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ARTICLE · 11 JUNE 2015

Canadian Competition Bureau Releases New Draft IP Enforcement Guidelines For Comment

Blake, Cassels & Graydon LLP
Blake, Cassels & Graydon LLP
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On June 9, 2015, the Canadian Competition Bureau (Bureau) released its draft Intellectual Property Enforcement Guidelines (Guidelines) for public comment.

CanadaAntitrust/Competition Law

HIGHLIGHTS

The Competition Bureau's new draft Intellectual Property Enforcement Guidelines:

  • Recognize that IP and competition laws are complementary
  • Provide that "in the vast majority of cases" the Bureau will review settlements of pharmaceutical patent litigation as a civil matter, not as a criminal matter
  • Give insight into how the Bureau intends to apply Canadian abuse of dominance rules to conduct involving standard essential patents (SEPs)
  • Are subject to a public consultation period; interested parties are to submit comments on the draft IP Enforcement Guidelines by August 10, 2015

On June 9, 2015, the Canadian Competition Bureau (Bureau) released its draft Intellectual Property Enforcement Guidelines (Guidelines) for public comment. The Guidelines set out how the Bureau will assess conduct concerning IP under the Competition Act (Act). The Guidelines are the Bureau's first major revision to its substantive enforcement policies

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