Federal Court Of Appeal Confirms IP Rights Not Categorically Immune From
Competition Act Scrutiny
Date:
March 1 2006
The Federal Court of Appeal's recent decision provides some needed judicial guidance on the interface between intellectual property and competition laws in Canada. The Court concluded that the assignment of a patent (which is expressly permitted by section 50(1) of the Patent Act[1] may, as a matter of law, constitute an agreement to unduly lessen competition contrary to section 45 of the Competition Act[2] where there is evidence that the assignment is something more than the mere exercise of an intellectual property right.
Read our Focus on Competition newsletter to learn more.