United States of America

Canada

IP Enforcement

Civil and administrative procedures and remedies

12. Article 44.2 provides an exception to the requirement in paragraph 1 for government use or use by third parties authorized by the government, limiting the remedy for infringement to payment of adequate remuneration as provided in Article 31(h). Please describe any such limitations on remedies in the laws of Canada and cite the legal authorities providing for those limitations.

By virtue of section 19 of the Patent Act and Section 7.2 of the Integrated Circuit Topography Act, no action would lie against the use by the government of a patented invention or registered topography, if authorized by the Commissioner of Patents, who would award adequate remuneration.