European Union
Canada
IP Enforcement
2. Do Canada's "summary judgement" provisions provide a realistic opportunity for obtaining an expeditious remedy against infringement of intellectual property rights, particularly patent rights? Please explain (Article 41.1 of the TRIPS Agreement)?
The summary judgement provisions only apply where, as a result of factual admissions or information contained in documents filed with the court, there is nothing in controversy in the action, and thus the party's right to judgement flows as a matter of law.