Canada is compliant with Article 61 of the TRIPS Agreement. Criminal remedies for trademark offences are contained in the Criminal Code. Section 406 provides as follows:
"For the purposes of this Part, every one forges a trademark who
(a) without the consent of the proprietor of the trademark, makes or reproduces in any manner that trademark or a mark so nearly resembling it as to be calculated to deceive; or
(b) falsifies, in any manner, a genuine trademark."
Section 407 states that:
"Every one commits an offence who, with intent to deceive or defraud the public or any person, whether ascertained or not, forges a trademark."
The last section creates the offence of forging a trademark. That offence is committed where the acts described in Section 406 are done with the intention to deceive or defraud any person or the public. Other related offences are contained in Sections 407 to 411. Section 412 provides that that offence may be prosecuted by indictment, with a maximum punishment of imprisonment for two years, or by summary conviction. Anything by means of or in relation to which any of these offence is committed is forfeited upon conviction, unless the court orders otherwise.
