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.

Start by selecting your Topic of interest below. Then choose your Regions and finally refine the exact Subjects you are seeking clarity on to view detailed analysis provided by our carefully selected internationally recognised experts.

4. Results: Answers
Are there any limits on patent protection due to antitrust laws?

Answer ... 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