European Union

Canada

IP Enforcement

4. What is the procedure of the Federal Court of Canada, and the superior courts of the provinces, to identify and protect confidential information? Is there a similar procedure for Canada's administrative decision makers? Are there any rules of practice, or otherwise, which set out such a procedure (Article 42 of the TRIPS Agreement)?

Rule 452 of the Federal Court Rules requires that a party allow access to all documents listed in its affidavit of documents. The court may make a protective order where a party establishes, for example, that its legitimate interest in not losing its competitive advantage outweighs the competing interest of the other party in obtaining information which is relevant to the litigation. However, protective orders are only given in unusual circumstances. Other courts observe similar rules. (Intellectual property rights are not enforced by administrative tribunals in Canada.)