European Union

Canada

IP Enforcement

7. In what circumstances, if any, do Canadian judicial officials have the authority to order an infringer of intellectual property rights to inform the right holder of the identity of third persons involved in the production and distribution of goods and services found to be infringing and of their channels of distribution (Article 47 of the TRIPS Agreement)?

The Federal Court and the superior courts of the provinces have inherent authority to make such orders as are necessary for the administration of justice, in deciding intellectual property right infringement cases. (It is noted that Article 47 of the TRIPS Agreement is permissive, not mandatory.)