Patent disputes lend themselves well to alternative dispute resolution (ADR) methods, particularly mediation.1 Mediation provides a timely and cost-effective opportunity for parties to explore and adopt creative solutions for technically complex issues. When mediating such disputes, however, parties must be mindful of the reach of competition laws, otherwise they may unwittingly agree to engage in unlawful, anti-competitive behaviour.

1. The Objectives of Patent Law -

Patent laws in Canada are designed to facilitate and incentivize innovation. To that end, patent owners are granted a 20-year monopoly to exclude others in exchange for disclosure of their inventions. The monetary recovery from such a monopoly is meant to enable the patentee of a valuable invention to return a handsome profit, thus incentivizing research, development, and commercialization of new products and services.2 Justice Binnie of the Supreme Court of Canada described these objectives as follows...