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David Rosner, Oct 14, 2015
In 2014, the Canadian Competition Bureau embarked on a multi-phase process to update its Intellectual Property Enforcement Guidelines. The update was needed to reflect legislative and policy developments that had occurred since the IPEGs were first issued in 2000.
The IPEGs are important because they are the only meaningful Canadian guidance available to patent holders and users about how the Competition Act applies to the exercise of intellectual property rights; this is particularly true in the area of standard-essential patents, which have never been the subject of an antitrust decision from a Canadian court.
This article briefly summarizes the updated IPEGs, with an emphasis on (i) how the IPEGs create policy for the application of the Competition Act in the area of SEPs, and (ii) how the IPEGs may differ from the established law and policy in the United States and European Union regarding the application of competition law in the area of SEPs.