Japan
Canada
IP Enforcement
17. Please explain who shall pay the cost of detentions based on Article 51 of the TRIPS Agreement or destruction stipulated in Article 59 of the TRIPS Agreement.
The person seeking an order for detention and destruction of infringing goods under Section 53.1 of the Trade-marks Act would prima facie be liable for the costs associated therewith, in accordance with the security which that person provides. However, the court may also order the defendant to pay such costs, in appropriate cases.