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. 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.

 

–  –  –

This article is provided for informational purposes only and does not create a lawyer-client relationship with the reader. It is not legal advice and should not be regarded as such. Any reliance on the information is solely at the reader’s own risk. Clausehound.com is a legal tool geared towards entrepreneurs, early-stage businesses and small businesses alike to help draft legal documents to make businesses more productive. Clausehound offers a $10 per month DIY Legal Library which hosts tens of thousands of legal clauses, contracts, articles, lawyer commentaries and instructional videos. Find Clausehound.com where you see this logo.