In Canada, criminal procedures for the enforcement of intellectual property rights are under the supervision of the courts. Subsection 42 (3) of the Copyright Act allows the court, in the context of a prosecution for an offence under subsection 42 (1), to deal with infringing copies or plates as it sees fit, whether the alleged offender is convicted or not. As regards counterfeit trademarked goods, upon conviction of an offence under sections 407-411 of the Criminal Code, anything by which a person commits such an offence is forfeited.
