Archive for the 'Publications' Category
CANADIAN CONTEST RULES/PRECEDENTS
Do you need contest rules/precedents
for a Canadian contest?
We offer many types of Canadian contest/sweepstakes law precedents and forms (i.e., Canadian contest/sweepstakes law precedents to run common types of contests in Canada). These include precedents for random draw contests (i.e., where winners are chosen by random draw), skill contests (e.g., essay, photo or other types of contests where entrants submit content that is judged to enter the contest or for additional entries), trip contests and more. Also available are individual Canadian contest/sweepstakes precedents, including short rules (“mini-rules”), long rules, winner releases and a Canadian contest law checklist. For more information or to order, see: Canadian Contest Law Forms/Precedents. If you would like to discuss legal advice in relation to your contest or other promotion, contact us: Contact.
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In my inbox this morning was a newsletter with what I thought was a rather good note by Dale Joerling (Thompson Coburn LLP – St. Louis) on avoiding issues when running a sweepstakes in the U.S.
In advance of its upcoming “Canada in the Pacific Century” conference to be held in Ottawa this fall, the Canadian Council of Chief Executives (CCCE) has published another new paper discussing Canada’s role in a world where the role of the U.S. as a major trading partner is increasingly in doubt and the importance to Canadian businesses to understand Asia seems to grow exponentially with each passing day.
With two current resource plays by Asian state owned enterprises, a recent trade mission having just been completed by Canada’s Trade Minister to South-East Asia and a major China trade mission by Canada’s PM earlier this year, Canada/Asia relations are very much in the spotlight.
Introduction:
“For 250 years, Canada’s strong economic links with its neighbour to the south have been a cornerstone of its growth and prosperity. While the United States will continue to be a major economic partner and critical ally for Canada, it is vital that Canada build equally strong links with Asia.
During the period from 2010 to 2025, Asia is projected to generate 33 percent of global economic growth. China, the world’s second-largest economy, is urbanizing 100 times faster than the United Kingdom did in the 19th century, and is expected to rival the United States in economic terms by 2020-2030. India, too, is urbanizing rapidly. Seven new “smart” cities are planned for the Delhi-Mumbai corridor and more than 215 million people are expected to migrate from villages to cities by 2015.
Carswell is publishing a new IP and advertising law related text entitled Intellectual Property Perspectives on Marketing and Advertising (Henry Lue).
From Carswell:
“There are several forms of intellectual property law that are associated with marketing and advertising law. These include patents, trade-marks, copyright and industrial designs. Generally, trade-mark and copyright law have had the most impact when it comes to marketing and advertising issues. The introductory chapters discuss various types of intellectual property law. The remaining chapters provide an IP perspective on advertising and marketing issues including the personality rights, comparative advertising, grey marketing and counterfeit goods, pharmaceutical advertising, Quebec advertising, advertising standards, packaging, Internet advertising and ambush marketing. Intellectual Property Perspectives on Marketing and Advertising provides a practical handbook as well as an update on the possible remedies that can be used by the legal practitioner in cases involving advertising and marketing issues.”
For more information see:
Carswell – Intellectual Property Perspectives on Marketing and Advertising
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The U.S. Word of Mouth Marketing Association (“WOMMA”) published earlier today a new edition of its Social Media Marketing Disclosure Guide (see: The WOMMA Guide to Disclosure in Social Media Marketing).
From WOMMA:
“As part of WOMMA’s continuing effort to advance and advocate ethical word of mouth, WOMMA has updated our social media marketing disclosure guide that highlights best practices and responsibilities of using social media.
The WOMMA Ethics Code is the cornerstone for prudent practices in the WOM industry. In light of the December 2009 effective date of the Federal Trade Commission (FTC) Guides Concerning the Use of Endorsements and Testimonials in Advertising, WOMMA leadership responded to member demand for additional disclosures for social media marketing. This is a continuation of an effort started in 2008 when WOMMA began formalizing best practices by engaging industry leaders, members, nonmembers, academics and consumers.
These guidelines are considered living documents and are updated on occasion to reflect changes in regulation and in the marketplace.
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Scope of WOMMA Social Media Disclosure GUIDE
As social media is ever-changing, the WOMMA Social Media Disclosure Guide will be a living document – continuing to be refined to reflect evolving industry best practices. Note also that many WOMMA programs are hybrid in nature and are developed to incentivize traditional (offline) as well as digital and social initiatives. While the mechanics of these types of conversation might be different, the expectation is that such communications should be consistently ethical and credible, both in the online and offline environment. Key online platforms covered in this Guide include, but are not limited to blogs (eg., Blogger, WordPress), microblogs (e.g., Twitter, Pinterest), online comments (e.g., Disqus), social networks (e.g., Facebook, LinkedIn, Bebo, Hi5), video sharing websites (e.g., YouTube, Vimeo), photo sharing websites (e.g., Flickr, Picasa, Pinterest), curated content (Storify.com, Paper.li, Scoop.it), sponsored content, affiliate networks, referral networks and podcasts. Note, platform names are for example only and may be updated from time to time as new platforms and types emerge or evolve.
The American Bar Association’s Section of International Law has issued a call for articles for three upcoming issues of its International Law News on the topics of “International Anti-Bribery Compliance and Investigation” (deadline: October 22, 2012), “Diversity Challenges in the Modern World” (deadline: December 10, 2012) and “Current Issues in International Commercial Transactions (including Mergers and Acquisitions)”.
About International Law News:
“A key purpose of the Section newsletter, the International Law News, is to keep Section members informed about current international law developments and important Section news. The ILN publishes articles on breaking issues for practitioners in the international arena to assist them in gaining helpful insights into the hot issues and obtaining concrete, how-to advice on practicing international law in the marketplace. The ILN also publishes regular columns on public and private law initiatives, survival guides to cities, and pros and cons columns on breaking issues of general interest. The ILN is intended to give practitioners helpful insights and guide lines to doing business in the international arena. Articles should be short (2,000 words maximum) and comprehensible to non-specialists.”
I am pleased to be speaking at the Canadian Bar Association’s and Canadian Corporate Counsel Association’s upcoming CBA Canadian Legal Conference in Vancouver on a panel on August 13th: “What In-house Counsel Need to Know About Recent Competition Law Developments”. From the Canadian Bar Association and Canadian Corporate Counsel Association (CCCA):
“Canada’s competition and foreign investment laws are being enforced more vigorously than ever. The Competition Bureau has broad powers allowing them to investigate conduct that might have an anti-competitive impact on the Canadian marketplace, and investigations can involve high-stakes consequences for companies including public stigma, civil or criminal penalties, or unneeded complications arising in the middle of a strategic merger. Private and class actions are also increasingly prevalent in Canada. Hear about recent trends and learn practical tips for spotting issues and minimizing potential liability from experienced in-house and external counsel who will discuss compliance, criminal developments, private actions, mergers and advertising and marketing law developments.”
My presentation will be on recent misleading advertising law developments and trends (“Misleading Advertising Trends & Tips”), with a PowerPoint presentation and paper highlighting recent cases including Rogers, Bell, Yellow Pages, Richard v. Time and best practices for in-house counsel.
The OECD has issued a new Policy Roundtable report entitled: Remedies in Merger Cases, which includes a discussion of Canada.
Abstract:
“Competition agencies use remedies in merger cases to eliminate any competitive harm that may result as a consequence of a merger. Generally, merger remedies are classified as either structural or behavioural (or conduct). Each of these categories has benefits and drawbacks, which must be carefully considered when deciding which type of remedy to best employ.
Horizontal and vertical mergers generally involve different competitive concerns. These differences must be taken into account when crafting an appropriate remedy. Frequently, competitive concerns in horizontal mergers can be best resolved by a structural remedy, while vertical mergers lend themselves to behavioural remedies or a combination of both.
While such generalizations may be a useful starting point, each transaction should be evaluated based on its own merits. In crafting remedies, competition agencies often seek the views of third parties in order to ensure that an optimal remedy is found.”
A new book has been published by Thorsten Kaseberg (from the German Economics Ministry) by Hart Publishing (Oxford) entitled Intellectual Property, Antitrust and Cumulative Innovation in the EU and the U.S.:
“For decades, the debate about the tension between IP and antitrust law has revolved around the question to what extent antitrust should accept that IP laws may bar competition in order to stimulate innovation. The rise of IP rights in recent years has highlighted the problem that IP may also impede innovation, if research for new technologies or the marketing of new products requires access to protected prior innovation. How this ‘cumulative innovation’ is actually accounted for under IP and antitrust laws in the EU and the US, and how it could alternatively be dealt with, are the central questions addressed in this unique study by lawyer and economist Thorsten Käseberg.
Taking an integrated view of both IP and antitrust rules – in particular on refusals to deal based on IP – the book assesses policy levers under European and US patent, copyright and trade secrecy laws, such as the bar for and scope of protection as well as research exemptions, compulsory licensing regimes and misuse doctrines. It analyses what the allocation of tasks is and should be between these IP levers and antitrust rules, in particular the law on abuse of dominance (Article 102 TFEU) and monopolisation (Section 2 Sherman Act), while particular attention is paid to the essential facilities doctrine, including pricing methodologies for access to IP.
Many recent decisions and judgments are put into a coherent analytical framework, such as IMS Health, AstraZeneca, GlaxoSmithKline (in the EU), Apple (France), Orange Book Standard (Germany), Trinko, Rambus, NYMEX, eBay (US), Microsoft and IBM/T3 (both EU and US). Further topics covered include: IP protection for software, interoperability information and databases; industry-specific tailoring of IP; antitrust innovation market analysis; and the WTO law on the IP/antitrust interface.”
Templates/precedents and checklists to run promotional contests in Canada
Templates/precedents and checklists to comply with Canadian anti-spam law (CASL)
