United States of America

Canada

IP Enforcement

Civil and administrative procedures and remedies

9. Article 42 requires that defendants be notified of judicial and administrative intellectual property enforcement proceedings brought against them. Please describe the procedures followed by each type of court and administrative body identified in question 1 for notifying defending parties regarding proceedings that have been initiated against them, indicate the information provided regarding the proceeding and cite the legal authorities establishing these procedures.

For most intellectual property rights, the Federal Court has a concurrent jurisdiction with the superior courts of other provinces for infringement cases (Federal Court Act, Subsection 20(2); Patent Act, Subsection 54(1); Industrial Design Act, Section 15.2; Trade-marks Act, Section 55; Plant Breeders Rights Act, Subsection 42(1), 43(1). Trade secrets, on the other hand, are protected through the application of the law of contract and tort and the principles of equity, or in Quebec Articles 1472, 1612 and 2088 of the Civil Code of Quebec, and are thus enforceable only in the superior courts of the provinces. Under Rule 400 of the Federal Court Rules, actions in the Federal Court are commenced by statement of claim, the purpose of which is to give the defendant notice of the legal and factual basis upon which the plaintiff brings its case. Under Rule 304, the statement of claim must be served personally upon the defendant. Under Rule 469 an application may be made for an interlocutory injunction, or for the interim reservation of property, etc.