In the second phase of a planned two-phase revision process, the Canadian Competition Bureau released its draft Intellectual Property Enforcement Guidelines (“Draft IPEGs”) for comment by the legal and business communities on June 9, 2015. The Draft IPEGs are the first major revision to the Bureau’s 2000 Intellectual Property Enforcement Guidelines and follow the Bureau’s more modest September 2014 revision that updated the 2000 guidelines chiefly to reflect changes in the Competition Act since 2000.
Going beyond the 2014 update, the Draft IPEGs are a thorough-going update to the Bureau’s analytical framework concerning intellectual property issues in light of the last decade and a half of developments, with particular emphasis on issues of reverse payments in patented medicines disputes, product-switching, patent assertion entities, and standard-essential patents.
Mark Opashinov, Peter E.J. Wells, C.S., Elisa Henry & James B. Musgrove –Â McMillan LLP –Â July 3 2015.
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