Competition Bureau Finalizes IP Enforcement Guidelines

On March 13, 2019, the Competition Bureau (the Bureau) published a final version of its revised Intellectual Property Enforcement Guidelines (IPEGs). The updates largely reflect changes to Canada’s regulations governing early generic pharmaceutical entry and recent jurisprudence, as previously reported in E-TIPS® Newsletter here.

The Bureau acts as an independent law enforcement agency.  The agency investigates anti-competitive practices and promotes compliance with the laws under its jurisdiction such as the Competition Act (Act). The Intellectual Property Enforcement Guidelines (IPEGs) describe how the Bureau approaches its enforcement role with respect to the interface between competition policy and Intellectual Property (IP) rights.  Specifically the IPEGs articulate how the Bureau determines whether conduct involving IP raises an issue under the Act and the circumstances under which the Bureau will exercise its powers. According to the Bureau, the updates to the IPEGs are modest and will not substantially change the Bureau’s approach in enforcing the Act with respect to matters involving intellectual property.

The final version of the IPEGs is nearly identical to the November 1, 2018 draft.  The changes are minor and consist of the inclusion of a couple references relating to settlements of proceedings under the Patented Medicines Notice of Compliance (PMNOC) Regulations. 

For more information please refer to the IPEGs or contact us.

Summary By: Jae Morris