Competition Act

Marginal note:Powers of Federal Court where certain rights used to restrain trade

• 32 (1) In any case where use has been made of the exclusive rights and privileges conferred by one or more patents for invention, by one or more certificates of supplementary protection issued under the Patent Act, by one or more trademarks, by a copyright or by a registered integrated circuit topography, so as to

  • (a) limit unduly the facilities for transporting, producing, manufacturing, supplying, storing or dealing in any article or commodity that may be a subject of trade or commerce,

  • (b) restrain or injure, unduly, trade or commerce in relation to any such article or commodity,

  • (c) prevent, limit or lessen, unduly, the manufacture or production of any such article or commodity or unreasonably enhance the price thereof, or

  • (d) prevent or lessen, unduly, competition in the production, manufacture, purchase, barter, sale, transportation or supply of any such article or commodity,

  the Federal Court may make one or more of the orders referred to in subsection (2) in the circumstances described in that subsection.

• Marginal note:Orders

  (2) The Federal Court, on an information exhibited by the Attorney General of Canada, may, for the purpose of preventing any use in the manner defined in subsection (1) of the exclusive rights and privileges conferred by any patents for invention, certificates of supplementary protection issued under the Patent Act, trademarks, copyrights or registered integrated circuit topographies relating to or affecting the manufacture, use or sale of any article or commodity that may be a subject of trade or commerce, make one or more of the following orders:

  • (a) declaring void, in whole or in part, any agreement, arrangement or licence relating to that use;

  • (b) restraining any person from carrying out or exercising any or all of the terms or provisions of the agreement, arrangement or licence;

  • (c) directing the grant of licences under any such patent, certificate of supplementary protection, copyright or registered integrated circuit topography to the persons and on the terms and conditions that the court may deem proper or, if the grant and other remedies under this section would appear insufficient to prevent that use, revoking the patent or certificate of supplementary protection;

  • (d) directing that the registration of a trademark in the register of trademarks or the registration of an integrated circuit topography in the register of topographies be expunged or amended; and

  • (e) directing that such other acts be done or omitted as the Court may deem necessary to prevent any such use.

• Marginal note:Treaties, etc.

  (3) No order shall be made under this section that is at variance with any treaty, convention, arrangement or engagement respecting patents, certificates of supplementary protection, trademarks, copyrights or integrated circuit topographies to which Canada is a party.