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1. Member raising question and answering

Japan
Canada

2. Category and subcategory

IP Enforcement

3. Question

7. Please indicate provisions of laws and ordinances which prescribe the "proceedings leading to a decision on the merits of the case" stipulated in Article 55 of the TRIPS Agreement. And please summarize their contents.

4. Answer

Under the Trade-marks Act, section 53.1, and the Copyright Act, subsection 44.1, there is a right of action for a "final determination by the court of the legality of the importation or distribution".
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