Go back

1. Member raising question and answering

European Union
Canada

2. Category and subcategory

IP Enforcement

3. Question

12. Are Canada's Copyright Act border measure provisions inconsistent with Article 51 of the TRIPS Agreement in that they limit the right to apply for a border measure to owners or exclusive licensees of the copyright? Please explain.

4. Answer

In the context of the TRIPS Agreement, "right holders" are considered to be owners (for copyright, owners include the authors of the works in question). By including exclusive licensees, Canada's legislation has, in fact, gone beyond the obligations in Article 51 of the TRIPS Agreement.
  Go back