Japan

Canada

IP Enforcement

20. Article 75 of the Canadian Patent Act provides that the maximum penalty for offence is a fine of $200, or imprisonment for three months, or both. Please explain whether these criminal remedies are consistent with Article 61 of the TRIPS Agreement which requires provisions for a sufficient deterrent, consistently with the level of penalties applied for crimes of a corresponding gravity.

It is noted that the provision of criminal remedies for patent infringement in Article 61 of the TRIPS Agreement is permissive only, not mandatory. In Canada, patent infringement is primarily deterred by the imposition of civil remedies.