Canada’s Intellectual Property Firm

Competition Bureau publishes final updated Intellectual Property Enforcement Guidelines

On March 13, 2019, the Competition Bureau (“Bureau”) published the final version of its updated Intellectual Property Enforcement Guidelines (IPEGs). The previous version of the IPEGs was released in April 2016 (our previous commentary is found here and here). As noted by the Bureau when it launched its consultation on the draft updated IPEGs “[t]he updates are modest and will not substantially change the Bureau’s approach in enforcing the Competition Act with respect to matters involving intellectual property.” Indeed, the majority of the changes to the IPEGs reflect the 2017 amendments to the Patented Medicines (Notice of Compliance) Regulations, and in particular the termination of dual litigation.