United States of America
Canada
IP Enforcement
6. Article 41.3 of the TRIPS Agreement requires that decisions on the merits of a case preferably be in writing, the better to determine the reasoning on which the decision is based. Please state, with regard to each type of court and administrative body identified in question 1, whether judges or administrative officials must render their decisions in writing and cite the legal authorities requiring such written opinions.
All judgements and orders of the Federal Court, with the exception of interlocutory ones, must be in the form of a separate document signed by the presiding judge (Rule 337(2)). Interlocutory judicial and orders may be endorsed on the notice of motion or other document on the court file (Rule 337(7)). Similar rules exist for the superior courts of the provinces. Since intellectual property rights are private rights of action, they are not enforceable by administrative agencies. (It is noted that the stipulation in Article 41.3 of the TRIPS Agreement, that reasons for judgement be in writing, is directory, not mandatory).