On March 31st, the Competition Bureau of Canada published guidelines on the intricate dance of the various Acts governing intellectual property and unfair competition. It is not a bad read at all, as it provides succinct definitions of intellectual property types (which I will no doubt use for inspiration when explaining things to my clients – they are that good), as well as 9 examples of unfair practices in which the Competition Bureau would be called to intervene.
Some of the examples are:
- Price fixing
- Exclusive Contracts
- A Patent Pooling Arrangement
- Refusal to License Intellectual Property
- Representations Made in the Context of Asserting Patents
- Reneging on a Licensing Commitment
- Seeking an Injunction after Making a Licensing Commitment
Enjoy the read. As always, the proof is in the pudding, or more accurately, in the implementation of these new Guidelines.