ARTICLE
15 April 2019

Competition Bureau Publishes Final Updated Intellectual Property Enforcement Guidelines

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Smart & Biggar

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Smart & Biggar uncovers and maximizes intellectual property and technology assets for our clients. Today’s fast-paced innovation economy demands a higher level of expertise and attention to detail when it comes to IP strategy and protection. With over 125 lawyers, patent agents and trademark agents collaborating across five Canadian offices, Smart & Biggar is trusted by the world’s leading innovators to find value in their IP rights. As market leaders in IP, Smart & Biggar’s team is on the pulse when it comes to the latest developments and the wider industry changes that impact our clients. To stay informed, visit smartbiggar.ca/insights, including access to our RxIP Update (smartbiggar.ca/insights/rx-ip-updates), a monthly digest of the latest decisions and law surrounding the life sciences and pharmaceutical industries.
On March 13, 2019, the Competition Bureau ("Bureau") published the final version of its updated Intellectual Property Enforcement Guidelines (IPEGs).
Canada Food, Drugs, Healthcare, Life Sciences
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On March 13, 2019, the Competition Bureau ("Bureau") published the final version of its updated Intellectual Property Enforcement Guidelines (IPEGs). The previous version of the IPEGs was released in April 2016 (our previous commentary is found here and here). As noted by the Bureau when it launched its consultation on the draft updated IPEGs "[t]he updates are modest and will not substantially change the Bureau's approach in enforcing the Competition Act with respect to matters involving intellectual property." Indeed, the majority of the changes to the IPEGs reflect the 2017 amendments to the Patented Medicines (Notice of Compliance) Regulations, and in particular the termination of dual litigation.

The preceding is intended as a timely update on Canadian intellectual property and technology law. The content is informational only and does not constitute legal or professional advice. To obtain such advice, please communicate with our offices directly.

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