Switzerland

Canada

IP Enforcement

1. Please explain whether international treaties which contain detailed provisions addressed to the (judicial) authorities and not to the State itself are considered as self-executing in your system? If not, when there is a divergency between the intellectual property legislation/practices and the international agreement in your country, does the latter automatically prevail? If not, please explain the means allowing your country to fulfil the international obligations? Please cite the relevant texts or jurisprudence.

Canada follows the traditional British position that its laws are separate from its treaty obligations and that treaties do not automatically modify its laws. Should Canada's laws need to be changed, in order to comply with a treaty obligation, a legislative amendment would be required. Thus, if there were a divergence between Canada's intellectual property legislation and the TRIPS Agreement, that legislation would have to be amended by Parliament.