Japan

Canada

IP Enforcement

9. Please explain the responsibility that the competent authorities and other related authorities take to the right holders when they fail to suspend the release into free circulation of goods which infringe intellectual property rights with regard to the suspension based on the Application or the Ex Officio Action stipulated in Article 58 of the TRIPS Agreement.

In Canada, customs authorities do not act on their own initiative, but only after a court order has been issued under section 53.1 of the Trade-marks Act, or subsection 44.1 of the Copyright Act. If the customs authorities take reasonable measures to detain the goods, they would ordinarily not be liable if any goods were inadvertently allowed to enter the channels of commerce.