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ARTICLE · 09 OCTOBER 2014

Canada’s Competition Bureau Releases Updated IP Enforcement Guidelines And White Paper On Patent Litigation Settlement Agreements

Norton Rose Fulbright Canada LLP
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The Competition Bureau made several significant announcements in September that affect the pharmaceuticals and life sciences sectors.

CanadaAntitrust/Competition Law
Kevin Ackhurst
Kevin Ackhurst
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The Competition Bureau made several significant announcements in September that affect the pharmaceuticals and life sciences sectors.

On September 18, 2014, the Bureau released the final version of its updated Intellectual Property Enforcement Guidelines (IPEGs), which set out the bureau's approach to navigating the intersection of competition law and intellectual property. Of perhaps greater import, the following week the bureau released a white paper, Patent Litigation Settlement Agreements: A Canadian Perspective, which provides the bureau's first in-depth statement on how it may analyze so-called "pay for delay" settlements under the Competition Act (Act).

IPEGs

As noted in our April 2014 Pharma in brief, the bureau's IPEGs revisions are intended to occur in two phases. The first phase, now complete with the publication of the September 2014 version, involved public consultations on a draft update released in April. This version does not represent a

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