On March 31st, the Canadian Competition Bureau released new Intellectual Property Enforcement Guidelines (IPEGs). These guidelines directed to explain the Bureau’s approach to enforcing competition law with respect to intellectual property, particularly patents.
Patents are an exclusionary right; the owner has the right to exclude others from practicing the claimed invention (see Section 42 of the Patent Act) as an incentive for innovation and new technology. This exclusivity can, in some circumstances, run counter to the goals of competition law to maintain vigorous rivalry among firms. The courts have looked to “something more” than merely exercising or . . . [more]