Competition Bureau seeks input on its updated Intellectual Property Enforcement Guidelines

June 9, 2015 — OTTAWA, ON — Competition Bureau

The Competition Bureau has released an updated draft version of its Intellectual Property Enforcement Guidelines (IPEGs) for public comment.

On September 18, 2014, the Bureau released a preliminary version of its updated IPEGs to inform stakeholders and other interested parties of its enforcement approach to business conduct involving intellectual property. Subsequently, on September 23, 2014, the Bureau released a related white paper to describe its preliminary views as to how Canadian competition law could be applied to potentially anti‑competitive patent litigation settlement agreements in Canada.

The updated IPEGs sought to reflect the 2009 amendments to the Competition Act, including the changes to the criminal conspiracy provisions and the introduction of the competitor collaboration provision. The update also reflected recent Bureau enforcement experience involving product-switching conduct in the pharmaceutical industry and ensured that the IPEGs were consistent with other Bureau guidelines that had been released since the 2009 amendments.

At that time, the Bureau committed to seeking additional public comment with the objective of releasing a further updated version of the IPEGs, which would take into account recent developments related to competition policy and intellectual property law. Once finalized, the IPEGs will describe the Bureau’s enforcement position with respect to issues such as:

  • patent litigation settlement agreements;
  • the conduct of companies that own standard essential patents; and
  • the activities of patent assertion entities.

The issuance of this draft update supports the Bureau’s Action Plan on Transparency, which aims to promote the development of a more cost-effective, efficient and responsive agency, while providing Canadians with more opportunities to learn about the Bureau’s work.

Interested parties are invited to provide their views on the draft updated IPEGs. All comments should be provided by email, fax, or regular mail no later than August 10, 2015, to:

Advocacy and Economic Analysis Directorate
Competition Bureau
50 Victoria Street
Gatineau, Quebec
K1A 0C9
Fax: 819-953-2931
E-mail: consultation.pi/ip.consultation@canada.ca

Responses will be posted on the Bureau’s website, unless it is specifically requested that they be kept confidential.

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