Comparative Guides
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Results: 4 Answers
Patents
11.
Antitrust
11.1
Are there any limits on patent protection due to antitrust laws?
 
Canada
Yes. For example, antitrust laws may be invoked in the case of some patent infringement settlements. As a general rule, where a patent infringement claim is legitimate and well founded, antitrust laws will respect the process for resolving the claim, including the settlement of such claim. If, however, an infringement claim is a sham that is designed to stop another entity from engaging in competition, or if the settlement terms go beyond the scope of the patent in duration or scope, then the patentee may be held to have engaged in anti-competitive behaviour contrary to the Competition Act.

For more information about this answer please contact: Anthony Prenol from Blake, Cassels & Graydon LLP