Anita GogiaĚý is a IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School.

During the Refugee Law Lab’s online seminar in September, students learned about how primary law can be used as data to increase its machine readability. Sarah Sutherland, the president and CEO of the Canadian Legal Information Institute (CanLII), discussed the role of technological solutions in legal work.

Sutherland Ěýfirst addressed how the structure of primary law affects its usage as data. Primary law is recorded and published in a way that can be referred to in ensuring proper process and governance. Legal data is “linguistic, narrational, situational, contextual, ambiguous, and process-dependant.” It is complex, just as human relationships are. When case-related documents are converted to legal data, it is semi-structured. While section headings are visible, it’s possible that the content within them is not marked or tagged in way that makes it efficient for document creation. This means the machine-readability is weak, as the content in the underlying document cannot be analyzed, requiring manual tagging.

Sutherland used Amazon to exemplify the impact when analyzing large amounts of data. Amazon, records millions of interactions and, through that data, they can extrapolate and predict what the user may be interested in purchasing. In some instances, Amazon can even prepare shipments before customers make purchases because of their forecasting accuracy. On the other hand, legal data lacks “yes/no” binary data and is incompatible with statistical analysis, despite employing large data sets. Specifically, in reference to legal data, “statistical methods may not have enough data points to give reliable results,” while “machine learning works well, and natural language processing techniques are more helpful.”

Statistical analysis requires a representative random sample — a criterion impossible for legal data to meet, as case law itself is non-random. Sutherland noted such arbitrariness existed at any level. For instance, “litigants are biased towards people who have money and high conflict complex problems, cases are selected by judges for which they will write and publish decisions, and matters heard by appellate courts are selected,” Overall, people who have legal problems are not random.

Language, specifically unintentional and intentional imprecision, is yet another reason it can be inefficient to use legal data. There is unintentional imprecision in language because of ambiguities in human syntax, as well as a lack of definition and/or precision about concepts. There is also intentional imprecision because not all situations can be anticipated and because of subjective human interpretations. For example, the legislature is mindful of the fact that if the drafted statute does not anticipate or is unclear about a specific set of facts, it will go to the courts who will apply their tools of statutory interpretation. Sutherland suggested that we should approach data the same way we approach creating statute — by accounting for imprecision.

Sutherland also discussed that machine-readable law can solve such problems through tagging and coding that makes the law explicit – this is referred to as “law as code.” Publishing law in such a way makes it widely usable across different applications that increase efficiency within the legal system. How can this be done? It was suggested that the law could be expressed in a literal way —law as code— and then in a human way. Rather than converting law expressed in human language to code, computer code would be converted to human language. Ěý

While it is unclear whether this would allow for more functionality with ambiguity in the law as law makers would require sophisticated levels of technical and computing skills to make it possible, there is potential to make the legal system more productive.

The post Understanding Primary Law as Legal Data appeared first on IPOsgoode.

Sally Yoon is an IPilogue Writer, IP Innovation Clinic Fellow, and a 3L JD Candidate at Osgoode Hall Law School.

A high-tech solarpunk utopia in the Amazon rainforest, a Pikachu fine dining with a view to the Eiffel Tower, a mecha robot in a favela in expressionist style – if you are struggling to visualize any of these descriptions, an AI art generator could most likely help you out. All of the prompts are suggestions by , an open-source AI art generator launched in 2022 by startup .

As its name suggests, AI-generated art refers to art generated with the help of artificial intelligence. I like to use AI art generators to help visualize environments, such as where I would rather be writing this blog as the weather gets chillier in Toronto.

An AI-generated image of the prompt “a laptop and bubble tea on a table under a parasol at a Hawaiian beach during sunset, photorealistic” by Stable Diffusion.

Aside from being a fun tool for curious users to play around with, AI art generators serve as a for visualizing concept art and automating repetitive tasks. Furthermore, in more recent years, AI art has enabled artists to explore previously uncharted territory. For example, Lynn Hershman Leeson’s “uses algorithms, performance, and projections to draw attention to the inherent biases in private systems like predictive policing, which are increasingly used by law enforcement”.

Understanding “Open-source” AI-Generated Art

Similar to previous models, Stable Diffusion is a text-to-image generator (similar to and ). It differs from these models in that it is open-source, meaning that its underlying code and model has been trained on publicly available data. The motive stems from Emad Monstaque’s (Founder of Stability AI) that we will only realize AI’s potential to solve humanity’s biggest challenges “if the technology is open and accessible to all”. Stable Diffusion’s open model equips anybody with a web browser to generate images (including violent and pornographic ones) according to their prompts, including for commercial use.

Why Visual Artists are Concerned

Open-source AI-generated art can be seen as a threat to commercial artists in practically every industry. In , Greg Rutkowski, a Polish digital artist, spoke about the difficulties that have come with his artwork’s popularity in the world of text-to-image AI generators. Known for his distinctive ethereal style, Rutkowski found his style becoming one of the most commonly used prompts in Stable Diffusion. Initially, the artist thought this was an effective way to gain publicity until he realized through some Google searches that his name was becoming associated with work that was not his.

Rutkowski is not alone - more artists are beginning to see their artworks gain popularity with similar models and have . Others have raised concerns about data protection and privacy due to their artwork being either personal or linked closely to an existing person. These concerns have consequently about the potential for artists to opt out of the data training process. However, some say this would be impossible as it would involve throwing out the whole model “built around nonconsensual data usage”. Moreover, with the source code out in public, some are under the impression that it will be like “putting toothpaste back in the tube”.

While some companies and artists have been optimistic in their beliefs that AI will ultimately benefit humanity and generate new ideas for their careers, other artists are finding it necessary to build a coalition to fight back with proper regulations and protect the future of their professions.

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Aaron Dishy is an IPilogue Writer and a 3L JD Candidate at Osgoode Hall Law School.

Identification with LGBTQ2IA+ communities is a social determinant for broad health inequities. These inequities can limited access to health care services and a corresponding lack of access to relevant health information. The Government of Ontario recognizes the collection and use of data from minority populations as a critical step in improving social, economic, political, and financial inequities. But this recognition raises questions about the scope and standards to be applied to the province’s legal obligation to collect data about the health of LGBTQ2IA+ communities.

There are many for the lack of LGBTQ2IA+ health information in Ontario. Community size, problematic surveys, concealment, and stigma all prevent the accurate representation of LGBTQ2IA+ communities and their needs. Sexual orientation and gender identity are also complex topics that are challenging to account for in survey and census style information collection. For example, other dimensions of sexual orientation, such as sexual behaviour and sexual attraction, are often unaddressed in the literature. Surveys also rarely allow for intersectional analyses by collecting data about the health of Indigenous or racialized gender and sexual minorities. Canadian scholars continuously for improved population-based surveys to include direct questions on sexual orientation and gender identity.

Even with the gaps in information, statues and case law extensively detail the government’s obligations to collect and provide equitable public health information to diverse subject communities. For example, the defines personal health information to include “information [that]... relates to the physical or mental health of the individual.” This Act seeks to provide individuals with a right of access to personal health information about themselves, subject to limited and specific exceptions. The requires government actors to ensure “health promotion, health protection and disease and injury prevention, including the prevention and control of cardiovascular disease, cancer, AIDS and other diseases.” It similarly requires the release of personal health information by the Chief Medical Officer of Health if there is “ to the health of persons anywhere in Ontario.”

Recent case law in Ontario courts affirms an ongoing commitment to the collection and availability of information as it relates to LGBTQ2IA+ communities in Canada. In , access to records of “personal health information” about individuals and their communities is considered a requirement to ensure self-determination and autonomy in healthcare decisions. The decisions in and affirmed a broad scope of the government’s obligation , permitting provincial actors to collect personal health information from medical and information institutions in their capacity as prescribed entities under the .

Despite the need for improvements, the government is still taking some action to collect and make accessible health information as it relates to LGBTQ2IA+ communities. Surveys the Canadian Community Health Survey (CCHS), Census of Canada and National Household Survey, and the Public Service Employee Survey collect and make accessible a growing body of public health information which details sexual orientation and gender identity. However, the evidence demonstrating a lack of information about the health of LGBTQ2IA+ communities and an affirmed legal obligation to make such information publicly and equitably available suggests a legal argument that more should be done.

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Emily Chow is an IPilogue Writer and a 1L JD Candidate at Osgoode Hall Law School.

This article is part of a series covering the 5th Annual IP Data & Research Conference, hosted by the Canadian Intellectual Property Office and the Centre for International Governance Innovation.

I attended the The panel broadly discussed how underrepresented groups navigate the IP and innovation space. I left the presentations with a better understanding of what various public service groups are doing to promote diversity, equity and inclusion (“DEI”) initiatives in their practices.

The first speaker was Peigi Wilson, research manager for the . Her presentation was titled “First Nations Data Sovereignty and the Intellectual Property Regime”. FNIGC’s mandate arose from trying to address the data gap caused by from three major national population surveys. Now, the FNIGC asserts data sovereignty and supports the development of information governance and management at the community level through regional and national partnerships.

After a brief overview of First Nations rights and sources, Wilson defined what First Nations Data is and how it is founded on the principles of . I thought it was quite powerful when she said that First Nations Data is “acquired from First Nations, by First Nations.” Some include data from resources and the environment,

With funding from Indigenous Services Canada, FNIGC is currently researching First Nations’ interests respecting orphan works and artists’ resale rights and developing possible solutions regarding opportunities to co-develop new laws or policies. Wilson emphasized that DEI initiatives are more than ensuring that First Nations have a seat at the table; it means that First Nations must have a role in the decision-making process as active participants in IP policy reform and innovation. She stressed the importance of recognizing Canada’s pluralistic foundations beyond the English/French history to include First Nations legal systems. She also called upon attendees to consider how they may shape new processes for consultation, free, prior, and informed consent, and co-development to address the economic inequality inherent in the system.

The next speakers were from the , a pilot non-profit organization whose mandate is to facilitate data-driven, clean-tech innovation amongst Canadian businesses. Lori DeGraw (vice president of partnerships and member engagement) and Julia Culpeper (program manager of education and strategy) jointly presented “Women and IP: Promoting Inclusion in the Innovation Ecosystem”. The IAC helps Canadian small-medium enterprises (“SMEs”) better understand, generate, commercialize, and protect their IP.

IAC presented the results of a on women’s underrepresentation in the Canadian IP ecosystem. Capturing qualitative data from their inaugural , the study re-emphasized the need to build capacity for women in the IP field, and, in doing so, create a framework to replicate with other equity-seeking groups. They are currently working on three programs to increase community and networking, outreach, and policy and advocacy for women.

One program aims to tackle the inequitable gender balance in patent filing by implementing a twice-annual grant for women to fund IP. $50k is available twice a year to IAC member companies led, founded, or owned by women. .

The last presentation was a partnership between the Canadian Intellectual Property Office (“”) and (“StatsCan”) on “The Awareness and Use of Intellectual Property by Underrepresented Groups in Canada: Insights from Survey and Administrative Data”. Speakers Danny Leung (director of Economic Analysis Division at StatsCan) and Eric Rowe (team leader of Service Insights at CIPO) highlighted results from two studies: the and the

The IPAU study found that 9% of female primary decision makers of businesses had IP that they chose not to formally protect, compared to their male counterparts at 5.4%. Another interesting statistic was that women clients were generally less satisfied with CIPO services overall (51%) than male clients (55%).

The two studies found that firms that file for patent applications are disproportionately more often owned by men. They also found that women-owned businesses are less likely to have their applications for funding granted (54.8%) as compared to their male counterparts (56.1%). More promisingly, however, patent applications by women-owned businesses grew by 133% from 2001 to 2015. Women-owned business were more likely to file patent applications in chemical engineering and medical technology than men-owned businesses. Further research on women’s experiences filing patents could be useful in understanding the trends in the data.

Overall, the presentations were a significant reminder that we still have so much more to do to level the playing field for women-owned and First Nations-owned businesses. However, with organizations like the IAC and FNIGC spearheading new programs and tools, one can be cautiously optimistic about the future of innovation in Canada.

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Shannon Flynn is a Guest Writer and the Managing Editor of Rehack Magazine

Although facial recognition may have begun as a useful tool for the masses, as with many things, it has become something that can be used against them. When paired with artificial intelligence, facial recognition software can sort through millions of photos to identify a single face or even a fragment of one.

The problem lies in the sourcing of these photos. Why is AI-driven facial recognition problematic, and what regulations and restrictions are in place in Canada to prevent its abuse?

The Problem With Clearview

Clearview is probably one of the best-known facial recognition programs in the world. Its AI is designed to detect and prevent crimes. By itself, this doesn’t sound like a bad thing. Ideally, AI programs can sort through many times the data a human worker could manage, finding collections and identifying people easily even with partial images to work with.

The problem does not lie in the algorithm itself, but rather in where it sources the images it sorts through. Clearview’s AI crawls the internet and can access, download, and store any image uploaded to social media. That means Clearview considers anything posted on Facebook, Twitter, Instagram, or other sites to be fair game. The company has also been accused of using to train the AI’s algorithm.

Many social media companies, including Google, Facebook, and Twitter, have of utilizing user images without authorization. It is important to note that this isn’t user authorization, but rather authorization of the social media program. Instagram’s terms of service include a to use anything individuals post on their site — but that doesn’t allow AI programs like Clearview to swoop in and take what they need.

Even under the best circumstances, allowing a program like Clearview to sort through social media imagery — even in public posts — could be considered a violation of privacy. The average user should not have to worry that corporations or government entities are watching everything they post online. Indeed, there is an in favor of stronger consumer protections where data gathering is concerned.

Regulations and Restrictions

In June 2021, the Office of the Privacy Commissioner of Canada (OPC) submitted a special report to Parliament about the Royal Canadian Mounted Police (RCMP) and their use of facial recognition technology. Again, Clearview AI was in the crosshairs for improper use of private user data scraped from various social media sites across the internet.

Billions of people, both in Canada and around the world, have suddenly found themselves in a “,” as the report states, without even the courtesy of due process.

As a result of this report, new policy guidelines have been drafted that clarify when and where the use of facial recognition technologies is appropriate. These guidelines focus on four key points: accuracy, data minimization, accountability, and transparency. Accuracy is one of the biggest concerns because AI-powered facial recognition technologies tend to be a lot less accurate than human detectives completing the same task. Law enforcement officials shouldn’t take any matches discovered by facial recognition at face value, and should always double-check the results before making an arrest or pursuing legal action.

Data minimization ensures large swaths of the population are not included in a search. It also helps reduce the impact of a data breach if one happens, which grows more common every year. Accountability is essential so everyone involved knows what data is being collected and how. This key component also includes information security.

Finally, transparency helps keep innocent people out of digital lineups simply for sharing a certain demographic with an assailant.

Looking Toward the Future

It may seem as if an individual’s information is fair game because it’s available on a public post, but this is not the case. Facial recognition technologies can be valuable for preventing and detecting crime, but only if those in power are not allowed to abuse it.

The new policy guidelines being embraced in Canada are just one piece of the puzzle. Every government that utilizes facial recognition should follow suit by embracing key tactics like accountability, transparency, accuracy, and data minimization to ensure the technologies are used properly.

The a fine line between tyranny and law enforcement should not be crossed, regardless of how easily one could click a button and find the “bad guy.”

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Photo by Jimmy Jin ()

Natalie Bravo is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School.

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In August, Apple made headlines by . These new features are purported to expand protections for children through modified communication tools, on-device algorithm learning within , , and , and Search . Although protecting children as a vulnerable group should be of utmost importance to all, many security experts find some of these proposed changes troubling as they may undermine the company’s longstanding reputation in privacy preservation and enable future security .

Over the years, Apple has cultivated a strong reputation as a One of their core values and s is that After all, their security and privacy designs are so powerful that Apple allegedly can’t access encrypted user data—. In 2015, Apple CEO Tim Cook that while issues such as national security are important, Apple would not implement any technology which malicious actors could misuse as a backdoor to encrypted user data. Now, in 2021, Apple’s ironclad encrypted system has one exception.

As one of the changes, Apple intends to introduce photo-scanning technology for all users to identify any Child Sexual Abuse Material (CSAM). This well-intentioned technology is already widely used online to identify known explicit materials, including terrorist propaganda and other violent content. Some consumers worry that all their private images will be scanned in search of illegal content; however, Apple is not proposing that. The technology scans for the “” of a file and matches it to a known hash. If a certain threshold of known CSAM is found, barring false positives, then law enforcement is contacted. Strangely enough, Apple has noted that users can opt to disable photo uploads to iCloud, expressing that CSAM is only identified within their servers, and not on users’ devices. Some experts interpret this as

Some security experts expressed strong s over modified communication tools for children. Apple alleges that device software will detect any explicit content (not hashes) within a minor’s Messages conversations—a feature that can be turned on or off by a guardian. This will alert a parent if their minor has received any image that is flagged as explicit. This seems appropriate to allow some supervision to protect vulnerable children from online predators; however, the algorithms currently used to detect explicit images are . It is widely known that benevolent, non-sexual content, particularly , is consistently To add to this, child advocates worry about the possibility of minors in abusive households being monitored by such a faulty and algorithm.

Though is not a new concept, these changes will suddenly affect billions of consumers. It’s been reported that when a child, like any other user, experiences negative behaviour online, they . However, there is currently no way to report messages within Apple’s Messages application. . After causing a tremendous stir in both the privacy and child advocacy communities, Apple that Messages scanning would only apply to those under 13, not teenagers, and have attempted to offer limited clarity on the new technologies.

Despite the changes, . Children need to be protected and prioritized in terms of technology experience, but their privacy matters too. It will be interesting to see the roll-out of Apple’s polarizing changes, particularly how they will affect Apple’s reputation and ecosystem security and if Apple will introduce any more changes moving forward as it responds to community concerns.

The post Privacy Plight: Apple’s Proposed Changes & Consumer Pushback appeared first on IPOsgoode.

Photos from and , created on .

Shawn Dhue is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School.

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In anticipation of Canada’s federal election on September 20, 2021, it is relevant to research the federal parties’ platforms as they relate to intellectual property (IP), innovation, and technology. In this post, I will look at the of the Liberal Party of Canada (“Liberal Party”) and the Green Party of Canada (“Green Party”). Make sure to check out my colleague ’s post investigating .

ĚýThe Liberal Party of Canada’s 2021 Federal Election Platform

Three main points involving technology and intellectual property stick out in the Liberal Party’s platform for the upcoming election:

1.Prime Minister Justin Trudeau has yet to confirm if he supports the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Waiver.

As push to support and request that wealthier countries relax their IP protection laws to ensure the COVID-19 vaccine is shared globally, Prime Minister Justin Trudeau has yet to comment. In May 2021, Trudeau said that he supports sharing vaccines globally and that he . However, this was the last time Trudeau spoke publicly about the matter, and he has yet to acknowledge it while campaigning. Three days after his comment, published a to the Prime Minister, urging him to support the waiver and help countries like India and South Africa combat their COVID-19 outbreaks.

2. The Liberal Party plans to create , an initiative “to help innovators access expert intellectual property services, with $90 million over two years, and another $75 million over three years for a similar Industrial Research Assistance Program for high-growth firms.”

The Liberal Party sees this investment as supporting small businesses, innovators, tech start-ups, and more. The Liberal Party acknowledges the value of IP and states that they would love to see the economy use the IP community for growth opportunities. As such, they plan to support ElevateIP with a Strategic Intellectual Property Program Review, which will assess this initiative and help programming from the start of research to near-commercial projects. This initiative is said to ensure Canadians reap the benefits from the IP and tech industry. ĚýĚýĚýĚýĚýĚýĚýĚýĚýĚý

3. The Liberal Party plans to renew the .

In 2017, the Canadian government for the world’s first nationwide Artificial Intelligence (AI) strategy. The strategy aims to foster a more collaborative AI environment by attracting AI researchers to the country. Additionally, the Liberal Party hopes to advance national initiatives in the AI community to help society better understand the implications of AI. Renewing this strategy would bring Canada to the forefront of the global AI community.

The Liberal Party’s platform includes a few more noteworthy points. The Liberal Party hopes to provide to support small business technology needs and connect those small businesses with younger people looking for tech careers over four years. The platform also speaks to helping large-scale energy technology projects by providing them with $1 billion over five years. Lastly, the Liberal Party plans to create the Centre for Innovation and Clean Energy in British Columbia during their next term, with an estimated cost of $35 million.

The Green Party of Canada’s 2021 Federal Election Platform

The Green Party has yet to release a full election platform. Leader Annamie Paul says that circumstances are different this election and anyone who wants to see the Green Party’s platform can “.” For the party known to be environment-focused, Paul states that not much has changed since the 2019 election. Paul reiterated this when British Columbia’s heatwave claimed multiple lives earlier this summer.Ěý

With this, three noteworthy points emerge from the Green Party’s platform as they relate to IP, innovation, and energy:

1.The Green Party plans to in First Nations communities, aligned with the .

This point intersects with several issues, including economy and affordability, Indigenous affairs, and energy. The Green Party hopes to partner with Indigenous communities to revamp the east-west electricity grid to transmit renewable energy from one region to another. This will create renewable energy for First Nations communities at a lower cost than building a new grid in areas without access to these energy sources.

2. The Green Party plans to invest in comprehensive training programs to repurpose the skills of industrial trades workers for jobs in the renewable energy sector.

The Green Party hopes that this plan will provide skilled workers in Canada with secure employment opportunities.

3. The Green Party hopes to implement an energy efficiency retrofit program for all buildings.

“Energy efficiency retrofitting” upgrades a building’s energy-consuming system. Retrofitting could involve improving light fixtures, windows, doors, ventilation, or insulation to make Ěýbuildings more energy and economically efficient. The Green Party hopes to create a program to make sure buildings around Canada can help fight the climate crisis.

The Green Party still has time to release a new, expanded platform within the coming weeks.

The post The Parties’ Plans for IP: Liberal Party & Green Party appeared first on IPOsgoode.

Screenshots from and .

Claire Wortsman is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School.

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As the election nears, my colleague Shawn Dhue and I are looking at the major parties’ plans for Canada in IP-related areas. This article will cover the platforms of Erin O’Toole and the Conservative Party of Canada as well as Jagmeet Singh and the New Democratic Party. For information on the Liberals and Green Party, check out Shawn’s article. Below are select pieces of and that address the CPC and NDP’s plans for Canadian IP and related areas respectively.

COVID-Related Trade Policy

• Reinstate the tariff on imported PPE.
• Support the Trade-Related Aspect of Intellectual Property Rights Waiver (TRIPS) to waive IP rights for COVID vaccines and ensure technology transfer between nations.

Media Policy Ěý

• Introduce a digital media royalty framework to ensure platforms like Google and Facebook compensate Canadian media outlets for the sharing of their content. This will include a robust arbitration process and the creation of IP right for article extracts shared on social media platforms.ĚýĚý
• Make sure that Netflix, Facebook, Google, and other digital media companies play by the same rules as Canadian broadcasters.

Privacy Policy

• Pass strong legislation to protect privacy more effectively.
• Work to strengthen privacy protections for Canadians by updating privacy legislation to include a digital bill of privacy rights and boost the powers of the Privacy Commissioner to make and enforce orders, as well as levy fines and penalties.

Data Policy

• Create a technology task force within the Competition Bureau to examine whether dominance and anti-competitive behaviour of big tech is damaging to Canadian industries.
• Examine how algorithms and data give big tech an advantage over Canadian businesses, as well as how fintech and new technologies could foster competition.
• Prioritize the collection of race-based data on health, employment, policing and more with the goal of improving outcomes for racialized communities.

Innovation Policy

• Launch a review of innovation programs at Innovation, Science and Economic Development Canada and across the government and, among other things, implement requirements:
  • All recipients demonstrate that IP, production, ownership, and profits are likely to stay in Canada; and
  • All IP developed with the support of the Canadian government is held by a Canadian entity and that recipients agree to pay back the subsidy if they sell the IP to a foreign buyer.
• Invest $5 billion over the next 5 years to fund programs in: Use of hydrogen; Small Modular Reactors; Private sector innovation in the space sector; Electric vehicle development and manufacturing, including electric trucks, micro-mobility, batteries, and parts manufacturers; and pharmaceutical research and production.
• Restore the Automotive Innovation Fund and make contributions to automakers tax-free.

Jobs/Labour Policy

• Pay up to 50% of the salary of new hires for 6 months following the end of the Canada Emergency Wage Subsidy
• Invest in forestry innovation and support value-added Canadian wood products – and the good jobs that go with them.
• Support more options for women to build careers in the trades and other non-traditional fields like agriculture, innovation, research, and STEM.
• Support paid sick leave and prescription drug coverage.

Environmental Policy

• Implementing an affordable carbon price: Starting at $20/tonne and increasing to $50/tonne but no further.
• Work with the provinces to implement a national Personal Law Carbon Savings Account that consumers can pay into each time they buy hydrocarbon-based fuel. They can then put this money towards things that help them live a greener life (e.g., buying a transit pass or bicycle).
• Make Canada an innovation leader on methane reduction in areas such as:
  • Real-time monitoring for a leakage detection;
  • Ensuring that provincial methane regulations are genuinely equivalent with the federal regulations; and
  • Increasing the ambition of those targets in the 2025-30 period.
• Create a National Crisis Strategy to help communities reduce and respond to climate risks, as well as a new Climate Corps of young workers to respond to climate impacts and build an equitable clean-energy economy.

Foreign Policy

• Protect Canadian IP with a strengthened that includes, among other things:
  • A presumption against allowing the takeover of Canadian companies by China’s designated state-owned entities; and
  • A reformed “net benefits” test to better account for the potential effects of a transaction on the broader innovation ecosystem with a particular focus on protecting IP and human capital.
• Revoke visas of Chinese nationals identified by national security agencies as conducting espionage or stealing IP.
• Adopt measures to stabilize the Canadian steel market and protect the sector from predatory practices of foreign producers who are shut out of other markets.

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On April 3, 2021, Business InsiderĚýĚýthat information relating to over 530 million Facebook accounts had been made publicly available online. It isĚýĚýthat 3.49 million accounts belong to Canadians and the leaked data included names, locations, birthdates, email addresses, and other identifying information.Ěý

In response, Facebook issued aĚýĚýthat stated that the information was not leaked through a recent hack, but was the resurgence of data that was taken from the platform in 2019. Facebook claimed that the information was obtained via data scraping, where automated software is used to obtain public information from the internet and distribute it to online forums. The company believes that malicious actors took advantage of the vulnerability in Facebook’s contact importer feature, which is designed to help users easily find and connect with friends through their contact lists. Through exploiting the feature, the malicious actors were able to obtain information from users’ public profiles. Facebook has assured the public that the malicious actors had limited access to users’ information and the leaked data did not include financial information, health information, or passwords.

The news release also stated that Facebook made changes to its contact importer feature in 2019 to address the issue. More specifically, it modified the feature to prevent malicious actors from imitating the Facebook app and uploading a large set of phone numbers to find matching Facebook users. Facebook stated that it will work to get the data set taken down and that it will continue to combat the misuse of its platform’s features.

Written by M. Imtiaz Karamat, Osgoode Alumnus and Student-at-Law at Deeth Williams Wall LLP.

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, the Deputy Minister for Innovation, Science and Economic Development Canada (ISED), kicked off the event with opening remarks. He emphasized the importance of bringing together IP members from academia, the private sector, and the public sector to foster an inclusive IP community, inspire innovative thinking, and work together to improve Canada’s intangible economy. Kennedy noted that events like this would help develop a more durable IP structure for Canada’s national and international interests.

Kennedy concluded by emphasizing the importance of developing IP knowledge and structures within the growing digitized economy. By expanding Canada’s IP infrastructure, our institutions would be better equipped to utilize data strategies for evidence-based decision-making in a variety of spheres, including economic policies, business initiatives, and national security programs.

Following Kennedy’s introductory remarks, , Founder of CIGI, gave a keynote speech. Balsillie offered a very critical analysis of the current state of Canada’s intangible economy. He argued that Canada is currently playing “catch up” after failing to invest in IP assets and structures. By missing the international shift from traditional to intangible markets, Canada is now economically and politically vulnerable, especially as a dependent importer of IP assets.

Canada is the only country that saw a decrease in patent applications relating to Artificial Intelligence between 2016 – 2018. Canada also saw a decline in research partnerships between Canadian institutions and foreign entities over the same period. Balsillie argues that these trends are not only detrimental to the Canada’s security and sovereignty, but also indicate clear shortcomings in the Canadian IP framework.

In his presentation, Balsillie emphasized Canada’s need to establishing a better framework and policy guidelines to protect IP and data in Canada. He argued that there is a clear lack of IP knowledge among businesses and the Government, which has led to the spread of misinformation and the development of ineffective IP frameworks. Balsillie bluntly states that real IP experts are needed in positions of power to update Canada’s policy infrastructure and institutions to better match the flexible, dynamic needs of the intangible economy.

IP and data are now the most valuable business, national, and international assets. They not only shape the economy, and public and private sphere, but are also the primary drivers in economic grown and national security. Furthermore, intangible stock assets in IP tie together policy considerations such as foreign investment, domestic economic development, and national security. In other words, intangible assets such as IP and data act as the new foundation of international political-economic status and stability. The world now lives in an era of intangibles, and this conference is one of many IP initiatives telling us that Canada’s digital transformation is overdue.

Adele Zhang is an IPilogue Contributing Editor interested in the intersection between IP law and sports, and technology.

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