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1. Member raising question and answering

European Union
Canada

2. Category and subcategory

IP Enforcement

3. Question

11. Do Canada's Trade-marks Act border measure provisions comply with Article 51 of the TRIPS Agreement in that they limit the right to apply for a border measure to persons with an interest in a registered trademark? Please explain.

4. Answer

It is noted that paragraph (a) of Note 14 of the TRIPS Agreement clarifies that "counterfeit trademark goods" refers to the infringement of a registered trademark.
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