°Őłó±đĚý(the “Gowling WLG IPilogue Prize”) was pioneered inĚý’sĚýIntellectual Property class in the Fall 2007 term and has been generously sponsored each year since then by , formerlyĚýGowling Lafleur Henderson LLP. As a sector-focused law firm, Gowling WLG provides clients with in-depth expertise in key global sectors and a suite of legal services, including a and 300-strong .

All blog entries and comments on the IPilogue submitted by Osgoode students are considered automatically for the prize. In each academic semester, one prize is awarded for the best blog post and one prize for the best comment.

This award is a chance to recognize Osgoode students' research and writing in a specialized and technical field and further encourage them to develop their strong interest in Intellectual Property Law. Of course, the subject matter of the IPilogue goes beyond strictly IP. Our stories also delve into related areas including: internet law, privacy rights, broadcasting, social media and free speech.

We are pleased to announce this year’s winners of the Gowling WLG IPilogue Prizes:

Fall 2020 Term:

Best Blog: Summer Lewis on “”

Best Blog Comment: We did not award a winner for this category

Winter 2021 Term:

Best Blog Post: Sebastian Romanutti on “”

Best Blog Comment: We have a tie.

Elif Babaoglu’s comment on “”

Jared Sues’s comment on “”

Congratulations to our winners and thank you to all who make the IPilogue possible. We are most grateful to Gowling WLG for its generous support.

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by providing engineering students with comprehensive start-up support and education to help them develop business skills for launching a successful start-up enterprise. BEST Lab assists with technical elements, such as creating prototypes, to business management and funding elements, such as assisting members in building successful pitches for angel investors and in the creation of a successful business development strategy.

At BEST lab, I was responsible for providing research and information in corporate and intellectual property (IP) law matters to entrepreneurs and start-ups throughout their seed and growth cycles. I have been asked questions regarding corporate structuring, filing patents, inquiries related to IP rights' inventorship, and such. My BEST Lab supervisor , the Associate Director of BEST Lab, has instructed me to create three deliverables: 1) an intellectual property educational presentation for tech start-ups and entrepreneurs, namely "IP 101"; 2) a weekly drop-in session where I provided legal information over Zoom; and 3) a BEST Practices document to guide start-ups with frequently faced IP issues. As I worked on these deliverables, I had to research and collaborate with other lab members, lawyers, and professors. As a result, I learned a lot about the substantive IP law.

Moreover, I have been taught academic knowledge regarding IP and corporate law very theoretically in law school. Though it is essential to learn the foundational black-letter law, laying the foundations for life in practice requires experimental education, where students gain practical experience by taking part in clinical programs, intensives and mooting workshops. The internship at BEST Lab provided me with the hands-on experience that I needed. Through this internship, I gained invaluable insight into the nuances of the solicitor-client relationship. I truly understood what is required of lawyers including their duty of confidentiality, time- management skills, as well as the interpersonal care and support.

Overall, I had an enlightening and rewarding experience with my placement at BEST Lab. I learned so much about the start-ups from legal and business perspectives. Furthermore, I enjoyed working and networking with many tech entrepreneurs and start-up founders with incredibly cutting-edge concepts and inventions. The IP Intensive Program and BEST Lab placement have been incredible learning opportunities for me, and I recommend it to anyone interested in exploring IP and tech law.

Written by Elif Babaoglu, JD Candidate 2021, enrolled in Professors D’Agostino and Vaver 2020/2021 IP & Technology Law Intensive Program at Osgoode Hall Law School. As part of the course requirements, students were asked to write a reflective blog on their internship experience.

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Professor D'Agostino established the purpose of this webinar was to shine the spotlight on leading global leaders in cyberspace in the areas of national security, law enforcement, and the war on terror as effectively tackling crime and terror requires advanced technological tools. As we address these challenges, complex issues relating to public policy and human rights protection arise.

żě˛ĄĘÓƵ's Head of Research & Innovation Professor gave his opening remarks on żě˛ĄĘÓƵ's social and environmental impact and commitment. Professor Amir Asif mentioned that żě˛ĄĘÓƵ had been recognized by the Times Higher Education (THE) in its Impact Rankings placing 33^rd out of 767 universities for how it tackled its serious economic, social and health challenges at home and across the world. Professor Amir Asif declared cyber challenges to human rights as one of the key novel global concerns. He mentioned that some of the key goals for żě˛ĄĘÓƵ's future work include global digital connectivity and discovering all possibilities for collaboration and problem solving to enhance the way we think, learn and create. Professor Amir Asif then introduced Professor Irwin Cotler.

Professor Irwin Cotler is of the Raoul Wallenberg Centre for Human Rights and the former Minister of Justice and Attorney General of Canada. Professor Irwin Cotler talked about the global pandemic, global digital authoritarianism, global assault on media freedom, and dystopian use and abuse of cyber technologies, which threaten our democracy's values and fundamental freedoms. Professor Cotler mentioned article written by Samuel Warren and Louis Brandeis, which anticipated the violations of privacy rights that may arise due to the use of mechanical devices. This issue is especially concerning because the law struggles to catch up to the racing emerging technologies.

Furthermore, Professor Cotler elaborated on his concept of dystopian use of cyber technologies by explaining the proliferation of state-sponsored cyber warfare such as weaponization of cyber technologies to attack elections, power grids, healthcare institutions, and oilfields and increasing ransomware attacks targeting different democratic institutions. Besides, malicious actors have been to repress and silence dissents at home and spread disinformation to destabilize democracies and democratic institutions abroad. This is a significant issue because the disinformation spread by foreign agents is likely to destabilize the Canadian democracy and polarize Canadian society, which calls for an immediate and comprehensive response. Hence, complex questions regarding the regulation and liability of emerging technologies must be addressed. Professor Cotler also implied the importance of having non-ambiguous laws for effective compliance of laws and human rights protections.

After Professor Cotler's conclusions, introduced from Norton Rose Fulbright. Ms. Paszti talked about the ethical issues created by AI and whether the law can alleviate this tension. As the complexity of AI solutions create public mistrust, especially because AI systems are increasingly making more critical decisions that impact people's lives, such as , or . Moral questions regarding the input data's integrity or consent, where and how these technological solutions should be deployed, and what type of oversight we should have over these uses must be adequately addressed. Moreover, she has talked about the role of voluntary codes of conduct and best practices in addition to formal regulations. For instance, privacy by design requires companies to consider privacy impacts early in the design stage and could be used to design AI solutions.

After Ms. Paszti's insights, , the President and Co-founder of Cobwebs Technologies, talked about the human rights implications and AI-Powered web intelligence for national security and law enforcement purposes. Mr. Timianker emphasized the need for guidance on law and ethics in a world where a technology company might have to deal with clients in multiple jurisdictions with different regulations. These set of rules, if appropriately established, will allow tech companies to make ethical decisions. Ethics seal might be the right way to incentivize companies to self-regulate.

Lastly, , the Senior Director of Rule of Law & Responsible Tech and European Government Affairs at Microsoft, shared her insights about . Prioritizing people at the centre of these technologies' development at an early stage is a crucial factor in establishing a responsible approach to AI. Attending the Bracing for Impact webinar indeed enabled me to think about how emerging technologies impact rights and freedoms. The protection of human rights should be the international legal responsibility of all governmental and private parties.

Written by Elif Babaoglu. Elif is a contributing IPilogue editor and an avid privacy and tech-law enthusiast with a particular focus on artificial intelligence.

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In the cybersecurity plenary session, the experts discussed the recent cybersecurity threats in the midst of the COVID-19 pandemic. The global COVID-19 pandemic has been said to add “ to the threat environment leading to a drastic increase in the volume of cyberattacks and breaches during the past 12 months in Canada. In Canada, of businesses experienced a cybersecurity breach that negatively impacted their operations. For instance, refer to hackers infecting a computer or network with viruses that encrypt and hold the data “hostage” until a ransom is paid. Ransomware attacks cost Canadian companies around when downtime costs are factored in.

Moreover, hacking groups, like and , are increasingly conducting attacks where hackers exfiltrate and download sensitive data before launching a ransomware attack. The attackers can maximize their chance of getting the companies to pay the ransom by . Most of these cyber attackers demand the ransom in , making it very difficult for law enforcement agencies to track and investigate the crimes.

The attackers choose different sized businesses and organizations for various reasons. For instance, health care providers, law firms, government organizations and large companies are often targeted by (APT) attacks, which require the attackers to carefully research and choose their victims over a long period. Executing an APT attack usually than other attacks and is typically done by experienced and financially-backed cybercriminals. Cybercriminals might choose to attack to demand greater ransom payments.

Cybercriminals also choose small and medium-sized organizations and businesses because they are seen as soft targets who do not have . Moreover, small and medium-sized companies often outsource their IT needs to third parties, creating another cyber risk level for small-sized companies to mitigate. Consequently, small and medium-sized companies must get which will allow them to access resources that may otherwise not be accessible to them. Cyber insurance may also provide coverage and protection for liability regarding .

Though having cyber insurance is extremely important, cybersecurity risk mitigation and management practices are critical to minimize breaches' harm. It has been said that of successful breaches are initiated through phishing emails, malicious attachments, unpatched systems or “vulnerabilities,” or lack of two-factor authentication systems. To mitigate an attack, best cybersecurity practices, such as having a detection plan, threat intelligence, disaster recovery, training, fire drills and having sufficient back-ups, must be in place prior to the attack. Adopting and applying the best cybersecurity practices is incredibly important during the pandemic for those who in an environment that might not have the same formal cybersecurity protections and processes in place. This is true, especially for who have to meet their professional responsibilities such as the obligation of confidentiality, privilege, and the duty of technological competence. It is very important to know and meet these professional and ethical responsibilities even as a law student. Hence, I am very happy that I was given the opportunity to attend this conference, as it taught me a tremendous amount about the most recent and significant developments in Canadian and international technology law.

Written by Elif Babaoglu. Elif is a contributing IPilogue editor and an avid privacy and tech-law enthusiast with a particular focus on artificial intelligence.

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Apple’s new operating software will require apps to get opt-in permission from users to collect their advertising identifier, a number that allows advertisers to send targeted ads, instead of an opt-out system. It has been argued that under Apple’s new privacy configuration, few users will agree to be tracked, which makes it harder for advertising companies to sell personalized ads. On the other hand, Apple can hold itself to a to iOS users without asking them for prior consent and potentially boost its profits.

Moreover, the United States Department of Justice against Google on October 20, 2020, for antitrust violations. Google is said to be facing the most significant in a generation since the unprecedented case against commenced in 1998. In this particular context, antitrust violations refer to the , which inhibits healthy and fair competition, leaving consumers vulnerable to predatory business practices in various ways.

Currently, Google controls about A recent report from a House Judiciary Subcommittee concluded that Google has . One of the reasons behind the suit was that Google is paying phone manufacturers to ensure Google is the on browsers. Google’s search application is preloaded and cannot be deleted on mobile phones with systems. Responding to exclusionary practices and market dominance, “…People use Google because they choose to ­­— not because they’re forced to or because they can’t find alternatives.”

This pre-election lawsuit against Google is said to be on tech giants for antitrust issues. In Canada, there have not been any major antitrust investigations against tech companies so far. However, that it is only a matter of time before Canada joins the US and the EU in antitrust investigations. For instance, recently, Canadian publishers complained about big tech giants such as Google and Facebook which threatens Canada's publishing market's survival. Publishers urged Ottawa to force the tech companies to urgently. Canadian Heritage Minister signalled his intent to focus on this issue and address the imbalance between the Canadian news organizations and tech giants.

Though Canadian regulators have generally been more moderate than their American or European counterparts, the Canadian Competition Bureau is now tech giants for anti-competitive behaviour. The Canadian approach to competition violations is providing s rather than taking the companies to court. However, this approach has not always worked so well in terms of .

Moreover, some people claim that big tech should not be disturbed for all the good they provide for society. Even in the 90s and 00s, challenging Microsoft for violating antitrust laws was decision. Microsoft was a well-liked company, and Bill Gates was widely held as a “visionary genius,” and it was argued that enforcing the antitrust laws against Microsoft would . However, innovation still surged in the American technology markets even after the action against Microsoft. Accordingly, demanding fairer rules and compliance surrounding competition from tech-giants should be a priority for Canadians.

Written by Elif Babaoglu. Elif is a contributing IPilogue editor and an avid privacy and tech-law enthusiast with a particular focus on artificial intelligence.

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The phishing attackers and their email addresses, so it appears to come from a trustworthy source. They may also include links that redirect users to fake websites masked as legitimate web pages, where users are prompted to share confidential information. Phishing may also come in the form of text messages that appear to come from your or delivery companies. Thus, not only should you not provide your personal information, but you should also not click on links inside texts from numbers that you do not recognize, as that you may unknowingly download a malware program.

Moreover, in addition to coming from trustworthy sources, phishing attacks may also rely on . For instance, emails may include subject lines warning the individual about their compromised and urging them to provide their information fast. Perhaps that’s one of the reasons why during the COVID-19 crisis. There are , including carefully investigating the , that try to alarm or confuse, and However, it is important to state that these attackers, their technologies, and the social engineering techniques they deploy are also to put off the counter-cybersecurity protection.

Phishing attacks use social engineering, which typically involves some form of of the target into opening infected documents or providing personal information. Humans are the , and social engineering techniques are applied to take advantage of human error and negligence. Before the attack, cyber-criminals can prepare by collecting information on their targets for some time. They may research the individual by sites like LinkedIn or Facebook. Attackers use the information they collect on known interests of the target to to entice the target to click on malware-laced attachments. For instance, if the hacker gains access to the information that the target is a huge fan of a certain artist, the hacker may offer discounted tickets in the email.

For example, in 2016 and 2017, devastating cyberattacks named and the new variant were deployed. The attack the Ukrainian power grid, banking systems, and government agencies. The attackers used the employees of the bank and government to download a seemingly innocent Microsoft Word document that had malware. The was purporting to be a job applicant’s resume, which allowed the hackers to make admin-level changes once opened. This example demonstrates how attackers targeted due to their unique need to open attachments from unknown sources, and subsequently personalized their attacks.

Therefore, it is important to create among individuals, employees, and businesses to enable them to identify and avoid these threats. This security awareness training needs to encourage and transparency. Appropriate such as antivirus protection, download and acceptable use policies, data access policies, data back-up policies and encryption frameworks must be fully integrated into the ĚýMoreover, individuals and employees must they share on social media to limit the resources available to the attackers. Lastly, employees must be clearly instructed on how to once they have identified it.

To conclude, phishing attacks can significantly damage the businesses legally and financially, as it may diminish the operations, productivity, and integrity of data of businesses. Phishing can further lead to the public disclosure of embarrassing or damaging emails, causing loss of reputation and the public trust, which . Therefore, it is fundamental that cybersecurity awareness must be embedded in the company culture and prioritized, among other operational and legal risk management practices.

Written by Elif Babaoglu, a third year law student at Osgoode Hall Law School and an information privacy and cybersecurity enthusiast.

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Smart cities use a combination of the IoT devices, software solutions, communication networks and user interfaces to collect data, which then is . Smart cities can provide personalized solutions to improve the urban quality of life, which is becoming increasingly important as the . Indeed, by is expected to live in cities. Across the world, the smart cities market is and will be worth an estimated $545.7 billion by 2025.

On a domestic front, Sidewalk Labs was planning on redeveloping the commercial and residential area of the with digital innovations from sensor-activated heated pavement to prevent ice build-up to the inclusion of infrastructure for autonomous vehicles. The project was going to be done with the Ěý its plans to bring smart city technology to Toronto due to the economic uncertainty caused by the COVID-19 pandemic. Before the abandonment of the project, surveillance and data collection aspects caused civil rights and citizen groups to express concerns over potential violations of civil rights and privacy.

that smart cities are an experiment of surveillance capitalism, and technology giants should not be trusted to handle the data they collect on residents safely. Though smart cities can remain an to affordable housing, environmental issues, and some of the urban challenges, the privacy issues regarding how the personal information will be handled must be addressed prior. Transparency will be important in increasing the trust of citizens. What data is being collected, how it is being monitored, how it is being used, to whom it is going to be sold or shared with are with the input of citizens before transforming Toronto into a smart city.

Written by Elif Babaoglu. Elif is a contributing IPilogue editor and also the Co-Director of Events of the Osgoode Privacy Law Society.

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The series takes place in Oklahoma and follows the life of zookeeper Joe Exotic, as well as other interesting characters, such as Joe’s competitor and fellow zookeeper , the leader of a cult-like polyamorous group that staffs his zoo. The series brings to light a plethora of legal issues, including . Interestingly, the series involved several like the , and and against Joe Exotic. This article will explore Carole Baskin’s trademark suit against Joe Exotic in particular.

In 2011, Carole Baskin’s Big Cat Rescue filed alleging that Exotic infringed her trademark rights on her BIG CAT RESCUE logo. The purpose of trademarks is to of goods and services of the trademark holder to distinguish those goods and services from others in the marketplace. In her complaint, Carole Baskin had to demonstrate that Exotic’s similar trademark with her trademark. To prove this claim, she showed that she had a registered mark, and that Joe’s use of “Big Cat Rescue Entertainment” infringed her exclusive trademark rights. states that any person who use in commerce any reproduction, counterfeit, copy or colorable imitation of a registered mark in connection with the sale, offering for sale, distribution or advertising of any goods or services on or in connection with which such use is likely to cause confusion is liable for civil damages.

To determine trademark infringement and whether a exists, the respective marks are examined for their similarities and differences. Even if not identical, if the marks , then the marks may be deemed confusingly similar. In this case, “Big Cat Rescue Experience” to promote his zoo, as well as his show where he travelled with big cats and performed magic. Exotic only added the term “” to Baskin’s Big Cat Rescue to create his Big Cat Rescue Entertainment/Experience. Moreover, Exotic marketed the show by using an image that had a to Baskin’s logo for the Big Cat Rescue. Also, not only were Exotic’s services similar to those of Baskin’s (animal sanctuary/zoo), but Exotic’s use of the Florida phone number created an illusion that his business was as Baskin’s sanctuary. So, was likely to confuse consumers into thinking that his zoo had a connection or affiliation with Carole’s non-profit sanctuary.

The consumer confusion allowed Exotic to unlawfully benefit from the popularity of Baskin’s sanctuary by Consequently, and ordered Exotic to pay legal costs and damages to Carole’s Big Cat Rescue in the amount of $953,000. Recently, the , which was transferred to his mother in order to evade creditors, to be turned over to Baskin.

Written by Elif Babaoglu, who is a contributing IPilogue Editor and the Co-Director of Events of the Osgoode Privacy Law Society.

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Canada was the to legalize recreational cannabis. The came into force on October 17, 2018. Its stated purpose is to the health of young persons by restricting their access to cannabis, to protect young persons and others from inducements to use cannabis, and to deter illicit activities concerning cannabis by providing a legal supply of cannabis. While Canada’s since recreational pot was legalized, that the regulations governing the promotion of cannabis do not allow sufficient flexibility for companies to develop their brands in this emerging market due the strict provisions governing the promotion of cannabis.

The prohibitions in can potentially apply to any person or organization engaging in relevant activities, such as the promotion of cannabis, cannabis accessories and services related to cannabis. dictates that it is prohibited to promote cannabis or cannabis accessory or any service related to cannabis by communicating information about cannabis price or distribution; by doing so in a manner that there are reasonable grounds to believe could be appealing to young persons; by means of a testimonial or endorsement; by means of the depiction of a person, character or animal, whether real or fictional; or by presenting it or any of its brand elements in a manner that associates it or the brand element with, or evokes a positive or negative emotion about or image of, a way of life such as one that includes glamour, recreation, excitement, vitality, risk or daring.

The states it “prohibits any promotion, packaging and labelling of cannabis that could be appealing to young persons or encourage its consumption while allowing consumers to have access to information with which they can make informed decisions about the consumption of cannabis.” found that almost one-quarter of those surveyed did not know the cannabis brands they regularly use, demonstrating a lack of brand preference and, subsequently, a lack of awareness of the goodwill cannabis companies have built-in their brands.

Moreover, the may have some intellectual property implications since they may limit the registration of trademarks associated with brands. The companies have their cannabis products and accessories because of the restrictions on “appeal to youth” and “way of life.” For instance, some of the not being able to display animals or characters on the packages or using fluorescent fonts. Moreover, there can be permitted on the display panel. This leads to companies creating products and packages using marks that are , through colours, fonts, texture, scent, sound, and strain names, since they are not allowed to use creative names, slogans, or logos.

The Trademarks Act sets out in sections 2, 12(1)(c) and 12(1)(d) that a trademark is not registrable if it is clearly descriptive or generic. Distinctiveness impacts not only the registrability of a mark but also its once registered. Moreover, the amendments that came into force on June 17, 2019, , which may help with the . However, even if the company obtains the registered trademark, the marks can still be challenged if the owner does not use the mark as per . The strict regulatory framework relating to promotion, packaging and labelling might prevent the companies to “use” their trademarks on cannabis products. Cannabis companies will have to get really creative to come up with non-descriptive yet distinguishing trademarks which they can display on their cannabis products without violating the promotion regulations.

Legal cannabis is still a very novel market and industry, and the partnership between the government authorities and cannabis companies is crucial to the growth of the licit cannabis market, in doing so, eliminating the black market. Therefore, Health Canada should give clear guidance on what they deem to be appealing to minors for cannabis companies to come up with compliant trademarks and promoting their products. In the future, it will be very interesting to see how Canada is setting precedents as the .

Written by Elif Babaoglu, IPilogue Editor. Elif is also the Co-Director of Events of the Osgoode Privacy Law Society.

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The platform's are concerning since Zoom shares the personal data of the users with third parties for business purposes, whatever that may be. indicated that instant messages or videos could be used to target advertising campaigns or develop a facial recognition algorithm. This may be especially threatening for individuals who use Zoom to communicate extremely , such as that shared between corporate management or in therapy sessions. also discouraged the use of Zoom in cases where strong confidentiality is required, including "governments worried about espionage; businesses concerned about cybercrime and industrial espionage; healthcare providers handling sensitive patient information; and activists, lawyers and journalists working on sensitive topics". The also had a feature that exposed individual's personal information to others, as well as not having appropriate end-to-end encryption on its data, meaning Zoom itself has access to the data that flows between users. Due to these serious concerns, multiple organizations such as , and the , have banned their employees from using Zoom.

Moreover, Zoom has been hit by several lawsuits, which damaged the company's reputation. Subsequently, consumers and investors started losing trust, which resulted in the company's since the end of March. Zoom is facing a lawsuit by an investor who claimed that the company had regulations by failing to disclose known problems with its software encryption and privacy, leading to damaged share value. Zoom faces additional class action court filing in the US after it was found out that were able to snoop video calls under certain circumstances.

Due to all the ongoing and upcoming litigation and public outcry, the CEO of Zoom, Eric Yuan, has publicly addressed Zoom's privacy and security issues. has stated, "you know, lesson learned" and promised to double down on privacy and security.  Not only did Zoom institute a 90-day plan aimed at improving the areas of concern were brought forward, but the company also established a where Facebook's former chief security officer Alex Stamos was hired to be a central consultant. The company has also improved its previously outdated standard to AES 256-bit TLS to provide better cybersecurity protection to its users. However, whether these privacy and cybersecurity improvements would be sufficient to comply with the privacy legislation, such as the (PIPEDA) or the (GDPR) is another story.

An expert has stated that Zoom privacy policies would get a C- for its standards according to the European GDPR standards. Moreover, the Canadian requires meaningful consent to collect user disclosed information according to the identified purposes; and must be appropriately safeguarded. Zoom may not sufficiently meet these standards, as the users are required to passively accept the collection of their personal data if they are required to use the program for an interview, for example. The terms for identified purposes for data collection are vague in Zoom’s privacy policies. The drastic effect of the privacy concerns demonstrates the importance of cybersecurity measures, not only for commercial success, but also for legal compliance and the public's trust in the company.

Written by Elif Babaoglu, who is a contributing IPilogue Editor and the Co-Director of Events of the Osgoode Privacy Law Society.

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