United States of America

Canada

IP Enforcement

Civil and administrative procedures and remedies

16. Article 48.2 permits WTO Members to exempt public authorities and officials from liability from remedies only where their actions were taken or intended in good faith in carrying out their responsibilities under the law. Please explain any exemption provided public authorities and officials from liability for abuse of enforcement procedures, describe the circumstances in which such limitations would not apply, and cite the legal authorities granting such exemptions.

Canada has no ex officio enforcement procedures at the hand of its public authorities. Rather, as private rights of action, intellectual property rights are enforced by the right holders themselves through the judicial process.