Patents curb Competition

Interesting little article on Bloomberg.com, entitled Canada Patent Ruling Curbs Competition Enforcement, Lawyer Says.

Apparently our Federal Court of Appeal today heard the case between Eli Lilly & Co. and Apotex Inc. about whether Lilly and Japanese drug maker Shionogi & Co. were engaged in conduct that was contrary to section 45 of our Competition Act (Federal Court of Appeal, Toronto, 2004 FC 1445). Snippets of some of the arguments that were made in front of the appeals court panel can be found in the article.

Earlier, at the Federal Court Trial Division, it was held that our Patent Act allows for the limiting of competition when patents are transferred and that those rights trump the limitations set out in our Competition Act. It is this decision that is being appealed.

It will be interesting to see how the appeals court decides but, as expected, the appeals court panel reserved its decision.

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