European Union
Canada
IP Enforcement
8. Under what statutory provisions are "public authorities and officials" such as members of the Copyright Board, the Trademark Opposition Board, or the Patented Medicine Prices Review Board made liable for actions taken otherwise than in good faith, in their administration of intellectual property laws? Does Canada interpret Article 48.1 of the TRIPS Agreement, to require liability of judicial decision makers as "public authorities"? If so, how are judicial decision makers liable for bad faith actions (Article 48.2 of the TRIPS Agreement)?
The Copyright Board, Trademark Opposition Board and Patented Medicine Prices Review Board are not engaged in the enforcement of intellectual property rights. The courts are.