On March 31, 2016, the Competition Bureau (Bureau) released further updated Intellectual Property Enforcement Guidelines (IPEGs) (Announcement) following an extensive public consultation process held in 2015. The updated IPEGs provide clarification on the Bureau’s approach to conducting investigations of alleged anti-competitive activities that relate to intellectual property. The main revisions include clarification of the Bureau’s position on patent settlements and product switching, both affecting the pharmaceutical industry. The updated IPEGs also address the conduct of patent assertion entities and conduct involving standard essential patent owners.
The E-TIPS® newsletter previously reported on an earlier version of the IPEGs here.