Canada’s new anti-spam/anti-malware law (CASL) are met. In another post, Evaluating the Industry Canada CASL regulations: how to assess them, I proposed a framework for assessing the regulations.

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Posted in CASL, spam, spyware

Tags: barry sookman canada CASL Industry Canada regulation spam spyware

Evaluating the IC CASL regulations: the B2B exception (Part II-Non-business entities)

January 22nd, 2013

In a previous post, Evaluating the Industry Canada CASL regulations: why they are needed, I suggested that close scrutiny needs to be given to Industry Canada’s new draft Electronic Commerce Protection Regulations. CASL’s “ban all” structure makes it imperative that generous regulations be adopted to ensure that the goal’s of Canada’s new anti-spam/anti-malware law (CASL) are met. In another post, Evaluating the Industry Canada CASL regulations: how to assess them, I proposed a framework for assessing the regulations.

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Posted in CASL, spam, spyware

Tags: anti-spam law barry sookman canada canada's anti-spam law CASL charities educational institutions hospitals industry canada regulations regulations

Evaluating the Industry Canada CASL regulations: the B2B exception (Part I-SMEs)

January 21st, 2013

In a previous post, Evaluating the Industry Canada CASL regulations: why they are needed, I suggested that close scrutiny needs to be given to Industry Canada’s new draft Electronic Commerce Protection Regulations. CASL’s “ban all” structure makes it imperative that generous regulations be adopted to ensure that the goal’s of Canada’s new anti-spam/anti-malware law (CASL) are met. In another post, Evaluating the Industry Canada CASL regulations: how to assess them, I proposed a framework for assessing the regulations. I then evaluated the proposed family and personal relationships exception in the post, Evaluating the Industry Canada CASL regulations: family relationships and personal relationships, finding them very troubling and materially failing to meet CASL’s objectives.

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Posted in CASL, Free Speech, spam, spyware

Tags: anti-spam law barry sookman canada CASL industry canada regulations regulations small business

Evaluating the Industry Canada CASL regulations: family relationships and personal relationships

January 18th, 2013

In a previous post, Evaluating the Industry Canada CASL regulations: why they are needed, I suggested that close scrutiny needs to be given to Industry Canada’s new draft Electronic Commerce Protection Regulations. CASL’s “ban all” structure makes it imperative that generous regulations be adopted to ensure that the goal’s of Canada’s new anti-spam/anti-malware law (CASL) are met. In another post, Evaluating the Industry Canada CASL regulations: how to assess them, I proposed a framework for assessing the regulations.

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Posted in CASL, spam, spyware

Tags: anti-spam law barry sookman canada CASL CASL regulations regulations spam spyware

Evaluating the Industry Canada CASL regulations: how to assess them

January 16th, 2013

In a previous post, Evaluating the Industry Canada CASL regulations: why they are needed, I suggested that close scrutiny needs to be given to Industry Canada’s new draft Electronic Commerce Protection Regulations. CASL’s “ban all” structure makes it imperative that regulations be adopted to ensure that the goal’s of Canada’s new anti-spam/anti-malware/spyware law (CASL) are met. Their adequacy and appropriateness should be measured against these and other generally recognized objectives. In this post I propose to lay out the framework for assessing the regulations.

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Posted in CASL, Free Speech, spam, spyware

Tags: anti-spam law barry sookman canada CASL CASL regulations Industry Canada malware regulations spam spyware

Evaluating the Industry Canada CASL regulations: why they are needed

January 14th, 2013

Industry Canada has now published its revised draft Electronic Commerce Protection Regulations. These regulations to Canada’s new anti-spam/anti-malware/spyware law (CASL) are open for comment for a period of 30 days from the date of their publication, January 5, 2013. The regulations are helpful and a major improvement over the last draft regulations. They address some key problems with CASL. However, they don’t address all of the problems and only partially address others.

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Posted in CASL, spam, spyware

Tags: barry sookman canada CASL CASL regulations industry canada regulations malware spam