{"componentChunkName":"component---src-templates-blog-post-ts","path":"/blog-bite-how-the-competition-bureau-will-determine-whether-a-conduct-involving-intellectual-property-raises-an-issue-under-the-competition-act/","result":{"data":{"site":{"siteMetadata":{"title":"Clausehound Blog","author":"Joshua Koudys"}},"markdownRemark":{"id":"9b8629c7-0080-5472-a4fe-7c71b8c64c59","excerpt":"This article posted on our partner site Mondaq.com is helpful in understanding the role Competition Bureau plays in the enforcement of intellectual property…","html":"

This article posted on our partner site Mondaq.com is helpful in understanding the role Competition Bureau plays in the enforcement of intellectual property rights.

\n

Specifically, this article discusses proposed changes in the rules for the purpose of restricting the activities of “patent trolls”. The article also considers the dangers of having standards set by the market-share holders of technology or patent properties.

\n

In an M&A context it might be worthwhile to consider whether the patents or patent management practice might run afoul of the “trolls”, a larger competitor with a patent enforcement agenda; unfair pricing within patent licensing rules; or a claim of anti-competitiveness. A careful acquirer might request representations to protect against the foregoing, or might also request an antitrust legal opinion.

","frontmatter":{"title":"Blog Bite: In what case would aggressive patent management trigger the scrutiny of the Competition Bureau?","date":"June 19, 2015","description":"This article posted on our partner site Mondaq.com is helpful in understanding the role Competition Bureau plays in the enforcement of intellectual property rights.","author":{"id":"alina@clausehound.com","first":"Alina","last":null,"bio":null,"image":null},"tags":["Intellectual Property","Technology","Business","Acquisition","Ownership of Intellectual Property","Definition of Intellectual Property","Intellectual Property Transfer","Small Business Corner","IP Transfer","Blog Bites","Mondaq","Canada (General)"]}}},"pageContext":{"slug":"/blog-bite-how-the-competition-bureau-will-determine-whether-a-conduct-involving-intellectual-property-raises-an-issue-under-the-competition-act/","previous":{"fields":{"slug":"/court-may-stay-proceedings-in-favour-of-arbitration-where-binding-arbitration-clause-covers-dispute-and-parties-have-given-notice-of-arbitration/"},"frontmatter":{"title":"Court May Stay Proceedings in Favour of Arbitration Where Binding Arbitration Clause Covers Dispute and Parties Have Given Notice of Arbitration","tags":["Dispute Resolution","Notice of Arbitration","Dispute Resolution","Rajah"],"author":{"id":"rajah@cobaltcounsel.com","first":"Rajah","last":"Lehal"}}},"next":{"fields":{"slug":"/developer-hacks-mobile-app-with-harmful-malware/"},"frontmatter":{"title":"Developer Hacks Mobile App with Harmful Malware","tags":["Representations and Warranties","Website Terms of Use","Commercial Activities","Rajah"],"author":{"id":"rajah@cobaltcounsel.com","first":"Rajah","last":"Lehal"}}}}}}