CIPO Ends Regional Courier Services Counters

The Canadian Intellectual Property Office (“CIPO“) recently elected to abandon its practice of allowing third parties, such as applicants and agents, to send correspondence and documents through regional counters, considered until now as “Designated Establishments”.

This change will be effective August 16, 2021.

Until now, those who needed to exchange with CIPO otherwise than by fax or electronically, could avoid having to resort to mailing stuff, by visiting a counter in certain major Canadian cities (e.g. Toronto, Calgary, Vancouver, etc.), in order to hand-in their documents. This will no longer be possible, once this change comes into effect.

This may happen, for example, to documents and evidence to be submitted in opposition or Section 45 proceedings which may not be sent by fax, due to the limitations of this antiquated technology. From now, if it gets to that, CIPO will expect use of registered mail or the like to send-in your documents.

On the bright side, CIPO is providing us with more and more links and forms which may now be used to communicate electronically and, hopefully, having to resort to obsolete means such as the fax and the mail.

U.S. Offers $10M Reward to Help Fight Against Ransomware

The U.S. started cranking-up the heat on cybercriminals responsible for recent important ransomware attacks on American businesses and organizations. This include offering a reward for millions of dollars to anyone who provides specific information as to the criminals behind those recent attacks.

The move is part of several initiatives by the U.S. to try and start getting a handle on the problem of ransomware, a problem which is fast reaching epidemic proportions. Who knows, large rewards like these may help motivate citizens and businesses to investigate recent attacks and, who knows, even track down those responsible for these cyberattacks. Can’t hurt!

In addition to those rewards, it seems the U.S. is also continuing to tighten banking regs (to squeeze those trying to cash cryptocurrency paid as ransom) and increase international collaboration.

It is hoped initiatives such as these may help obtain more information, in particular, as to recent sophisticated attacks which were, more than likely, sponsored by foreign States such as Russia, China and North Korea.

Canada a Little Closer to Recognising Right to be Forgotten

The Federal Court recently issued a decision further to a reference triggered by the Privacy Commissioner and involving Google, and in particular the extent to which search engine may be considered businesses that are governed by rules pertaining to the protection of personal information. In short: yes, Google should be considered a normal business and, yes, search engines may be considered as holding and using personal information.

In practice, one consequence of the recent ruling at issue is that individuals the personal data of whom is held and displayed by the likes of Google, when third parties make searches on the Web, would seem to be covered by normal rules requiring that the information be up-to-date, exact and still relevant. In short, in certain cases, it could be that individuals may require search engines to stop their algorithms from referencing inaccurate or obsolete information.

Though the Federal Court decision at issue was technically NOT about the right to be forgotten, this judgment does open the way for Canadians to claim a right to deindexation of erroneous or obsolete Web search results, akin to the right to be forgotten that European law now grants citizens. This could happen with or without legislative changes to provide for it expressly.

Though people are already invoking the right to have stuff about them deindexed (by search engines), for now, providers like Google aren’t too keen to start recognizing that such a right does indeed exist in the U.S. or Canada. Now, as the Privacy Commissioner starts investigating and processing complaints about search engine results, to be seen whether a right to deindexation will indeed materialize in Canada, and how fast.