Intellectual Property – When does Competition Bureau Step In? (Canada)

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.

Intellectual Property Enforcement Guidelines

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.