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ARTICLE · 25 APRIL 2016

Competition Bureau Releases Guidelines In Respect Of Settlements Under The PM(NOC) Regulations

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On March 31, 2016, the Competition Bureau released its updated Intellectual Property Enforcement Guidelines (the "IPEGs"). The updated IPEGs replace the version dated September 18, 2014.

CanadaIntellectual Property
Gowlings TV
Gowlings TV
Francois Baril
Francois Baril
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On March 31, 2016, the Competition Bureau released its updated Intellectual Property Enforcement Guidelines (the "IPEGs").  The updated IPEGs replace the version dated September 18, 2014.  Only Part 7 of the IPEGs ("Application of Competition Law to IP") has been substantively changed. Of particular interest to the pharmaceutical industry are the sections of the IPEGs related to the application of competition law to settlement agreements under the Patented Medicines (Notice of Compliance) Regulations ("PM(NOC) Regulations") and to "soft" product switches. In a separate article, we address the Bureau's views with respect to the conduct of patent assertion entities ("PAEs") and conduct concerning standard essential patents ("SEPs").

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