Blog Bite: In what case would aggressive patent management trigger the scrutiny of the Competition Bureau?

June 19, 2015

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

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.

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.

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Written by Alina.