The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
Competition Bureau To Investigate Issues At Interface Of Competition Law And Intellectual Property
Stikeman Elliott LLP
Contributor
Stikeman Elliott is a global leader in Canadian business law and the first call for businesses working in and with Canada. We provide clients with the highest quality counsel, strategic advice, and creative solutions. Stikeman Elliott consistently ranks as a top law firm in our primary practice areas. www.stikeman.com
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.
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.