European Union

Canada

IP Enforcement

6. What statutory provision, or governing jurisprudential rule, ensures that Canadian courts will not provide for release of goods upon the simple removal of the trademark unlawfully affixed (absent exceptional circumstances) (Article 46 of the TRIPS Agreement)?

Section 53.2 of the Trade-marks Act provides that the "court may make any order that it considers appropriate in the circumstances, including an order providing for ... the destruction ... or other disposition of any offending wares, packages, labels and advertising material ...".