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ARTICLE · 23 APRIL 2019

Intellectual Property Enforcement Guidelines: Settlements Of Proceedings Under The PM(NOC) Regulations

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The Competition Bureau (the "Bureau") is an independent law enforcement agency, that ensures Canadian businesses and consumers operate in a competitive ...

CanadaIntellectual Property
Marc Richard
Marc Richard
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The Competition Bureau (the "Bureau") is an independent law enforcement agency, that ensures Canadian businesses and consumers operate in a competitive and innovative market place. On March 13, 2019 the Bureau introduced its new Intellectual Property Enforcement Guidelines   ("IPEGs"). The IPEGs seek to increase transparency regarding the Bureau's application of the Competition Act as it relates to the assertion of IP rights.

Section 7.3 of the IPEGs addresses competition concerns from settlements between brand and generic parties in relation to litigation under Patented Medicines (Notice of Compliance) Regulations (the "PM(NOC) Regulations"). In particular, section 7.3 addresses the application of sections 90.1, 79 and 45 of the Competition Act to such settlements. 

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