United States of America

Canada

IP Enforcement

Provisional Measures

20. Articles 50.3 and 50.8 authorize judicial and administrative authorities to require applicant to provide evidence to establish with a sufficient degree of certainty that the applicant is the right holder and that infringement has occurred or is imminent. With respect to each intellectual property right defined in Article 1.2 of the TRIPS Agreement, please describe the evidence right holders must present to establish ownership.

Ordinarily, ownership of intellectual property rights is proven by registration certificates, which are admissible in court (Patent Act, Section 14; Plant Breeders Rights Act, Section 65; Trade-marks Act, Section 54; Copyright Act, Section 53; Industrial Design Act, Section 7; and Integrated Circuit Topography Act, Section 15). Such certificates create a rebuttable presumption that the information contained therein is accurate.