On March 31, 2016, the Competition Bureau (“Bureau”) released a final updated version of its Intellectual Property Enforcement Guidelines (“IPEGs”) following an extensive public consultation process held in 2015. As we reported on April 9, 2014 and June 18, 2015 during the consultation process, stakeholders were invited to provide their views on the Bureau’s earlier draft versions of the IPEGs released in April 2014, September 2014 and June 2015.
The IPEGs describe the Bureau’s approach to conducting investigations of alleged anti-competitive activities that relate to intellectual property. The primary revisions to the guidelines (which represent the Bureau’s first major update since the IPEGs original release in 2000) include clarification on the Bureau’s position on patent settlements, product switching, the conduct of patent assertion entities and conduct involving standard essential patent owners.
A more in-depth review of the new IPEGs will follow in the coming weeks. In the interim, for further information, please contact a member of our firm’s IP Management & Strategic Counselling group.
The preceding is intended as a timely update on Canadian intellectual property and technology law. The content is informational only and does not constitute legal or professional advice. To obtain such advice, please communicate with our offices directly.