Japan
Canada
IP Enforcement
10. Please explain the responsibility that the competent authorities and other related authorities take to the right holders when they examine goods which infringe intellectual property rights and nevertheless release them into free circulation with regard to the suspension based on the Application or the Ex Officio Action stipulated in Article 58 of the TRIPS Agreement.
Both the Copyright Act and the Trade-marks Act require customs officials, under an order from the court, to take reasonable measures on the basis of information reasonably required by them and provided by the applicant to detain the goods. Customs officials do not make decisions on infringement of intellectual property rights, that is left to the courts. When customs officials receive a court order to detain certain goods, the officials will detect the goods by description, origin, importer, etc.. Describing the goods as counterfeit or pirated is not a useful description for customs purposes in detecting the goods. Once customs officials are satisfied that the goods are the subject of the court order, they will not release them without direction from the court to do so (or if the above two week time-limit expires).