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ARTICLE · 22 APRIL 2016

PAEs And SEPs: When Is Patent Enforcement Anti-Competitive?

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As we reported previously, the Canadian Competition Bureau ("Bureau") held a consultation process in 2015 where interested parties were invited to make submissions on draft Intellectual Property Enforcement Guidelines ("IPEGs").

CanadaIntellectual Property
Francois Baril
Francois Baril
Michael Crichton
Michael Crichton
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As we reported previously, the Canadian Competition Bureau ("Bureau") held a consultation process in 2015 where interested parties were invited to make submissions on draft Intellectual Property Enforcement Guidelines ("IPEGs").  The draft IPEGs addressed how the Bureau may approach, among other things, the conduct of patent assertion entities (PAEs) and conduct concerning standard essential patents (SEPs). 

As a result of the consultation process, the Bureau has updated and finalized the IPEGs, which clarify some of the views outlined in the draft IPEGs.  The Bureau has indicated that it will review the IPEGs annually and will revise them as needed in light of experience, changing circumstances and decisions of the Competition Tribunal and the courts. 

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