United States of America

Canada

IP Enforcement

Provisional Measures

21. Articles 50.3 and 50.8 require that Members authorize judicial and administrative authorities to order the filing of a security or equivalent assurance to protect the defendant when provisional measures are being requested. Please describe the authority of Canadian judges to require the filing of a security or other assurance when granting provisional relief.

The jurisdiction of the Federal Court (and the superior court of each province) to require an undertaking in damages or equivalent security exists as part of the court's power to control its own process.