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ARTICLE · 18 JUNE 2015

Canada Receives Updated Guidance From The Competition Bureau On Patent Litigation Settlements

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The Competition Bureau has released updated Intellectual Property Enforcement Guidelines (IPEGs), as well as a white paper on patent litigation settlement agreements.

CanadaAntitrust/Competition Law
Adrian J. Howard
Adrian J. Howard
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The Competition Bureau has released updated Intellectual Property Enforcement Guidelines (IPEGs), as well as a white paper on patent litigation settlement agreements.

A. New Intellectual Property Enforcement Guidelines (IPEGs) for Canada

In last year's Life Signs Legal Trends we reported on how Canada's Competition Bureau was updating their Intellectual Property Enforcement Guidelines (IPEGs) for the first time since 2000.1A draft was released on April 2, 2014, and on September 18, 2014 the final version was released.2

Interested parties were asked to comment on the draft IPEGs, and to indicate if there were other competition/IP issues that they believe the Bureau should address. As a result of the submissions, there were "clarifications on the circumstances when the non-use of an IP right could create a competition issue and the Bureau's enforcement approach to patent pooling arrangements, a particular type of business agreement among firms."

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