Photo of Brian Chau (CA)

This post is directed to entrepreneurs and developers who are building platforms incorporating features of social media networks, or building their own social media technologies, regarding design protection requirements in Canada. Several practice notices have been issued very recently by the Canadian Industrial Design Office, providing guidance on designs including colour and animated graphical user interfaces (GUIs), among others.

How safe is information is hidden behind an individual’s privacy settings? Can I assume that my interest in privacy ensures that anything marked “private,” or “shared only with my friends” remains so, even in the face of a production order in Canada?

Liability for third-party defamatory comments on one’s personal account, whether on Facebook or another internet-based platform, is an emerging legal issue in Canadian law.

If a social media “friend” posts defamatory statements about another person on your profile, or other site, can you be personally liable to the defamed person? Do you have any obligation to actively monitor your social media existence in the face of such statements?  Are you liable for third party statements that you may not even be aware of? 

Social media channels represent an exciting medium to reach out to the public and potential collaborators. Social media can also play an important role in helping generate positive buzz for organizations seeking to develop a market for their products or