Japan
Canada
IP Enforcement
16. Please explain the basis for calculating the security or equivalent assurance stipulated in Article 53 of the TRIPS Agreement that the competent authorities may require an applicant when they suspend the release into free circulation.
Subsection 53.1 (3) of the Trade-marks Act provides as follows: "Before making an order under subsection (1), the court may require the applicant to furnish security, in an amount fixed by the court, (a) to cover duties, storage and handling charges, and any other amount that may become chargeable against the wares; and (b) to answer any damages that may by reason of the order be sustained by the owner, importer or consignee of the wares." Subsection 44.1 (5) of the Copyright Act is similarly worded.