European Union
Canada
IP Enforcement
13. In the context of border measures of counterfeit trademark goods, how is an importer’s right to be heard "within a reasonable period" (as to whether such a suspension should be modified, revoked or confirmed) protected under Canadian law (Article 55 of the TRIPS Agreement)?
Under subsection 53.1 (6) of the Trade-marks Act, Canada's customs authorities must release the imported goods within two weeks of their suspension, unless the Minister of National Revenue is served with notice of an action for a final determination by the court of the legality of the importation. Upon commencement of that action, as part of the judicial process, the importer, as an interested party, would have the right to be heard. In addition, upon notice of the detention and even prior to the commencement of the action, the importer may be heard in court in appropriate circumstances.