The Competition Bureau has released a draft version of its Intellectual Property Enforcement Guidelines that outlines how the Competition Bureau intends to approach the interface between competition and IP law.
There are two broad categories in which the Competition Bureau will determine whether conduct involving IP raises an issue under the Competition Act. The first pertains to agreements or arrangements between independent entities that hinder the competitiveness of the marketplace. The second pertains to situations where a dominant entity exercises its IP rights in a manner that prevents others from competing in the marketplace. The latter is only applicable in certain circumstances, because merely exercising IP rights rarely constitutes anti-competitive behaviour.
For further information, please contact our office.
Katie Wei and Alexandra Lyn