European Union
Canada
IP Enforcement
3. Where a statutory right of appeal is not available from an administrative decision concerning patent, trademark and copyright interests (such as in the case of the Copyright Board), has Canada failed to meet its obligation to provide for review of an administrative decision by a judicial authority? Does Canada take the position that it is in compliance with Article 41.4 so long as "judicial review" is available, regardless of the extent to which such review is circumscribed by statute or jurisprudence?
Canada is in compliance with Article 41.4 of the TRIPS Agreement. By way of information, judicial review is provided for decisions of the Copyright Board and other federal tribunals under Sections 18, 18.1 and 28 of the Federal Court Act. However, such tribunals do not enforce intellectual property rights. The courts do.