Product Hopping: Can Patent Non-Use Be an Abuse of Dominant Market Position in Canada

James B. Musgrove, McMillan Peter E.J. Wells, C.S., McMillan Joshua Chad. McMillan and Devin Anderson, Freshfields ask Product Hopping: Can Patent Non-Use Be an Abuse of Dominant Market Position in Canada?

ABSTRACT: In Europe and the United States, attempts to switch demand from a non-patent protected product to one enjoying continuing patent protection have attracted antitrust scrutiny (pharma industry). At this stage, it is not certain whether Canada will follow suit as the rules of competition applicable in that country may provide arguments to those seeking to justify such practices.