Canada complies with Article 55 of the TRIPS Agreement. Under subsection 53.1 of the Trade-marks Act, suspension measures ordinarily become null and void after two weeks, unless an action to determine the legality of the importation has been commenced and the Minister of National Revenue has been so notified. Once an action has been commenced, as part of the judicial process, the importer, as an interested party, would have the right to be heard. It should be noted that, before the court will order the suspension of the goods, it must be satisfied that there is infringement. Therefore, a prima facie case would have to be made out. Under Section 44.1 of the Copyright Act, a similar procedure applies to goods which are imported where there is a prima facie copyright infringement. Under Section 27 of the Federal Court Act, an appeal on any final or interlocutory judgement of the Federal Court lies to the Federal Court of Appeal.
