European Union
Canada
IP Enforcement
10. Given the existing standards for interlocutory (including interim) relief under Canadian law, are Canadian judicial authorities able to order effective provisional measures, particularly in the area of patents? How are Canadian courts obliged to discontinue provisional measures if prosecution of the infringement action is not initiated in an expeditious fashion (Article 50 of the TRIPS Agreement)?
The Federal Court and the superior courts of the provinces have inherent equitable authority to make such interim or interlocutory orders as are necessary for the administration of justice, in patent and other intellectual property right cases. Such orders may include quia timet injunctions and Anton Piller orders. Where delay is encountered in the prosecution of an infringement action, the equitable doctrine of laches would enable the court to vacate such orders, at the request of the moving party.