One of the important ways we serve British Columbia lawyers here at CLEBC is by keeping them informed about changes in the law, both large and small. We are always alert for information about new legislation. What’s happening and when? Our legal editors and program lawyers have wide networks throughout the legal profession so we can know very early whether changes are in the wind. This information is critically important to our work.

If a significant new legislative regime is being considered, our BC government tends to recruit an advisory committee to provide input on the new statute, rules, or . . . [more]

A recent decision of the Federal Court in Novartis v Teva 2013 FC 283 (“Novartis”) [under appeal A-123-13] has established that the relevant date for patent sufficiency is not until the publication date. Novartis may highlight an inconsistency in validity analysis. In some ways the notional “person skilled in the art” (who by definition is not inventive) is expected to know more, and earlier, than the inventors themselves (who are obviously inventive).

Narrowing of claims to one compound renders patent sufficient

In Novartis, Mr. Justice Hughes held that Novartis’ compound patent (CA 1,338,937[i]) was sufficient . . . [more]

What does one do about malware, about intrusion into one’s IT systems, about cyber-attacks? My last column looked at the criminal law aspects of ‘hacking back’ – is ‘active defence’ legal? Here we turn to other considerations. What are the civil rights and wrongs? In these days of state-sponsored attacks, are there military aspects? For that matter, what are the practicalities of attacking the attackers? 

Civil rights and wrongs

The legal questions about civil liability for intruding on someone else’s computer system work in both directions, i.e. the cyber-attacker may in principle be exposed to the same civil liability as . . . [more]

Look at any list of current SEO strategies and it will be immediately clear that the #1 tactic relates to content. In my last column on law firm SEO tactics to avoid in 2013, I concluded that more than anything else, we need to ensure a “regular flow of original content (and deep links flowing into that content)” and to “make good choices: on publishing, building audiences, coding, classification, proper description, and most important, connecting with people.”

I stand by those words. The bottom line is that content drives search traffic; this has never been truer than in 2013. . . . [more]

Massive open online courses or MOOCs seem to be popping up everywhere. I first noticed the term in the advance flyer for Law via the Internet 2013. Then I began seeing it more often so I decided to explore this new phenomenon both for myself and to share through this blog. I wanted to learn if such courses could be useful for law librarians, law professors, law students and practicing lawyers

The three major names in the world of MOOCs are:

• edX, a non-profit consortium of universities offering 60 courses, five of which are law-related.
• Coursera,

“Triage” is a very popular word these days in the context of civil justice reform. It was raised in:

• the CBA’s Envisioning Equal Justice Summit in April as one of the possible solutions to ensuring that citizens have access to justice
• the final report of the National Action Committee on Access to Justice’s Prevention, Triage and Referral Working Group
• the Opening the Dialogue session on the phenomenon of self represented litigants in May

“Triage” is a popular concept but what, exactly, does it mean? I have a feeling that it may mean slightly different things to different people.

Merriam Webster . . . [more]

Although personally it seems relatively recent, it was as long ago as in the mid-1990s that I was first asked to write on legal and professional publishing, by way of a chapter in a book entitled Book Publishing in Britain, (J. Whitaker & Sons, 1995). Pondering both forward and back around 20 years each way, one has a sense of the scale in which so much has changed, while at the same time there are areas in which things have remained the same. I was amused recently to be told with pride by a seasoned business owner, that their . . . [more]

If you’ve flown to Europe or Asia, you know that the flight path, viewed on a “normal” map, looks far longer than it should. The plane flies what appears to be thousands unnecessary kilometers on a route that curves up near the North Pole, rather than flying in a straight line.

Appearances are deceiving, as you probably have realized. The earth is not flat, and that so-called normal map, usually a Mercator projection, greatly distorts distances at higher latitudes. Trace a route from Toronto to Tokyo on such a map, and it appears to pass about 700 km south of . . . [more]

April 24, 2013, marked the 150^th anniversary of the publication of the Instructions for the Government of Armies of the United States in the Field, a U.S. government document also known as the “Lieber Code”. Francis Lieber of the War Department, Adjutant General’s Office, prepared the Code at the request of President Abraham Lincoln. The President issued the Code on April 24, 1863, as General Orders, No. 100. Even after a century and a half, this document continues to be relevant today. Justice O’Connor cited it in the plurality opinion in Hamdi et al. v. Rumsfeld, 542 . . . [more]

Recently, a private member’s bill was introduced to “remove citizenship” from terrorists, while the Canadian Collegiate Athletic Association added further restrictions to the ability of non Canadians to play varsity sports. At the same time, the City of Toronto voted to extend the right to vote to permanent residents, as opposed to restricting it to “citizens”. Are we witnessing the articulation of different conceptions of citizenship? If so, which one is appropriate, legitimate or even moral?

The private member’s bill is grounded in the belief that citizenship is a privilege that can be withdrawn by a State, unhappy with the . . . [more]

Speaking of newspapers and revolutions, the legal profession has a lot to learn from the much more mature Media Industry revolution. The legal revolution is really only just starting, but started it has. The first lesson is that it is really a Legal Industry, and that the legal profession is a shrinking part of it. Think printed newspapers. They are both being consulted less in their traditional form – it’s a convenience thing. Printed newspapers are headed towards weekends-only editions; the last step before digital only.

People have no time for long newspaper articles in their daily lives, and less . . . [more]

The Internet has changed how distributors and consumers purchase goods, and those who purchase goods for multi-level marketing from companies such as Tupperware are no exception. A recent decision Federal Court decision involving the manufacturer of Tupperware, Dart Industries Inc. v. Baker & McKenzie LLP, considered whether trade-mark use occurred when goods are purchased online using flyers. The Dart decision also provides important lessons on preparing trade-mark use evidence, especially from goods and services are purchased online.

Background

Dart owns Canadian trade-mark registration No. TMA145,567 FLAVOR SAVER for plastic household containers and lids. Baker& McKenzie initiated proceedings under section . . . [more]