Archive for the 'Uncategorized' Category
Guest post by Jacob Kojfman (Vancouver Tech Law)
Last week, Apple Inc. (“Apple”) received a piece of very good news when a jury awarded it a $1-billion decision in its patent infringement case against Samsung.
The jury in the case decided that Samsung was violating Apple’s patents on a number of design and software matters. The jury did not find that Samsung violated any of Apple’s intellectual property in its tablet design.
The ramifications to this decision are huge. Aside from the obvious, that Samsung will stop selling the phones and tablets that were the subject of the jury decision, the bigger question is the mobile-phone and tablet industries as a whole: what happens next?
There is the possibility for further innovation in the market by all the companies involved. Microsoft, a late entry to the smartphone game, has received positive accolades for its system. However, this the Nokia phone that runs the Windows system is not selling well. Samsung, which is the largest seller of smartphones, could easily fall from its perch if it is no longer allowed to sell its iPhone-esque devices in America.
While there is hope for further innovation, smaller upstarts may feel deterred from launching products that even appear to be too similar to those of Apple’s, for fear of getting bogged down in lengthy and costly litigation. One of the perks of Apple’s giant horde of cash.
More importantly, this decision could just be the start of on-going legal battles for Apple. Google has filed a lawsuit against Apple claiming patent infringement. This lawsuit just adds to the further drama that is the smartphone wars. Google’s Android system is the operating system of the Samsung phones and tablets at the heart of Apple’s recent legal victory. According to Rich Karlgaard, columnist of the Wall Street Journal, all that is happening now is that companies are taking products that already exist and making them better, a strategy that Steve Jobs used.
Only time will tell if we have greater innovation in this industry, if we end up in a copycat world, and if so, will we just end up living in an Apple-dominated world.
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A few regulatory, intellectual property and advertising law updates caught my eye today including:
A flurry of media reports and notes relating to Apple’s $1 billion jury victory over Samsung in one of the largest patent fights in history (see e.g.: Check, Please: Experts Say Apple, Samsung Face Sky-High Legal Fees, Samsung Violated Apple Patents, Jury Rules, Apple’s $1B Patent Victory Could Help Company Corner the Market, Jury Hands Apple $1B Victory Over Samsung in Epic Patent Trial, Samsung Ordered to Pay Apple $1 Billion for Patent Violations).
A few updates on China’s largest international investment foray – in it’s $15 billion friendly bid for Nexen (see e.g.: Outcome of $15.1-billion Nexen-CNOOC Merger is Murky).
Commentary on the growing political divide between Alberta and British Columbia over the Northern Gateway pipeline (see e.g.: Growing Divide Between B.C., Alberta on Northern Gateway: Poll).
An interesting New York Times Op Ed on bribery and corruption in the oil and mining industries (see: U.S. Oil and Mining Companies Must Disclose Payments to Foreign Governments).
Several new Canadian telemarketing developments, including a new Do Not Call List Status Report issued by the CRTC (see: National Do Not Call List (DNCL) Status Report (July 31, 2012) and a Federal Liberal association in violation of the Do Not Call List Rules (see: Guelph Federal Liberal Association in Violation of Unsolicited Telecommunciations Rules).
The International Cooperation Network (ICN), an association comprised of global competition law enforcement agencies and members, has announced a number of upcoming workshops including:
2012 Cartel Workshop – Panama
From the ICN:
“The Panamanian Consumer Protection and Free Competition Authority (ACODECO) invite you to the 2012 International Competition Network (ICN) Cartel Workshop, which will be held in Panama City, Panama, from October 2 to 4, 2012. The 2012 Cartel Workshop will be the 9th annual workshop hosted under ICN promotion, and is a continuation of the series of agency-led conferences that began in 1999. During the three-day Workshop, which main theme is “Enhancing Global Cartel Enforcement: Building on Solid Foundations”, discussions will focus on effective strategies to investigate cartel conduct. The Workshop will build on the foundations of global cartel enforcement by highlighting previous Cartel Working Group work products, including the Anti-Cartel Enforcement Manual. During the Workshop sessions, participants will discuss topics covered by the Anti-Cartel Enforcement Manual, such as: Searches, Raids and Inspections; Drafting Case Initiation; Investigative Strategies; Inverviewing Techniques; and Cartel Case Resolution Methods.”
For more information see: ICN Cartel Workshop.
2012 Advocacy Workshop 2012 – Paris
For more information see: ICN Advocacy Workshop 2012.
2012 ICN Merger Workshop – Bogota
For more information see: ICN Events.
Earlier today, the World Trade Organization announced the entry of Vanuatu and Russia into the WTO. From the WTO:
“’Both accessions show that joining the WTO remains high on the countries’ agendas since trade can bring a predictable and stable basis for economic growth. This is especially important as the world goes through troubled times and continues to suffer from one of the worst global economic crisis in memory. Joining the WTO is a sign of confidence in the organization and in what it can deliver for its members’, said WTO Director-General Pascal Lamy.
From the date of accession, the Russian Federation has committed to fully apply all WTO provisions, with recourse to very few transitional periods. On average, the Russian Federation will apply a final bound tariff for 7.8% for goods and has made specific commitments on 11 services sectors.
Vanuatu committed that, from the date of accession, it will fully apply all WTO provisions and did not require recourse to any transitional period except on intellectual property and on the publication of trade information. Vanuatu will apply an average final bound rate of 39.7% and has made specific commitments on 10 services sectors. The services sector has been growing and now accounts for three-quarters of Vanuatu’s GDP.”
The Federal Government has announced a series of cross-country consultations with industry and business leaders in relation to Canada’s global commerce strategy – including from SMEs – as part of its 2012 Economic Action Plan. From DFAIT:
“As part of Economic Action Plan 2012, the Government of Canada made a commitment to refresh the Global Commerce Strategy (GCS). The government is undertaking a series of cross-country consultations with industry and business leaders—including those from small-and medium-sized enterprises. A refreshed GCS will align Canada’s trade and investment objectives in large, dynamic and fast-growing priority markets, with an eye to ensuring that Canada is branded to its greatest advantage in those markets.”
The Government’s cross-country consultations will include Halifax, Montreal, Toronto, Winnipeg, Saskatoon, Calgary, Vancouver and Ottawa.
For more information see: Cross-Country Global Commerce Strategy Consultations.
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The American Antitrust Institute (aai) has published a new working paper entitled “Antitrust Compliance: An Annotated Bibliography”. Abstract:
“The purpose of this annotated bibliography is to survey the literature on antitrust compliance. The bibliography is organized into five sections: (1) current U.S. antitrust enforcement policy vis-à-vis compliance; (2) tools companies and in-house counsel can use to bolster existing compliance programs; (3) compliance in a globalized world; (4) recommended policy considerations; and (5) comparative policy considerations. Included are articles, commentaries, conference papers, essays, and books addressing one or more of the main categories into which the bibliography is organized.”
For a copy of the paper see: aai – Anitrust Compliance: An Annotated Bibliography.
The C.D. Howe Institute is hosting a roundtable in Toronto on November 16th with Simon Kennedy, Director of Investments (Industry Canada):
“Simon Kennedy is the Senior Associate Deputy Minister of Industry Canada, a position to which he was appointed in September 1, 2010. In this role, he works closely with the Deputy Minister to manage this federal government department, overseeing policies and programs of importance to Canada’s national competitiveness. One of his key roles at Industry Canada is Director of Investments under the Investment Canada Act, making him responsible for the administration of Canada’s foreign investment review process.
In February 2011, Mr. Kennedy was named by the Prime Minister as his representative to the bi-national Canada-U.S. Beyond the Border Working Group, which developed the Action Plan for Perimeter Security and Economic Competitiveness released by the Prime Minister and the President of the United States on December 7, 2011. Mr. Kennedy led the negotiation of the Action Plan with White House counterparts and the cross-Canada consultations with stakeholders. He resumed full time his duties at Industry Canada following the release of the Action Plan.”
The C.D. Howe Institute has published a new report entitled “From Living Well to Working Well: Raising Canada’s Performance in Non-residential Investment”:
“Business investment in Canada is picking up relative to its international peers, but underlying problems remain, according to a report released by the C.D. Howe Institute. In ‘From Living Well to Working Well: Raising Canada’s Performance in Non-residential Investment,’ authors Benjamin Dachis and William B.P. Robson identify widely divergent performances by provinces and a surge in the flow of funds to the residential sector away from the non-residential sector as problems to be addressed by policy reforms. ‘Policies that enhance competition and remove biases against non-residential investment could boost capital spending by businesses and improve Canadian workers’ prospects for higher incomes,’ said Benjamin Dachis, Senior Policy Analyst.”
Templates/precedents and checklists to run promotional contests in Canada
Templates/precedents and checklists to comply with Canadian anti-spam law (CASL)
