Together with Industry Canada and the Canadian Intellectual Property Office, the Canadian Competition Bureau has commissioned a review paper of several major issues arising at the interface between competition law and intellectual property law. This project will include a top level symposium early in 2007.
The issues identified by the Commissioner are of significance to a variety of industries that heavily invest in innovation. The issues under review include:
Authorized generic drugs – the extent to which brand-name pharmaceutical companies have launched authorized generics, and the impact this may have had on the entry of other generics.
Collective management of copyright –does the current system of copyright collectives minimize transaction costs and encourage new works?
Official marks – the impact of the current system on competition, and whether competition principles can improve the system.
IP rights extension – the ways in which firms have attempted to extend their IP rights.
Compulsory licensing – do the current statutory provisions meet their legislative intent? What alternatives are available?
Tying – when can bundling practices extend IP protection and block innovation?
International context – a comparison of Canada’s patent regime with its international obligations, and consideration of whether the current regime could be improved.
Innovation is obviously a very important part of the economy. IP rights and competition principles can often be difficult to reconcile. The Commissioner’s interest in developing a better understanding of these issues can only be viewed as positive. However, there is much room for debate on most if not all of the above issues and interested parties – particularly innovation-based businesses – will want to follow this closely.
The content of this article is intended to provide a general guide
to the subject matter. Specialist advice should be sought about your
To print this article, all you need is to be registered on Mondaq.com.
Click to Login as an existing user or Register so you can print this article.
A recent Saskatchewan Court of Queen's Bench decision allowed a court-appointed receiver to sell and transfer intellectual property rights free and clear of encumbrances, finding that a license to use improvements of an invention was a contractual interest and not a property interest.
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).