Comparative Guides

Welcome to Mondaq Comparative Guides - your comparative global Q&A guide.

Our Comparative Guides provide an overview of some of the key points of law and practice and allow you to compare regulatory environments and laws across multiple jurisdictions.

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4. Results: Answers
Patents
11.
Antitrust
11.1
Are there any limits on patent protection due to antitrust laws?
Canada

Answer ... The Competition Bureau generally considers patent licensing as pro-competitive because patent licensing facilitates the broader use of valuable patent rights by additional parties. However, if the terms of a licence serve to create, enhance or maintain the market power of either the licensor or the licensee, antitrust issues may arise and competition law counsel should be consulted. For more information, see the Intellectual Property Enforcement Guidelines published by the Competition Bureau: www.competitionbureau.gc.ca/eic/site/cb-bc.nsf/eng/04401.html.

For more information about this answer please contact: Gavin N. Manning from Oyen Wiggs Green & Mutala LLP
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Patents